A series of alleged breaches of the dignity and rights of nursing home residents have recently received media coverage in both Ireland and the UK. In Ireland, the HSE took over the Rostrevor nursing home after the Health Information and Quality Authority obtained a District Court order to effectively shut down the facility. In the UK, an investigation by the BBC's Panorama show exposed abuse of adults with learning disabilities in a private hospital that potentially breaches the European Convention on Human Rights (Convention). These cases provide examples of some of the practical difficulties of using the law to protect the rights and dignity of vulnerable care home residents, and to protect whistleblower care home staff.
UK Human Rights Blog reviewed the Panorama investigation footage and concluded that the actions of the hospital authorities could be subject to judicial review proceedings under UK's Human Rights Act 1998. However, the narrow definition of a "public authority" under the legislation means that residents in other types of care facilities run by private contractors (instead of public bodies) may not be able to bring judicial review proceedings to assert their Convention rights. UK Human Rights Blog also identified that vulnerable care home residents face real obstacles to asserting their rights using existing law and legal procedures. It notes that the law and other tools may need to be adapted to ensure the rights of people who will have especial difficulty giving evidence in criminal cases, or instructing a solicitor to bring a civil claim, are upheld.
In Ireland, the charity Age Concern has called for greater protection by statutory bodies of whistleblower staff, like those from Rostrevor, who report abuse in care homes. Age Action spokesman Eamon Timmins said staff should be encouraged as part of their training to report sub-standard care, and be protected by statutory authorities when they do so. He added that "If vulnerable residents in nursing homes are to be adequately protected then those who care for them must be empowered to highlight when sub-standard care is being delivered, and they must be protected from any comeback from employers or colleagues".
On a related note, this month will see the launch of a new organisation dedicated to legal issues concerning elderly and vulnerable adults - Solicitors for the Elderly (SFE). SFE is an independent, national organisation of solicitors and barristers, who are committed to providing the highest quality of legal advice for older and vulnerable people, their families and carers. The organisation will be launched on 23 June 2011 at Dr Steeven's Hospital, Dublin 8.
Click here to read an opinion piece in The Guardian newspaper that discusses protection of service users' ECHR rights in light of the current UK government's support for wider privatisation of public services (under the "Big Society" policy).