Campaign win: Government moves to protect older people’s human rights

Last week the Care Bill received royal assent. Let’s mark the occasion by reflecting on the successes that we have achieved, the changes to the social care system and the measures that will help older people with care needs to live with dignity.

One of the changes that is particularly positive was only agreed in the very final
stages of the parliamentary process. During the exciting-sounding ‘ping pong’ where the two Houses are required to agree each other’s changes to the Bill, a
Government amendment was accepted that closes a loophole in human rights law; a change that Age UK has campaigned for a number of years.

Currently, whether you are covered by the Human Rights Act when receiving care services depends on what that service is, how it is funded and who arranges it. Publicly funded or arranged residential care is covered. Privately arranged
and funded residential care is not. That means two people living in the same care home could have different levels of protection under the law. When it comes to domiciliary care, there is no direct coverage at all. This means that human rights abuses could be taking place with no option for redress. Continue reading “Campaign win: Government moves to protect older people’s human rights”

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 “Save Clause 48”