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Elderly care home residents and the Human Rights Act

by sblight 9. January 2009 11:14

Up to now only residents in care homes provided by public bodies were covered by the Human Rights Act. Recently introduced government legislation has ensured that care home residents in privately run care homes (both private and not for profit) whose fees are funded by the State, or where the contract is arranged by the State, now have the protection of the Human Rights Act.

Prior to this state intervention a number of high profile court cases had found these circumstances to be exempt from the Act as the providers of accommodation were not''exercising a function of a public nature''.

The government introduced measures in the Health and Social Care Act 2008 to overturn the precedent set by these cases. The relevant provision (s.145) came into force on 1/12/08 

 

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