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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

House of Lords says care homes aren’t covered by Human Rights Act

Campaigners reacted with anger today to a ruling that residents of private care homes are not covered by human rights law.  Thedecision, which could affect up to 300,000 residents in the UK, came inthe case of an 83-year-old Alzheimer’s patient whose lawyers arguedthat her threatened eviction from a private home would violate herright to family life.  The House of Lords, by a 3-2 majority,rejected the argument the home was carrying out a public function bycaring for people referred by a council, and was therefore bound by theHuman Rights Act.  KateJopling, head of public affairs at Help the Aged, said today’s decisionwas “a sickening blow to older people and their families”.  “Thevast majority of vulnerable older people receive their care from theprivate or voluntary sectors. Today they remain without protection fromabuses of their most basic human rights,” she said.

More:  The Guardian Unlimited, http://society.guardian.co.uk/longtermcare/story/0,,2107275,00.html