Care home ruling referred to House of Lords

1 Feb 07
The House of Lords is to rule on whether private care homes are bound by the 1998 Human Rights Act.

02 February 2007

The House of Lords is to rule on whether private care homes are bound by the 1998 Human Rights Act.

The question has been referred after a Court of Appeal judge found on January 30 that cases brought by care home residents raised 'fundamental questions' over the merit of a 2002 ruling, which found private homes were not bound by the Act as they were not providing a 'public function'.

Reviewing that judgment, Lord Justice Buxton pointed out that around 80% of care home places were funded by local authorities.

He said: 'It seems clear [they] can only continue… as profitable businesses because they are accepted by [local authorities] as acceptable providers of a public obligation.'

Buxton went further, taking the unusual step of criticising directly the 2002 ruling, which had likened care homes to hotels. 'The home is not just a hotel, but a care home.'

The case against was put by Cherie Booth QC, representing the National Care Association. Private care homes were businesses and should have the right to dispose of their resources in whichever way they found the most profitable, Booth told the court.

But Yvonne Hossack of Hossack solicitors, which represents the residents, told Public Finance that private homes were not currently bound by the law, which meant they could decide to close homes or change the circumstances of already vulnerable and weak residents without taking ameliorative action.

PFfeb2007

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