Private care set for Human Rights Act review

The rights of people placed in private care by local authorities will be reviewed by the government following the case of YL vs Birmingham City Council, heard by House of Lords last month.

The likely outcome of the review is new legislation to entitle people referred to private care by local authorities to the protection of the Human Rights Act.

The June case ruled that the Act did not apply to private care providers but, despite this, those companies should not ignore the Act.

John Buckle, partner at Birmingham based law firm Shakespeare Putsman said: "Providers of private care homes must not rest on their laurels. The review of the rights of people referred to private care by the government is most likely to be followed by new legislation incorporating private care into the remit of the Human Rights Act. This would bring private care homes in line with public care homes that provide the same service.

"The industry is heavily regulated and the existing regulation is designed to protect the rights of residents of care homes. The government itself also supported the view put forward in the case of YL vs Birmingham City Council by the civil liberties group Liberty, Age Concern, Help the Aged and others, that the Act did apply.

"If the government does indeed introduce new legislation to cover those placed in private care homes this will introduce the possibility of Human Rights Act claims against care homes in future."