The threatened eviction of an older woman with dementia from her private care home could be a breach of the Human Rights Act, law lords in the House of Lords will hear today.
The case is expected to set case law on whether residents in privately-run homes can get the same protection under human rights legislation as those in local authority-run homes.
Campaigners including Help the Aged have been lobbying for the “loophole” in human rights protection in care homes to be closed.
Jean Gould, legal officer at Help the Aged said the hearing in the Lords today was “unquestionably one of the most important cases” since the government placed the Human Rights Act onto the statute book in 1998.
She warned if the Lords failed to rule in favour of the case, a large number of older people would continue to be deprived of essential protection of their rights.
“Throughout this extended legal process, Help the Aged and other organisations have argued that all care home residents should be protected. Many older and vulnerable care home residents are exceptionally frail or have cognitive impairments, leaving them at risk of abuse and neglect,” she said.
Hint at legislation to close rights gap