Health and Social Care Bill Parliamentary Briefings

Private care homes: the application of the Human Rights Act

The Commission’s predecessor, the Disability Rights Commission, together with five non-governmental organisations and the Government, intervened in the case of YL contending that the care home in that case should have legal responsibilities under the Human Rights Act towards the resident.*  By a majority of three to two, the House of Lords did not agree.

Following that decision, the Commission has recommended the swift introduction of a legislative amendment to the Health and Social Care Bill (HASC Bill) in order to clarify the scope of the Human Rights Act in relation to nursing and care homes in the private and voluntary sector.** 

Download Health and Social Care Parliamentary Briefing papers

* Apart from the Government and the Commission, the interveners were Help the Aged, Age Concern, BIHR, Liberty and Justice (together with the Commission, the 'Interveners')
** The Commission also produced a briefing on the issue to the Committee stage of the HASC Bill in the House of Commons, 15 January 2008.

Last Updated: 01 Jul 2009