Government promises Human Rights Act will cover all care homes

31/03/2008

Health minister Ivan Lewis has announced plans for a three year study into abuse of the elderly in NHS hospitals and care homes - and is promising changes to the way the Human Rights Act applies to elderly people in care homes.

The £2 million study, jointly funded with Comic Relief, is one of three government measures aimed at giving more support to older people, and is the first to examine the full extent of abuse in state-run facilities for older people. Health minister Ivan Lewis also promised to ensure that the provisions of the Human Rights Act (HRA) would cover both private and voluntary sector care homes.

Last year the House of Lords ruled the Act only covered people in state-run institutions, but ministers will seek to amend the Health and Social Care Bill currently going through parliament to reverse the ruling. Mr Lewis also launched proposals for an independent adjudicator to rule on complaints against private homes by people who fund their own care. Currently older people who do not quality for state support and pay for their own care can only complain to the companies running their home.

Several charities have welcomed the new proposals. Kate Jopling from Help the Aged - who estimate that half a million older people are abused at any one time in the UK - said: "The Government's amendment to the Health and Social Care Bill will help to close the protection gap, and ensure these most vulnerable people have proper protection. Ignorance prevents us from recognising the true extent and nature of elder abuse - and we have ignored it for too long.

"All older people have a right to live their lives free from fear of abuse and neglect, whoever is responsible for their care - the state, a private provider or the voluntary sector."

Announcing the plans, Mr Lewis highlighted the difference between abuse and elderly people not being treated with the dignity they deserve but emphasised that both were equally unacceptable.

Chief executive Gary Fitzgerald from Action on Elder Abuse said: "We obviously need to understand the factors that influence poor practices or abusive behaviours, and we are pleased that the new research will include people who lack capacity and will focus upon institutional settings."

Katie Ghose, director of the British Institute of Human Rights, which has campaigned on the issue, commented: “Older and disabled people who face malnutrition, abuse or forced evictions cannot afford to wait a moment longer for the protection they need.” Other charities, including Human rights group Liberty, the English Community Care Association and the Alzheimer's Society have also welcomed the news.