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





Comments are closed.


Latest blog posts

Time for a ten dollar answer

By Caring Times editor GEOFF HODGSON

Ernest Hemingway was known for his minimalist style and he used to pooh-pooh what he called “ten-dollar” words. Not to...

Lacking capacity

By guest blogger JEF SMITH

A friend of mine diagnosed with cancer – now, happily, treated – was asked how he could possibly have missed the...

Care homes – understated examples of tasteful design

By Caring Times editor GEOFF HODGSON

Dozens of recently-built care homes are material proof that it is perfectly possible to design aesthetically pleasing buildings and put...