EHRC issues guide for councils on human rights and commissioning home care
The Equality and Human Rights Commission has issued new guidance in a bid to improve local authorities’ understanding of their human rights obligations when commissioning and procuring home care for older people.
The guidance, which can be downloaded here, covers:
- The purpose of the guidance: key messages;
- About human rights: human rights and the Human Rights Act; absolute rights and qualified rights; positive human rights obligations; the ‘public function’ test; and other human rights;
- Building a human rights culture: human rights standards in home care;
- Mainstreaming human rights into commissioning home care; consultation and involvement; assessing the needs of the area; documents used for commissioning home care; and contracts;
- More information about human rights and home care.
In November 2011 the EHRC published the findings of its formal inquiry into the human rights of older people in home care.
This found that local authorities had “a patchy understanding” of their duties under the Human Rights Act.
The inquiry also revealed cases of physical and financial abuse, the disregarding of privacy and dignity, a failure to support people’s eating, and the treatment of some people as if they were invisible.
The EHRC said in the report that very few local authority contracts for home cares specified that the provider must comply with the Act.
Mark Hammond, chief executive officer of the Equality and Human Rights Commission, said: “The Commission's Inquiry took evidence from people in local authorities involved in commissioning home care and many told us they would welcome practical written guidance on their obligations under the Human Rights Act.
“This guidance will help local authorities take a human rights based approach to commissioning care, which empowers service users and provides a set of common values for front line staff. If the guidance is fully respected, it will mean people can live in their own homes confident that they are safe from inhuman or degrading treatment, their autonomy and independence is maintained as far as possible and their dignity and privacy is protected."
In November 2012 the EHRC published a guide on home care and human rights for older people, their families and friends.