Many older people who live in private care homes are not being protected by the Human Rights Act 1998 because of a gap in the law.

Duties which were previously "public functions" are now carried out by the private and voluntary sectors, which do not have a statutory obligation to avoid violating the rights of people in their care.

Help the Aged told MPs and Lords on the Joint Committee on Human Rights that there were two groups of residents who were not protected by the act: those whose accommodation is arranged by councils and those who make their own arrangements.

The charity wants all residents, self-funding or otherwise, to be able to assert their rights against their care home provider under the European Convention on Human Rights. It also wants the act to be amended so that private and voluntary care homes come within the definition of public authority and must comply with the convention.

Estimates indicate that the independent sector provides more than 90 per cent of all homes and 85 per cent residential care home places.

Tessa Harding, head of policy at Help the Aged, said that older people were not receiving adequate protection. "Alternative legal remedies do not offer reliable or speedy protection to residents and cannot adequately fill the current gaps in human rights protection," she said.

- If you are interested in the latest developments in older people’s services, don’t miss Community Care LIVE this year. To register for this free event call 0870 7511 406 or visit www.communitycare.co.uk/cclive/home5.html