Rights risk for self-funding residents

Self-funding care home residents are particularly vulnerable to abuse because they are unprotected by the Human Rights Act 1998, a charity has said.

The courts do not consider independent care homes as “public authorities” under the act, which means self-funders and people whose places are commissioned by councils are not protected.

But Relatives and Residents Association chief executive Gillian Daly told a parliamentary seminar that self-funders were particularly vulnerable. “We have seen a lot of cases in which [a lack of human rights protection] would be an issue.”

The seminar was sponsored by Liberal Democrat MP Paul Burstow, who this year introduced the Care of Older People and Incapacitated People (Human Rights) Bill to ensure all independent sector care homes are covered by the act.