Category Archives: care homes

Save Clause 48

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Imagine two people who live next to each other in a care home – one pays for their own care, the other’s is arranged by their council. Did you know that only one of these people has the full protection of the law from abuse and neglect?

It seems absurd but a loophole in human rights law means this is true. Currently, only those who have their residential care arranged by a public body are directly covered by the Human Rights Act. Anyone who pays for their own residential care or receives care in their own home has fewer rights and protections. Age UK thinks this is wrong.

One of the most exciting things that happened when the House of Lords debated the Care Bill was an amendment that sought to close this loophole. It was voting through, defeating the Government. This amendment became Clause 48 of the Care Bill, giving equal protection to everyone receiving care under human rights law. Continue reading

Older people deserve better care in hospitals and care homes

This blog was contributed by Dianne Jeffrey, Chairman of Age UK and Co-chair of the  Commission on Improving Dignity in Care. 

Dianne Jeffrey CBE DL, Chairman of Age UK and Co-chair of the Commission on Dignity in Care

Dianne Jeffrey CBE DL, Chairman of Age UK and Co-chair of the Commission on Dignity in Care

I have always been clear that dignity and compassion must be at the heart of our health and care system.

This is why, in June last year, the Commission on Improving Dignity in Care for Older People (made up of, Age UK, NHS Confederation and the LGA) published its report, Delivering Dignity. It was the culmination of hundreds of written submissions and oral contributions from experts, clinicians and patients. In this report we set out a raft of recommendations for changing the way we design and deliver care as the numbers of older people who need care continues to grow. Continue reading

Tackling the future funding of social care

Age UK has responded to a Department of Health consultation on the future funding of social care. This marks the latest stage in the long march to reform how we pay for care. The ‘Dilnot’ Commission on long term care funding recommended a new system whereby the amount that individuals would be expected to pay towards their care needs would be capped. The government has announced that it will implement a modified version of these recommendations. However there are still many unanswered questions about the new system and concern about its complexity.

The proposals are based on a new national system of eligibility for local authority care. The only spending by an individual that will count towards the 440px_older_carers_handscap is that required to meet needs which fall within these criteria – currently set at ‘substantial’ . If the criteria are too restrictive people might have spent large amounts before their outlay even starts to count towards the cap. Age UK has therefore argued that eligibility for local authority care should include people with what would currently be defined as moderate needs. Continue reading

Older People’s Human Rights on the agenda at national and global level

At this year’s political party conferences the future of the Human Rights Act (HRA) was a hot topic, with the Conservative Party announcing a manifesto commitment to scrap the HRA and replace it with a British Bill of Rights, while the Liberal Democrats and Labour Party vowed to staunchly defend the status quo.

This debate, which is set to intensify between now and the next general election, tends to focus on a narrow range of human rights issues, namely how the HRA affects groups such as immigrants and prisoners.   What usually gets lost in this debate is the crucial role that human rights can play in the everyday lives of those whose rights are at risk in very different contexts, such as vulnerable older people receiving health or social care.

Last week the Equality and Human Rights Commission published the latest in a series of reports about the human rights of older people who receive care at home. It highlights that funding pressures which result in brief care visits have a devastating effect on both the older people relying on these services as well as the staff forced to choose between rushing visits, leaving early without finishing tasks or running late between clients. For local authorities to meet their human rights obligations and for older people to be assured of dignified and respectful care, the rates paid to care providers must cover the cost of care. Continue reading