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Ruling on care home residents due Law Lords reject care home plea
(about 5 hours 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. The Human Rights Act does not apply to private care homes in England and Wales if residents are council-funded, the Law Lords have ruled.
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. The decision came in the case of an 84-year-old woman with Alzheimer's, known only as Mrs YL.
Medical experts have said moving the woman would pose a grave risk to her. Her lawyers argued that her threatened eviction from a private home would violate her right to family life.
The 84-year-old would have protection under human rights law if she were in a home run by the local authority. Her appeal was rejected by a 3-2 majority. The decision could affect as many as 300,000 care home residents.
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.
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".
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 laws.