• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • About DNS
  • Subscribe to DNS
  • Advertise with DNS
  • Support DNS
  • Contact DNS

Disability News Service

the country's only news agency specialising in disability issues

  • Home
  • Independent Living
    • Arts, Culture and Sport
    • Crime
    • Education
    • Employment
    • Housing
    • Transport
  • Activism & Campaigning
  • Benefits & Poverty
  • Politics
  • Human Rights
You are here: Home / Activism and Campaigning / Disabled peer battles on over care home human rights protection

Disabled peer battles on over care home human rights protection

By John Pring on 24th January 2014 Category: Activism and Campaigning, Housing, Human Rights, News Archive

Listen

newslatestA disabled peer is refusing to concede defeat despite the coalition narrowly overturning his amendment to the care bill, which would have provided human rights protection for residents of private sector and charity-run homes.

Lord [Colin] Low secured the amendment after a Lords vote in October, but this week the government managed to have his new clause thrown out – by just 12 votes to 10 – after it was discussed during the bill’s committee stage in the Commons.

The crossbench peer said he was “disappointed” but not surprised by the government’s actions, but vowed to reintroduce the clause when the bill returned to the Lords, if Liberal Democrat MPs failed to rebel against the government in the Commons.

A loophole in human rights law previously meant that service-users in voluntary and private sector-run homes had no protection under the Human Rights Act (HRA), for example if they suffered abuse or neglect.

Although the Labour government tried to close the loophole, there remains a “grey area”, where those disabled and older people whose care was arranged through the National Assistance Act 1948 are probably protected under HRA, but those whose care was arranged under different legislation might not be.

Lord Low’s new clause stated that all organisations regulated by the care watchdog, the Care Quality Commission, were “exercising a public function” and therefore covered by the Human Rights Act.

This meant that his clause also provided HRA protection for the first time to “self-funders”, those eligible for care but who have to pay for it themselves because of means-testing.

But the Liberal Democrat care and support minister Norman Lamb said this week during the bill’s committee stage that the new clause would mean HRA applying to the relationship between a privately-funded care home resident and a privately-run care home, which would be an “unprecedented extension to its scope”.

He said: “The point I am making is that it would seem bizarre to apply those principles of the protection of the individual against the oppressive state to the relationship between the individual and a little care home in Lunesdale.”

But Paul Burstow, his Liberal Democrat colleague and predecessor as care and support minister, said the law as it stood was a “dog’s breakfast”, and left home care arranged and paid for by the state and some types of residential care arranged and paid for by the state not covered by HRA.

Liz Kendall, Labour’s shadow care and support minister, pointed to those backing Lord Low’s clause, including the Equality and Human Rights Commission, the Law Society, Liberty, Age UK, Mind, Scope and Disability Rights UK, as well as the former Conservative lord chancellor Lord Mackay, and Lord Hope, former deputy president of the Supreme Court.

Burstow abstained in the vote, which the government won by 12 votes (the 11 Conservative members of the committee and Lamb) to 10.

Lord Low told Disability News Service that the government was “labouring under a fundamental misapprehension about the legal position”, failing to realise that privately-provided services can still offer functions “of a public nature” and so be subject to the Human Rights Act.

Lord Low said that he and others backing his new clause were now “making contact” with Liberal Democrat MPs and seeking meetings with ministers.

He pledged to reinstate his clause when the bill returned to the Lords, and if that was not successful, to seek some form of compromise with the government.

23 January 2014

Share this post:

Share on X (Twitter)Share on FacebookShare on WhatsAppShare on RedditShare on LinkedIn
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Related

Disabled people receiving care were ‘ignored by design’ during the pandemic, Covid inquiry hears
3rd July 2025
Disabled activists warn Labour MPs who vote for cuts: ‘The gloves will be off’
3rd July 2025
This bill opens the door to scandal, abuse and injustice, disabled activists say after assisted dying bill vote
26th June 2025

Primary Sidebar

On the left of the image are multiple heads of different colours - white, aqua, red, light brown, and dark green - all grouped together, then the words ‘Campaign for Disability Justice. Sign up to support. #OpportunitySecurityRespect’
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Access

Latest Stories

‘Disastrous’ cuts bill that leaves legacy of distrust and distress ‘must be dropped’

Four disabled Labour MPs stand up to government over cuts to disability benefits

Silence from MP sister of Rachel Reeves over suicide linked to PIP flaws, just as government was seeking cuts

Disabled people receiving care were ‘ignored by design’ during the pandemic, Covid inquiry hears

Disabled activists warn Labour MPs who vote for cuts: ‘The gloves will be off’

GB News says it has nothing to apologise for, after guest suggests starving disabled benefit claimants

SEND inspections find services in just one in four areas usually lead to ‘positive’ outcomes for disabled children

Disabled MP who quit government over benefit cuts tells DNS: ‘The consequences will be devastating’

Disabled peers plan to ‘amend, amend, amend, amend, amend’ after assisted dying bill reaches Lords

Minister finally admits that working-age benefits spending is stable, despite months of ‘spiralling’ claims

Advice and Information

Readspeaker
A photograph shows an audience raising their hands in a BSL sign. The words say: 'BSL Conference 2025. The future starts with us. Leeds 17-18 July. Be part of shaping the future of Deaf cultures and identities. Get 10% off with BDA10'

Footer

The International Standard Serial Number for Disability News Service is: ISSN 2398-8924

  • Accessibility Statement
  • Privacy Policy
  • Site map
  • Bluesky
  • Facebook
  • Instagram
  • LinkedIn
  • Threads
  • Twitter

Copyright © 2025 Disability News Service

Site development by A Bright Clear Web