Human Rights in the care home sector
By NEIL GRANT, partner at Bevan Brittan LLP
Independent sector care home providers in England and Wales who provide residential care services to residents under contract to local authorities are to be bound by the Human Rights Act 1998.
Providers will be public authorities for the purposes of the Act on the basis they are providing â€œfunctions of a public natureâ€ in looking after local authority funded clients. This change in the law, contained in section 145 of the Health and Social Care Act 2008, will have significant implications for the care sector given that local