Yesterday's decision by the House of Lords to maintain the exlusion of independent care homes under contract from councils from liability under the Human Rights Act is a massive blow for disabled and older people.
The case in question concerned a woman with dementia who had been threatened with eviction from her care home, where she was placed by Birmingham Council, though this threat was later withdrawn.
She claimed eviction would have violated her human rights. But the Lords, the court of appeal and the High Court have struck out the claim on the basis that independent sector homes are not liable under the act, even if they receive public funding.
Perhaps the courts felt that the drafting of the legislation gave them no option. But this position is absurd. Firstly, during the debates on the Human Rights Act in parliament, it was made clear that it should be applicable to all services performing a "public function", whether in the public or private sector. Secondly, and most significantly, this government and the Conservative opposition are hell-bent on opening more and more public services to competition, from an already high base. In areas such as social care, health and housing, it is vital that people's human rights are protected in outsourced services.
However, the government is as much to blame as the courts for this fiasco. With the honorable exception of care services minister Ivan Lewis , the government has been less than wholehearted in its support for extending the act's remit, fearing that it will scare off business with the prospect of more "red tape".
It is time for ministers to bite the bullet on this issue and bring forward legislation to ensure the courts have no option but to bring all private providers delivering public services under contract under the act. Older and disabled people in particular deserve no less.