The National Health Service (NHS) was set up in 1948 to provide healthcare for all citizens based on need, not on the ability to pay. There are also many independent healthcare providers in Britain (both private and voluntary) which offer a variety of services. Public or independent health and social care providers may not discriminate unlawfully on grounds of sex, race, disability, sexual orientation, and religion and belief when providing services to people. It is still lawful however to discriminate on grounds of age when providing goods, facilities and services.
Legislation such as the Race Relations Act, the Sex Discrimination Act and the Disability Discrimination Act has given public authorities, including public sector health and social care providers, additional legal responsibilities to positively promote equality. Private providers are not legally required to comply with these, although it would be good practice for them to do so. When providing services on behalf of public authorities, contracts with the authorities may require private providers to deliver services in ways that comply.
In its judgment given in early 2007, the House of Lords found that a private care home providing accommodation to elderly residents is not bound by the European Convention on Human Rights when providing such care on behalf of a public authority. The government is considering a review of the law related to this matter. Find out more about the legal responsibilities of public authorities.
More guidance on what healthcare providers can do to promote equality and human rights can be found on the Healthcare commission website .