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Gordon Lishman‚ Director General of Age Concern‚ said:

"Today's announcement marks a significant shift in the Government's thinking and provides welcome evidence of ministers' commitment to improving the social care system.

"Closing the loophole in the Human Rights Act will give long overdue protection to vulnerable older people and put an end to a 'two tier' system that arbitrarily distinguishes between people in public and private care homes. But today's announcement does not offer protection to those who fund their care‚ so we will continue to press the Government to offer the same rights to everyone‚ regardless of how they pay for their care.

"Introducing an independent complaints procedure for self-funders is another essential measure and will prevent private care homes evicting people who complain about their care."

ENDS

Notes to Editors

Age Concern backed an amendment to the Health and Social Care Bill which was put forward by Kelvin Hopkins MP that would close a loophole in the Human Rights Act. Closing this loophole would give vulnerable people in private sector care homes the same rights as those in publicly funded care homes.

The amendment to the Health and Social Care Bill to extend the Human Rights Act covers people who are funded by the state in private care homes but does not give the same rights to those who pay for their own care.

Laing and Buisson (the main market analysts) figures for the UK indicate 221‚000 care home residents have their place paid for by the Local Authority and a further 37‚000 are fully funded by the NHS. This leaves 115‚000 care home residents who are "self-funders" who are not protected by the Human Rights Act.

A case was brought by "YL" against the care home that evicted her‚ on the grounds that this breached her human rights. In June last year the Law Lords ruled against YL but were 3 to 2 in favour of saying the law needed to be changed before the loophole could be closed. 
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