This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/uk/6220716.stm
The article has changed 7 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Ruling on care home residents due | Ruling on care home residents due |
| (20 minutes later) | |
| Law Lords are due to rule on whether the Human Rights Act applies to private care homes in England and Wales if residents are council funded. | |
| They have been considering the case of a woman with Alzheimer's disease, known only as Mrs YL, whose family are fighting a decision to evict her. | They have been considering the case of a woman with Alzheimer's disease, known only as Mrs YL, whose family are fighting a decision to evict her. |
| Medical experts have said moving the woman would pose a grave risk to her. | Medical experts have said moving the woman would pose a grave risk to her. |
| The 84-year-old would have protection under human rights law if she were in a home run by the local authority. | The 84-year-old would have protection under human rights law if she were in a home run by the local authority. |
| The case could affect 300,000 private care home residents. The Act only covers public authorities and those performing public functions. | The case could affect 300,000 private care home residents. The Act only covers public authorities and those performing public functions. |
| In Mrs YL's case, her lawyers say there has been an "irretrievable breakdown" in the relationship between her family and her care 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. |
| Public importance | Public importance |
| If her 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 her 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". |
| The Lord Chancellor, Lord Falconer, is backing Mrs YL's case. | The Lord Chancellor, Lord Falconer, is backing Mrs YL's case. |
| In January, three appeal judges rejected the idea that a private care home was exercising a public function when it looked after people referred and funded by the local authority. | In January, three appeal judges rejected the idea that a private care home was exercising a public function when it looked after people referred and funded by the local authority. |
| But it said Mrs YL's case should be referred to the highest court possible because of its public importance. | But it said Mrs YL's case should be referred to the highest court possible because of its public importance. |
| Critics have insisted that elderly residents already have protection under other existing laws. | Critics have insisted that elderly residents already have protection under other existing laws. |