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| Version 2 | Version 3 |
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| Lords consider care home eviction | Lords consider care home eviction |
| (about 2 hours later) | |
| An 83-year-old woman with Alzheimer's disease is at the centre of a landmark legal case to be heard by Law Lords. | An 83-year-old woman with Alzheimer's disease is at the centre of a landmark legal case to be heard by Law Lords. |
| The woman, known only as YL, is threatened with eviction from the private care home she lives in. | The woman, known only as YL, is threatened with eviction from the private care home she lives in. |
| She does not have the same protection under the Human Rights Act as she would if she were in a council-run home. | She does not have the same protection under the Human Rights Act as she would if she were in a council-run home. |
| But - in a case which could affect 300,000 private care home residents - her lawyers say she should be protected because the council pays for her. | But - in a case which could affect 300,000 private care home residents - her lawyers say she should be protected because the council pays for her. |
| There is no justification for the current 'two tier' approach to basic human rights Gordon LishmanAge Concern | There is no justification for the current 'two tier' approach to basic human rights Gordon LishmanAge Concern |
| Such residents are currently unprotected by the Human Rights Act if it is decided they must leave a home. | Such residents are currently unprotected by the Human Rights Act if it is decided they must leave a home. |
| This can happen if a care home closes, but charities for the elderly say it can also occur if a resident has made a complaint about the running of a home. | This can happen if a care home closes, but charities for the elderly say it can also occur if a resident has made a complaint about the running of a home. |
| In Mrs YL's case, her lawyers say there has been an "irretrievable breakdown" in the relationship between her family and her care home. | |
| Yogi Amin, of Irwin Mitchell solicitors who are representing Mrs YL, said: "Care homes are undertaking a public function in providing accommodation and caring for some of the most vulnerable people in society. | |
| "They need to accept the responsibility that goes with it." | |
| If the case is successful, private care home residents could be entitled to rights such as the "right to respect for private and family life", the "prohibition of inhuman and degrading treatment" and the "right to a peaceful enjoyment of possessions". | If the case is successful, private care home residents could be entitled to rights such as the "right to respect for private and family life", the "prohibition of inhuman and degrading treatment" and the "right to a peaceful enjoyment of possessions". |
| 'Robust legislation in place' | 'Robust legislation in place' |
| Gordon Lishman, director general of Age Concern England, said: "We hope that this test case will close this loophole in the law so that vulnerable older people are equally protected by the Human Rights Act. | Gordon Lishman, director general of Age Concern England, said: "We hope that this test case will close this loophole in the law so that vulnerable older people are equally protected by the Human Rights Act. |
| "Approximately 300,000 older people are unprotected from ill treatment or abuse because of the narrow definition of public authority under the Human Rights Act. | "Approximately 300,000 older people are unprotected from ill treatment or abuse because of the narrow definition of public authority under the Human Rights Act. |
| "Sadly, examples of abuses include being fed breakfast while sitting on the toilet and death from dehydration." | "Sadly, examples of abuses include being fed breakfast while sitting on the toilet and death from dehydration." |
| He added the only reason such people were not protected was that they received their care from private or voluntary services providers, not the local authority. | He added the only reason such people were not protected was that they received their care from private or voluntary services providers, not the local authority. |
| "There is no justification for the current 'two tier' approach to basic human rights," Mr Lishman said. | "There is no justification for the current 'two tier' approach to basic human rights," Mr Lishman said. |
| Small private businesses should not be expected to take on the responsibility of the state Sheila ScottNational Care Association | Small private businesses should not be expected to take on the responsibility of the state Sheila ScottNational Care Association |
| Shami Chakrabarti of the human rights group, Liberty, says all care homes should be subject to the law. | Shami Chakrabarti of the human rights group, Liberty, says all care homes should be subject to the law. |
| "Decent care homes that have been properly, ethically run have nothing to be afraid of and that's why it's so worrying that some of them resist it. | "Decent care homes that have been properly, ethically run have nothing to be afraid of and that's why it's so worrying that some of them resist it. |
| "It will just require that they treat individual elderly people with dignity and respect; they really shouldn't run away from that at all." | "It will just require that they treat individual elderly people with dignity and respect; they really shouldn't run away from that at all." |
| But the National Care Association said care home residents' rights were already fully protected under existing legislation, including the Care Standards Act. | But the National Care Association said care home residents' rights were already fully protected under existing legislation, including the Care Standards Act. |
| State responsibility | State responsibility |
| Chief executive Sheila Scott said: "Human rights legislation is intended to protect people from abuse by the state either at a local or national level. | Chief executive Sheila Scott said: "Human rights legislation is intended to protect people from abuse by the state either at a local or national level. |
| "We have always believed that it is for local government to arrange services to be provided for people in need of care in the independent sector and that there is already significant, robust and pertinent legislation in place within the Care Standards Act to protect people living in care homes from abuse and neglect." | "We have always believed that it is for local government to arrange services to be provided for people in need of care in the independent sector and that there is already significant, robust and pertinent legislation in place within the Care Standards Act to protect people living in care homes from abuse and neglect." |
| She added: "Small private businesses should not be expected to take on the responsibility of the state." | She added: "Small private businesses should not be expected to take on the responsibility of the state." |
| The hearing is set to last three days, but the decision is expected to come at a later date. | The hearing is set to last three days, but the decision is expected to come at a later date. |