Human rights and older
people in home care: what
the EHRC Inquiry means for
the social care workforce
Gerry Zarb
Head of Human Rights in the
Public Sector
11th March 2011
BACKGROUND TO
THE INQUIRY
Topic for the Inquiry selected because:
1. It highlights the relevance of human rights
to public services and has real practical
significance for older people and families.
2.Nature of social care is changing rapidly
with an increasing number of care
transactions likely to take place at the
margins of, or even outside of, regulated
care.
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Terms of Reference
for the Inquiry
“To inquire into the extent to which the
human rights of older people who require
or receive home-based care and support,
however funded, are promoted and
protected by public authorities, working
singly or with others, and the adequacy of
the legal and regulatory framework within
which they are required and empowered to
do so”.
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Detailed ToRs
•
The extent to which public authorities are effective in protecting and
promoting the human rights of older people
•
Good practice in the promotion and protection of human rights of older
people in home based care
•
Public authorities’ understanding of their duties under the Human Rights Act
•
The extent to which the legal framework for human rights and community
care adequately protects and promotes the human rights of older people
•
The extent to which appropriate information, advice and advocacy is
provided to older people
•
The extent to which inspectorate and regulatory bodies, including
professional regulatory bodies, protect and promote human rights
•
The scope for enhancing the role of inspectorate and regulatory bodies,
including professional regulatory bodies, individually and collectively
•
The extent to which older people, including their families have confidence
that the system will promote and protect their human rights
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Aims
• Gathering evidence widely
• Specific focus on identifying and
understanding good practice
• Identifying workable solutions
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Approach
• Formal use of legal enforcement powers
• Non-adversarial and solution focussed
approach
• Engagement
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KEY ISSUES FOR
OLDER PEOPLE
• Much home based care is of a highly
personal and sensitive nature and
delivered ‘behind closed doors’.
• Most of the attention has been on human
rights in institutional settings.
• Evidence of potential risks to older people’s
human rights – more often due to lack of
awareness rather than deliberate neglect.
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KEY ISSUES FOR
PUBLIC BODIES
• Lack of clarity about HRA coverage (e.g.
for self-funders).
• Challenge for the regulatory system for
care and support to keep pace with the
rapidly changing nature of social care.
• Concerns about Public Bodies’ level of
understanding about their HRA obligations.
• Challenges for commissioning.
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Human Rights in homecare
Psychological and emotional well-being
 q
Protection from bullying and threats
 q
Protection from disrespectful treatment
 q
Respect for cultural heritage/religion
Autonomy and choice
 q
Respecting peoples right to live as independently as possible
 q
Respecting peoples right to determine the timetable of one’s day
 q
Respecting peoples right to be offered meaningful choices and time to decide
Respect for private life
 q
Guaranteeing modesty/dignity in delivery of personal care
 q
Respect for peoples wishes to be intimate with others
 q
Respect for peoples private correspondence
Social and civic participation
 q
Right to maintain relationships with family and friends
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KEY ISSUES FOR
HOMECARE PROVIDERS
• The LITTLE THINGS matter and make a BIG difference to the level
of risk to people’s human rights.
• Older people need to be given real CHOICE about how and when
care is delivered and by whom
• It’s good to talk – users and providers working together with mutual
respect really do produce good outcomes
• The working environment and organisation of homecare has a major
and very direct impact on promoting and protecting human rights
• Important to help people (users and staff) to feel comfortable in the
knowledge that it is okay to say if something is wrong and that this
helps to improve quality of care
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Timeline
• Launch - November 10th 2010
• Core evidence gathering
Nov 2010 – April 2011
• Good practice case studies
April – July 2011
• Findings and recommendations
Dec 2011
For further information, contact us at:
homecare@equalityhumanrights.com or visit our
Home Care Inquiry web pages at
www.humanrights.com/homecareinquiry
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