Care Bill: How the Human Rights Act can provide a safety net

Winterbourne View, Operation Jasmine, the EHRC’s Close to Home report and the harrowing story of Gloria Foster are all recent examples, and there are many more, of how the human rights of those receiving care have been breached. One would assume that protecting someone from abuse, neglect or undignified treatment would be the first priority of those providing care, however, in some cases it is clear that it is not so.

440x210_care_homeIn this context it is vital that the law acts to protect who are vulnerable to human rights abuses. The Human Rights Act 1998 states that ‘It is unlawful for a public authority to act in a way which is incompatible with a Convention right.’ Simply put, this means that public bodies have a duty to respect and protect people’s human rights to fairness, respect, equality, dignity and autonomy.  Where they fail in this regard they can be challenged in the courts.

Age UK has long been concerned that not all older people receiving care benefit from this vital source of protection. Certain groups of older people including those who receive home care services provided by private and third sector organisations under a contract to the local authority and those who arrange and pay for their own care are currently not directly protected under the Human Rights Act. Continue reading “Care Bill: How the Human Rights Act can provide a safety net”

Evidence uncovered by the EHRC home care inquiry is shameful

The news that older people are being stolen from, left  hungry and  dirty by local authority funded  care workers  responsible for looking after them is truly shocking and a sad indictment of how our supposedly humane society allows older people to be treated.

The findings in the Equality and Human Rights Commission’s report into home care   show that in too many cases support  provided to many older people in their own homes fails to uphold  the basic rights enshrined in law that most of us would expect as a moral obligation.

The report reveals not only extreme abuse but  a  pattern of lower level insidious  and uncaring  ill treatment. Examples include carers talking on their mobiles  while working , treating those they care for as invisible or leaving someone sitting on a toilet. A disrespectful approach  undermines the  dignity and self- worth  of people  who  often find it difficult to complain or are afraid to do so out of fear of reprisals , enabling the abuse and neglect to continue unabated.

How is this allowed to happen? Funding is part of the answer – local authority spending cuts have led to many councils cutting back on spending on care and support for older people. In some areas this will mean that care packages will be cut, leaving older people to struggle on alone with  only the most disabled receiving  any care support. In others, a less than generous care package will have been further cut back meaning that older people will be visited fleetingly with,without doubt, visits from home carers which are  too short to enable proper care let alone any of the social interaction so important for us all, and so needed by those already isolated.

Low wages and status for care workers does not help in creating a motivated and professional workforce and training should be urgently addressed. WE must place the needs and humanity of those needing care at the centre of our thinking, not treat them merely as the subjects of a list of tasks to be completed. And we need to let those who hold the budgets that we want sufficient funding to allow care reflect the respect and dignity that should be accorded to older people.

Horrifying as today’s report is – we hope that it will be read and reflected on by those who have the power to change the situation.

Age UK believes   it is incumbent on  every local authority and care provider to pay much more attention to the basic human rights of the people who rely on them for care .That means  setting budgets which allow  proper support  and  carefully  monitoring  contracts with  home care providers to ensure  they are working properly. A number of recent court cases have upheld this view, forcing local authorities to  reconsider their budgets and planned  cuts to care services. National government must acknowledge that it has a role to play in ensuring that sufficient funds reach the frontline of care provision and ensuring a sustainable future for social care in this country.

We as a nation must decide whether as a society we are prepared to let older people – and that will include each one of us one day – to be treated in this way. If we are sickened and appalled by what this report has uncovered then we need to let our leaders know that we want change.

Find out more about our Care in Crisis campaign