20 Jun 2007

By a narrow majority (3:2), the House of Lords Appellate Committee has ruled against Human Rights Act protection of elderly people housed (at public expense) in privately run residential care homes. In the case of YL v Birmingham City Council and Others, the majority found against the appellant. The reasoning seems to have been largely that private care providers are motivated by profit and governed by contract rather than public service values.

Anna Fairclough (the lawyer who handled Liberty’s intervention in the case) said:

“It would seem that judges do not have the monopoly on enhancing human rights’ protection and Government does not have the monopoly on diminishing it. We are very disappointed by today’s majority decision.”

“It is open to Parliament to be the last Court of Human Rights and enact specific care home legislation to prevent local authorities from contracting out of dignity for Britain’s elderly.”

The Senior Lord of Appeal, Lord Bingham and Baroness Hale of Richmond gave two powerfully dissenting speeches. Lord Bingham said:

“Despite the contrary opinions of my noble and learned friends… I venture to think that the answer to the question is clear.” (para 2)

“That the British state has accepted a social welfare responsibility in this regard in the last resort can hardly be a matter of debate.” (para 15)

“When the 1998 Act was passed, it was well known that a number of functions formerly carried out by public authorities were now carried out by private bodies.” (para 20)

Lady Hale said:

“..there is a close connection between this service and the core values underlying the Convention rights and the undoubted risk that rights will be violated unless steps are taken to protect them.” (para 71)

Contact: Jen Corlew on 0207 378 3656 or 0797 3 831 128

Notes to Editors

1. The legal challenge, brought on behalf of an 83-year-old Alzheimer’s sufferer who was asked to leave her care home because of her husband and daughter’s allegedly disruptive behaviour, seeks specifically to protect the human rights of elderly people placed by the government in private care homes.

2. A legal intervention in the case brought by Liberty, Justice and the British Institute of Human Rights argues that private companies must be subject to the Human Rights Act if they have been contracted by the Government to undertake a public function on its behalf. Other interveners in the case include the Department for Constitutional Affairs, the Disability Rights Commission, and Help the Aged together with Age Concern. A copy of Liberty’s intervention is available to download at the link on the right or contact Jen Corlew on 0207 378 3656 or 0797 3 831 128.

3. The Joint Committee on Human Rights published “The Meaning of Public Authority under the Human Rights Act” on 28 March 2007.