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The House of Lords will have to decide whether elderly patients placed in private care homes by the Government should receive the same protection from human rights laws as they would in public facilities.
The result of a recent hearing involving an 84-year-old Alzheimer's sufferer could affect up to 300,000 people in private care. The woman, identified only as YL, has been threatened with eviction after her husband and daughter were accused of disturbing behaviour that included aggression towards staff.
An Official Solicitor (an officer that represents individuals who are unable to represent themselves) has been called upon to represent the woman who claims an eviction would violate her human rights.
Currently, under UK law, the provisions of the Human Rights Act apply to public bodies but not to private companies. The acting QC believes the Act should apply in this case because Birmingham City Council had funded YL's placement.
Elder law expert, Sue Normanton, from B P Collins solicitors comments "Human rights are purposely intended to protect the most basic rights of vulnerable individuals. To deny an elderly person their rights purely because their case has been contracted to a private company is at odds with this."
The Court of Appeal rejected similar arguments in January that a private care home is exercising a public function when looking after referred individuals, but the woman's appeal has received backing from a number of high-ranking officials, including the Lord Chancellor.
The home, run by Southern Cross Healthcare, will argue that private owners of care homes are not undertaking a public function. A final decision, however, could take months.
