Human rights and older people in home care: what

the EHRC Inquiry means for the social care workforce

Gerry ZarbHead of Human Rights in

the Public Sector11th 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.

2

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”.

3

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

4

Aims

• Gathering evidence widely

• Specific focus on identifying and understanding good practice

• Identifying workable solutions

5

Approach

• Formal use of legal enforcement powers

• Non-adversarial and solution focussed approach

• Engagement

6

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.

7

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.

8

Human Rights in homecare

Psychological and emotional well-being

      Protection from bullying and threats

      Protection from disrespectful treatment

      Respect for cultural heritage/religion

Autonomy and choice

      Respecting peoples right to live as independently as possible

      Respecting peoples right to determine the timetable of one’s day

      Respecting peoples right to be offered meaningful choices and time to decide

Respect for private life

      Guaranteeing modesty/dignity in delivery of personal care

      Respect for peoples wishes to be intimate with others

      Respect for peoples private correspondence

Social and civic participation

      Right to maintain relationships with family and friends

      Right to participate in community events 9

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 10

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

 11