HUMAN RIGHTS ACT (HRA) 1998
CONSIDERATION OF IMPACT ON POLICY AND SERVICES
Name of department:
Title of policy* being assessed:
Name and role of the officers
completing this assessment:
Contact telephone number(s):
Date assessment completed:
Adults & Communities
Core Contract for Residential
Accommodation, Social Care and
Health Care Services
Annette Forbes
Compliance Manager Regulated
Services
0116 3057031
31.7.13
* NB ‘Policy and Services’ is taken as shorthand for policy, programme, project, strategy,
practice or service.
Please provide a brief description of the policy being reviewed:
This contract is used to procure residential and nursing care provision for people who are
normally resident in Leicestershire. The contract is issued to providers who are registered
with the Care Quality Commission to provide these services.
The contract requires providers to be compliant with the Health & Social Care Act 2008
and the Regulated Activities Regulations 2010 which are monitored by the industry
regulator the Care Quality Commission.
In addition the contract was developed to reflect the seven outcomes of the White Paper –
Our Health, Our Care our Say.
Please also clarify whom this policy most directly affects, as that may not always be
clear from the title of the policy (and bear in mind that a policy also may have a
disproportionate impact on a particular social group because that group has needs which are
distinct from the general population)
The contract refers to the quality of residential care provision for any eligible adults
(18+) across Leicestershire who have been assessed as eligible for support from LCC
for residential and / or nursing care, and who are ordinarily resident in
Leicestershire.
This includes:
 adults who have mental health problems,
 adults who have learning disabilities (including people with autism or Asperger’s
syndrome),
 adults who have physical disabilities,
 adults who have acquired brain injury,
 adults who have sensory impairments,
 older people, including those with organic mental health problems,
 people with profound and multiple disabilities
When assessing the human rights impact of a policy it is important to look not only at what
the intention of the policy is, but also its outcomes (or likely outcomes) – both direct and
indirect. Using the HRA Guidance Document of 1st May 2013, indicate with a tick in the
table below whether or not any of the following Articles apply to the above-named policy.
(Some Articles may not be relevant, and you may also find it helpful referring back to the
guidance notes on Article 14).
Part 1: The Convention – Rights and Freedoms
APPLIES
Article 2: Right to life
Article 3: Prohibition of torture, inhuman or degrading treatment
Article 4: Prohibition of slavery/forced labour
Article 5: Right to liberty and security of person
Article 6: Right to a fair trial (applies to criminal and civil issues)
Article 7: No punishment without law
Article 8: Right to respect for private and family life
Article 9: Freedom of thought, conscience and religion
Article 10: Freedom of expression
Article 11: Freedom of assembly and association
Article 12: Right to marry
Article 14: Prohibition of discrimination (linked to convention rights)
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Part 2: The First Protocol
APPLIES
Article 1: Protection of property/peaceful enjoyment
Article 2: Right to education and out-of-school children
Article 3: Right to free elections
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N/A
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N/A
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Please state whether there are any current references in the policy (providing the text or a
brief summary) and to which Article(s) the references apply:
Article(s)
Current HRA references contained in relevant documents
14.3.2 the Service Provider ensures that it is aware of the provisions of
the Human Rights Act 1998 and takes all reasonable
steps and precautions to ensure that it does not infringe
the human rights of any person in the delivery of the
Services.
6.2
All Care Home Services provided in accordance with this
Specification shall be appropriate to the assessed needs of the
Service User as detailed in the Support Plan, which shall support
the Service User’s specified outcomes. This should allow the
Service User to be empowered with choice and allow the Service
Provider flexibility to deliver care more efficiently and effectively.
Consideration will be given to their gender, disability, sexual
orientation, religion and belief, racial origin and cultural and
linguistic background. Service Users should not have any of
their fundamental human rights infringed. It is recognised that
these needs may change and therefore a Service User's needs
will be subject to review at least annually.
7.22 The Service Provider will ensure that Staff provide the Services
in a manner which is consistent with the Equalities Act 2010 and
the Council's policies covering Equal Opportunities, Race
Relations, Human Rights, Disability Discrimination and
Vulnerable Adults – copies of the Council’s relevant policies can
be provided on request.
Please state why you consider that any particular Article does or may apply to the abovenamed policy:
Article(s)
Reasons for applicability
2
The contract relates to the provision of residential and nursing care for
residents of Leicestershire who have been assessed using the eligibility criteria
as being in need of this level of support.
Residential and nursing care support is provided where it has been established
through a comprehensive needs assessment that this level of support is
required to protect the health safety and wellbeing of an individual. This may
directly relate to concerns relating to mental capacity and the persons ability to
make informed decisions to protect their own safety and to support their
personal care needs.
The contract also makes direct reference to the No Secrets Policy and the
local multi agency Safeguarding Adults Policy & Procedures which providers
are obliged to adhere to. LCC has a dedicated Safeguarding Adults team to
investigate concerns relating to residents in residential and nursing care in
Leicestershire.
3
Both the Contract and the service specification state that the provider is
required to ensure that no actions or omissions on their part result in inhuman
or degrading treatment. This is also explicitly referred to in the Safeguarding
Adults policy & procedures.
In addition the provider is required to operate within the legislatory framework
of the Mental Capacity Act and the associated Deprivation of Liberty
Safeguards.
4
The provision of residential and nursing care is by its definition a service that
operates 24 hours each day 365 days per year. Staff should be recruited and
supported in their employment to ensure that the pattern of their working and
the way in which they are recompensed for their employment is in line with
legal requirements.
5
The contract can be used to commission residential and nursing care services
where people are detained against their will, in line with the provision of the
Mental Capacity Act and the Mental Health Act. The provider is required to
ensure that the DoL safeguards are correctly implemented and to participate in
the review of care and treatment decisions for individuals.
8
The contract makes explicit reference to the requirement that providers ensure
that any individual is supported to maintain and develop relationships both with
families and the wider community. There is also a requirement that people will
be enabled to access private space within the establishment as and when
required, and that their room is recognised as their own private space and they
will be protected from unwarranted intrusions.
9
The contract requires that providers ;
Routines of daily living and activities made available by the Service Provider
should give Service Users an opportunity to exercise choice in relation to:
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Leisure, cultural and social activities;
Food, meals and mealtimes;
Personal and social relationships;
Religious observance.
10
12
Part 2
Article 1
The Contract requires that providers operate an effective whistle blowing policy
and that all practices, policies and procedures adhere to the requirements for
equality, diversity and anti discriminatory practice.
The Contract requires that providers enable residents to maintain relationships
that are important to them, which can be interpreted that no barriers should be
imposed that would infringe a resident’s rights under this article.
Although the implications of this Article are relevant to the Contract aside from
the implications of removing someone from their home and using the Mental
Health Act or the Mental Capacity Act no
What text/guidance/information might you be able to add to the policy to begin to address
Human Rights Act implications?
Article(s)
Possible additional text/guidance/information
Part 2
Although the implications of this Article are relevant to the Contract this is not
Article 3
mentioned explicitly, neither is there any requirement for providers to ensure
that residents are enabled to vote if this is their wish.
Part 2
Future revisions should include direct reference to the need for people to be
Article 1
given the opportunity to personalise their rooms
Please set out what else you consider needs to be done to address Human Rights Act
implications for the policy: