Court of Appeal to rule on human rights in care homes

Posted on December 1st, by editor in Caring Times. No Comments

Does the Human Rights Act apply to privately-run care homes and, if it doesn’t, is a local authority acting unlawfully if it transfers people from its own homes, where the Act does apply, to homes in the private sector? These questions were argued in the Court of Appeal in January with Cherie Booth, QC, representing the National Care Association (NCA) arguing that residents in private sector care homes are already comprehensively protected by the existing legislation and regulation. The case before the Court of Appeal, which has attracted national media coverage, involves a group of elderly residents in the London borough of Havering who say they will lose their human rights protection if the council transfers its homes to the private sector. The NCA was asked by the Department of Constitutional Affairs to give an expert view of the care sector as evidence at the hearing. The NCA’s legal representatives, Lester Aldridge, appointed Cherie Booth and Professor Aileen McColgan to represent the NCA. In 2002, t

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