Residents fights on against transfer

Three care home residents who were refused permission to appeal against a High Court decision allowing a local authority to transfer homes to the independent sector will appeal again next month.

The claimants launched their initial challenge against Havering Council’s decision to transfer two homes, Elmhurst Lodge and Winifred Whittingham House, in October 2005, arguing it would affect residents’ human rights. That appeal was turned down. 

Havering Council deputy leader Steven Kelly said the human rights of residents would not be affected by the transfer of the homes.

But head of Action on Elder Abuse Gary FitzGerald said older people were more likely to live in independent homes than public
provision and had fewer rights because the Human Rights Act 1998 only applied to “public authorities”.


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