For those who want to know About Me.

[DianeB]

Thats disgraceful!!!!!

I am in total shock now

 

[DianeB]

Thank you for the link xxxx


Its seems reading from both links that [Edited name] health care is mentioned.
I can't believe what I have read, but know its' true.

 

[Vonny]

Thank you for the link, [edited name]owns the CH we'd been considering for mum if it's necessary for her to have full-time care. I know all CH's within that group will be different but I imagine policy at that level would be a group directive.

Vonny xx

 

[jenniferpa]

Unfortunately, this ruling proved that it doesn't matter who you're funded by: if it's a private home then human rights legislation doesn't count. There was a period of time there where it appeared that if you were funded by your LA even if you were placed in a private home, then it was as if you were in an LA owned home. Sadly that court case referenced above put paid to that idea.

I'm always a bit wary of human rights legislation though - I'm not sure that at least some of it isn't bad law, in that it's covered by other laws (most noticeably criminal law). And when there's bad law there's loop holes. However logic (not that that has anything to do with it) says that if you're human you have human rights, and the law should reflect that.

 

[DianeB]

Well from where I stand its like if I buy an iron from a shop I have more rights than if I was paying over £600 a week for care for my loved one .... I'm sat here completely shocked, thank goodness Mums home was a good one, but that does not make the overrall situation right by any means, by my standards it feels like we were lucky.

 

[DianeB]

if you're human you have human rights, and the law should reflect that.

exactly i totally aggree

 

[Margarita]

It says in that link

That the privet sector Health care provider where delighted by the ruling.

I bet they where !

They take all your money can get away with abusing Some elderly people & can't even been taken to the courts of humans rights about it when the abuse is found out , until they money runs dry then they care is taken over by the local authority .

Its a human outcry of disgrace to the people that fund they own care.

 

[JPG1]

Elderly care home residents and the Human Rights Act

Another link:

http://blog.housingcare.org/post/20...-home-residents-and-the-Human-Rights-Act.aspx

Dated 9th January 2009

.

 

[jenniferpa]

Maggie - you do understand that being funded by the LA is no protection? It used be thought that it was but this ruling put paid to that. The only place where you can be sure that this (HR legislation) would apply would be in a LA owned and run home, and there aren't many of those.

 

[TinaT]

Oh Marianne,

I can feel your anger from here, it is burning me with its intensity! You have taken some quotes from my post and then interpreted them into your own words - that's not fair to me. My words speak for themselves.

My post was to try to help you to come to terms with your anger and direct it in the most productive way, not at the mods who are trying their best to maintain what I consider the most supportive and helpful site I have ever come across dealing with real issues in a sensitive and caring way.


My way to vent my outrage at any injustice or bad practice I see is to get myself elected onto as many local involvement forums as I can, where my voice can have effect.

For example I am a Governor of a large Mental Health Trust where I am not much liked because I argue and fight for what I know is right. OK I am a flea on the back of an elephant, but fleas can irritate to the point where the elephant just has to try to shake them off!

I am a member of a Patient's Council, set up 10 years ago to fight for mental health service users. I am the first person to be elected who is not a service user but a carer. Believe me I fight hard to get the message of dementia over to people who have only been concerned with acute mental health wards until I came along!

I have just been elected onto the board of my local LINKs organisation which has statutory powers to investigate health and social care issues and demand answers. This body also has the power to enter premises. I would recommend EVERYONE to join as amember of their local LINKs. Their voice will be heard and acted on!

I do not tell all this and have not put all this energy and effort into such areas, for self aggrandisement. I feel just as passionately as you do. I come onto Talking Point to give and receive support. God knows we all need it if we are carers. I save my soap box for the areas where they are most appropriate.

xxTinaT

 

[jenniferpa]

Forgive me if I sound cynical but property has always had more rights attached to it than people. Sorry my marxist side coming out there and we try to be apolitical.

 

[Margarita]

Maggie - you do understand that being funded by the LA is no protection?

