What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
The Equality and Human Rights Commission is to examine the legal obligations of local authorities, care providers, the Care Quality Commission and central government as part of a major inquiry into the human rights of older people who need or receive home-based care.
The EHRC said that 81% of publicly funded home care is now provided by the independent sector, up from just 2% in 1992. It is estimated that more than a million older people currently receive such care.
The watchdog claimed that most independent providers are likely to be operating outside the direct reach of the Human Rights Act because they are not considered to be performing a “public function”.
Older people who receive home-based care are “acutely vulnerable to human rights violations”, the EHRC added, “yet the duties and responsibilities of those providing commissioning, funding or regulating the care and support system are far from clear.”
Sally Greengross, Commissioner at the EHRC, said: “Against a backdrop of budget cuts and public sector reform, local authorities are playing an ever-decreasing role as direct providers or funders of care and support, with the majority of older people receiving care from private and voluntary sector organisations or individuals.
“The complex web of provision has left older people and their families unclear whether and how their human rights will be protected. Equally, we believe those providing, commissioning or regulating care are unclear of their legal responsibilities and how to discharge them.”
The EHRC warned that, with older people and their families increasingly having to fund their care, there was a risk of care “being provided at the margins of, or even outside of, current regulations and beyond the reach of human rights obligations”.
The terms of reference for the inquiry include identifying:
The EHRC said its recommendations would be used to inform the practices of local authorities, regulators and providers of home based care, as well as the Commission's own work. The watchdog is also keen to influence the Independent Commission on social care reform and the independent Commission on a Bill of Rights.
The Inquiry will publish its findings and recommendations in December 2011.