Committee launches inquiry into human rights in care settings

The House of Commons joint committee on human rights has launched an inquiry into protecting human rights in care settings.

Throughout the Covid-19 pandemic, the Joint Committee has reported on the detention of young people with disabilities or developmental disorders such as autism and have suggested actions to end blanket bans on visiting people in residential care homes, including a statutory right to an individualised risk assessment before any restrictions on visiting are imposed.

They have also expressed ongoing concerns regarding the application of Do Not Attempt Cardiopulmonary Resuscitation notices, poor use of treatment escalation plans, over-medication, and Deprivation of Liberty Safeguards intended to deprive of their liberty a resident or patient who lacks capacity to consent to their care and treatment in order to keep them safe from harm

The new inquiry will examine how the human rights of those accessing social care are currently undermined or put at risk, and what can be done to enhance legal protections. It will cover the broad range of social care services including support for older people and people with long-term medical or mental health disabilities.

The committee’s chair, former Labour deputy leader Harriet Harman MP said regarding the inquiry:

“Just because you are in residential care, it doesn’t mean that your family are no longer important. The right to family life is vital for people in residential care. People in care settings are some of the most vulnerable in society and it is vital that their right not to be subject to inhuman and degrading treatment is protected.

“Unprecedented restrictions on people’s rights have been necessary because of the threat of Covid. The Government have a duty to protect the right to life. But to comply with the obligations to respect human rights any restriction must only be imposed if it’s absolutely necessary and proportionate to the threat.”