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Age Concern comment on the failure to close the Human Rights Act loophole for private care homes in the Health & Social Care Bill

“Despite saying that it was never its intention for the loophole to exist, the Government has yet again passed over an opportunity to close it. The Government must use this chance to get it right in this Bill and not to wait until its proposed Bill of Rights.

“It is crucial to end the 'two tier' system that leaves some of the most vulnerable people in society without any real protection for their human rights. The fate of many thousands of vulnerable people lies in the balance.“

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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.

A case was brought by “YL” against the care home that evicted her, on the grounds that this breached her human rights. 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.