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Gordon Lishman, Director General of Age Concern, said:

“This is a catastrophe for the 300,000 vulnerable older people who live in independent care homes. We are extremely disappointed by this House of Lords majority decision, which leaves so many frail residents without human rights protection from ill treatment and abuse. The law should require care homes to treat older people with dignity and respect.

“Behaviour currently lawful in independent care homes includes evicting residents for spurious reasons and washing or dressing them without respecting their dignity and privacy.

“The Government must take immediate steps to legislate in order to extend human rights protection to all people in independent care homes – which they have said was their original intention. 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.”

ENDS

Notes to editors

1. Age Concern England (the National Council on Ageing) intervened in the YL case, jointly with Help the Aged.
2. Reported instances of the treatment of older people that disregard their human rights: -
   • Death from hypothermia after being left by open window (Article 2)
   • An older women having her fingernails torn out (Article 3)
   • Residents being fed breakfast while seated on the toilet (Article 3)
   •  Making older residents wear incontinence pads, even though they are not incontinent (Articles 3 & 8)
   • Death of an older woman from dehydration (Article 2)
   • Care home residents not being given their weekly Personal Expenses Allowance by the manager of their care home (Protocol 1, Article 1)
   • Being forced to go into an institutional home because of unwillingness of the council (on the grounds of resources) to provide service in the person’s home (Article 8)

Sources: Age Concern 2002-2005: Help the Aged 2002-2005: Action on Elder Abuse 2004-2005: British Institute for Human Rights 2002

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