Presentation on theme: "Commissioning for human rights in home care for older people"— Presentation transcript:
1 Commissioning for human rights in home care for older people Main presentation forelected members in England – training resource 2
2 Aim of the presentation To provide an introduction to the Human Rights Act 1998 for elected members in England with particular relevance to the commissioning and provision of home care services for older people.Outcomes:An improved understanding of obligations under the Human Rights Act and how they relate to provision of home care for older people.An opportunity to consider human rights obligations in relation to policy and decision making, scrutiny and community leadership.
3 Learning agreement Confidentiality, but… Respect No such thing as a ‘silly’ questionTimekeepingResponsibility for own learningTaking action!Anything else?
4 The Human Rights Act – 750 years in the making! 1215: Magna Carta1689: Bill of Rights1948: Universal Declaration of Human Rights1950: The European Convention on Human Rights – containing the ‘Convention rights’1998: The Human Rights Act – which brought Convention rights into UK law
5 Myths and minefieldsMyth: The Human Rights Act only protects the rights of minority groups, illegal immigrants and criminals. Fact: The HRA protects everyone in the UK equally, from birth and regardless of their citizenship or immigration status.Myth: The Human Rights Act is imposed from Europe and undermines the British way of life, including the right to make our own decisions. Fact: The HRA was introduced by the UK Parliament. It incorporates the European Convention of Human Rights which the UK played a major role in negotiating and drafting.
6 Myths and minefields cont’d Myth: We have plenty of other laws to protect older people so the Human Rights Act isn’t needed. Fact: The HRA is more than just a legal framework that gives people arguments to use in court. It was designed to promote a culture of human rights, so public services routinely consider human rights when they design and deliver services. Older people who depend on home care services may be exposed to particular risk of human rights breaches.
7 What are our Convention rights? Article 2: Right to lifeArticle 3: Prohibition of torture, inhuman and degrading treatmentArticle 4: Prohibition of slavery and forced labourArticle 5: Right to liberty and securityArticle 6: Right to a fair trial
8 Article 7: No punishment without law Article 8: Right to respect for private and family lifeArticle 9: Freedom of thought, conscience and religionArticle 10: Freedom of expressionArticle 11: Freedom of assembly and association
9 Article 12: The right to marry and found a family Article 14: Prohibition of discrimination – in relation to other human rightsArticle 1 of Protocol 1: Right to peaceful enjoyment of possessionsArticle 2 of Protocol 1: Right to educationArticle 1 of Protocol 13: Abolition of the death penalty
10 Absolute, Limited or Qualified? absolute rights can never be limited or restricted, whatever the circumstances – even in a state of war or emergencylimited rights can be limited in specific and finite circumstances. These circumstances are set out in full in the Human Rights Actqualified rights can be restricted under more general circumstances – they can be balanced against the rights of others or the interests of the wider community
11 Duties of public authorities under the HRA All those who work in public authorities, whether devising policy or procedures or delivering services directly to the public, must act in a way that’s compatible with Convention rights.
12 Positive human rights obligations – actively promoting and protecting human rights Public authorities must act to:deter conduct that would breach human rightsprevent human rights breaches – including protecting individuals from the actions of othersrespond to human rights breaches, which may include carrying out an investigation.
13 HRA 1998 and Equality Act 2010HRA – domestic expression of the European Convention on Human Rights. Also public authorities have positive obligations to promote and protect human rights.Equality Act – protects everyone from discrimination because of nine Protected Characteristics. Public bodies must comply with the Public Sector Equality Duty.
14 World of social care Local Authorities have a duty to assess: if someone appears to the local authority to be in need of a community care service or if someone is disabled – NHS and Community Care Act 1990if someone helps to care for someone else – Carers (Equal Opportunities) Act 2004.
15 What is community care?Defined in section 46 of the NHS and Community Care Act 1990 (by reference to other legislation).It includes:assistance in the home – home help/care or a personal assistantprovision of aids and equipment to help with daily living tasks and for home safetyservices to meet psychological, social and cultural needs.
16 Older people and home care Around 20 per cent of older people living at home receive domiciliary care services.In about 453,000 older people received home care through their local authority.People aged 85 and over are the fastest growing group – numbers have doubled since 1985.Equality and Human Rights Commission, 2011
17 Examples‘Most of the girls were nasty... they’d push me back into the chair, that kind of thing’Woman, 78, lives alone with local authority and self- funded care‘For several weeks Mum was not bathed or had her hair washed’Daughter of woman in her 80s receiving home care
18 Examples‘Some staff talk down to/shout at my mother… She is an intelligent woman and isn’t hard of hearing’Daughter of older woman part-funded by local authority‘There is a constant parade of new staff passing through the house. Trainees turn up unannounced and the agency fails to contact us beforehand to ask permission’Man, aged over 65, self-funded care
19 Further examples Not being given support to eat or drink ‘Rough’ handling or unnecessary physical forceAgeist or patronising attitudes and commentsIndividuals viewed as ‘tasks’Chatting on mobile phones whilst delivering careTheft of money and possessionsNo control over when visits take placeLack of respect for sexual orientation and transgendered individualsImpact of poorly delivered home care on family life
20 Positive experiences‘Both my parents have been enabled to stay independent as long as they can due to the adult social care they have been provided with … [They] are able to enjoy a dignified life, in their communities, at little cost to the state, and remain in control and as independent as they can be.’ Daughter whose parents receive home care, Midlands ‘The Council home care service is ultrareliable, even in bad weather, and they are always cheerful… I have tremendous respect for the work they do.’ Husband of older woman, North of England
21 Actively promoting human rights Leadership and follow throughEncourage sharing of experiencesInvolve all stakeholders in the commissioning processProvide accessible information for services users and carersMake particular and individual needs matter
22 Embedding human rights into home care commissioning Specifications –Planning, delivery and workforceMarket development and sustainabilityStrategic Corporate visionScrutinyListening to peopleEmbedding human rights into home care commissioningLegislative obligations embeddedRisk and SafeguardingPersonalisation /expectationsBudgetContract Monitoring and QualityPolitical implications
24 Aim of the sessionTo provide an introduction to the Human Rights Act (1998) for Elected Members with particular relevance to the commissioning and provision of home care services for older people.Outcomes:An improved understanding of obligations under the Human Rights Act and how they relate to provision of home care for older people.An opportunity to consider human rights obligations in relation to policy and decision making, scrutiny and community leadership.