Just found this Jeniffer

http://www.justice.org.uk/images/pdfs/Human Rights Loophole Government amendment briefing.pdf



Who will now receive protection and who is still left out?
At present, everyone who lives in a local authority care home is protected by the Human Rights Act – including
those who pay the local authority for the full cost of their care. If the Government’s amendment is accepted by
the Committee then the following groups of care home residents would be deemed to be within the scope of
the Human Rights Act:
People whose care is arranged by a local authority including:
- Everyone who lives in an independent (charitable or private) care home where the local authority
pays for all or part of their care;
- People who fund their own care but lack mental capacity so the local authority contracts with the
care provider on their behalf;
- People who fund their own care but have made an agreement with the local authority to defer the
payments until after their death, on which basis the local authority contracts with the care provider
on their

 

[jenniferpa]

Obviously my post above was directed towards Diane not Tina

 

[DianeB]

Well I for one am shocked as I didn't know this info before. It makes my blood boil to think of all the eldery that have fought to keep the freedom of this country ...that we now enjoy (don't want really to get into politics here) are being pushed yet again to oneside not even to have protection of the human rights act when the poor souls have saved up all their lives and paying for their own care not to be protected!!!!!!!!!!!!!!!! ARGHHHHHHHHHHHH

 

[jenniferpa]

Maggie - that's a parlimentary briefing, a request if you like to change the law to deal with the case mentioned above and those like them. It isn't unfortunately the law.

"Who will now receive protection and who is still left out?
At present, everyone who lives in a local authority care home is protected by the Human Rights Act – including those who pay the local authority for the full cost of their care. If the Government’s amendment is accepted by the Committee then the following groups of care home residents would be deemed to be within the scope of the Human Rights Act:"

I may be wrong, but I do not believe the actual law was ever changed. The government's ammendment was not accepted, I don't think.

 

[TinaT]

I posted to Marianne and then saw that the thread has now moved on to another topic. One in which we all care so very deeply and one which I think we must all write a letter to our MP's about. Talking Point is an excellent forum for 'rallying the troups' Now troups - forward and through, lets give our MP's some stick until they do change the fact that our most vulnerable have less legal rights when in a care home than a dog has when put into in private kennels by its owner.

xxTinaT

 

[Vonny]

It makes my blood boil to think of all the eldery that have fought to keep the freedom of this country ...that we now enjoy (don't want really to get into politics here) are being pushed yet again to oneside not even to have protection of the human rights act when the poor souls have saved up all their lives and paying for their own care not to be protected!!!!!!!!!!!!!!!! ARGHHHHHHHHHHHH

And so say all of us

Vonny xxx

 

[Bob S]

I wish all the loved ones seeking justice good luck, Mum was full of quotes, one being .... if at first you don't succeed try try again

Thank you for the good wishes Dianne You are right, the only way to get justice is to be determined and keep on trying.

 

[JPG1]

Care homes subject to the Human Rights Act

Another link, in addition to the link I posted earlier:

This one is extremely interesting - especially some of the articles on the r.h. side:

http://www.ridout-law.com/?p=56

Ok, it's a solicitor's website, but the important thing is the information contained therein. Very useful indeed.

.

 

[Margarita]

I may be wrong, but I do not believe the actual law was ever changed. The government's ammendment was not accepted, I don't think.

From the Link that JPG1 left look at the date .

Elderly care home residents and the Human Rights Act
by sblight 9. January 2009 11:14

Up to now only residents in care homes provided by public bodies were covered by the Human Rights Act. Recently introduced government legislation has ensured that care home residents in privately run care homes (both private and not for profit) whose fees are funded by the State, or where the contract is arranged by the State, now have the protection of the Human Rights Act.

Prior to this state intervention a number of high profile court cases had found these circumstances to be exempt from the Act as the providers of accommodation were not''exercising a function of a public nature''.

The government introduced measures in the Health and Social Care Act 2008 to overturn the precedent set by these cases. The relevant provision (s.145) came into force on 1/12/08

Well I for one am shocked as I didn't know this info before.

I have know this for years, it make me angry also.

What Can I do?

I have read that the Alzheimer Society is behind it for making changes to the Law .