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Care Homes

Volume 508: debated on Monday 29 March 2010

Mr. Stephen O'Brien: To ask the Secretary of State for Health whether he plans to bring forward legislation to ensure that care homes are treated as public authorities under the Human Rights Act 1998. (324998)

Care homes are already treated as public authorities under the Human Rights Act 1998, when providing publicly-arranged residential care to an individual.

Section 145 (Human Rights Act 1998: provision of certain social care to be a public function) of the Health and Social Care Act 2008 came into force on 1 December 2008 in England.

This means that, when providing publicly-arranged residential care, independent sector care homes are required not to act incompatibly with the European Convention on Human Rights. It also means that the person receiving such care can bring proceedings against the care home under the Human Rights Act, for a breach of their Convention rights.