ADASS: Submission To Joint Committee On Human Rights

Directors Of Adult social services have told MPs that greater attention needs to be paid to the human rights of older people in both health and social care settings. Older people themselves might often be unaware that infringements are taking place.

And when they are, “the way in which health and residential care providers respond older people and their families who seek to voice concerns about possible abuse, neglect, or discrimination can present a barrier. Complainants might face excessive delays, and defensive attitudes by the providers.”

According to a submission to the House of Commons Joint Committee on Human Rights the Association of Directors of Adult Social Services warns that older people might feel less confident in raising concerns about possible abuse, neglect or discrimination for fear of retribution. “Similarly their families may also be concerned that if they voice their concerns, their relative’s care could suffer.”

ADASS strongly emphasises the checks and balances that local authorities have put in place to protect people’s rights – measures which include safeguarding systems, complaints systems, and the existence of closely monitored contractual and monitoring arrangements.

But the Association also draws attention to the fact that elder abuse does not have the statutory framework that child abuse has, and that local authorities are therefore more limited in the ways they can legally intervene in some potentially abusive situations.

Inadequate training of care staff, too, can add to the failure of some care providers to guarantee the human rights of the older people to whom they owe a duty of care. In their report to MPs ADASS stresses that the training of key staff should be better targeted in order to raise awareness of signs and symptoms of ill health or psychological deteriorations in residential care.

The duty of ensuring that older people retain their dignity should never be compromised by factors such as, understaffing, inadequate staff training or lack of leadership, they stress. Failures here can result in:

• Residents being left soiled in bed sheets/chairs for long periods of time
• Neglect leading to bed sores
• Food being left for people who require help with feeding but where no assistance is given
• Calls for help being ignored
• Residents being publicly admonished (especially for something they had no control over)
• Residents being undressed/toileted in view of others
• Staff of the opposite sex performing intimate/personal care tasks against the express wishes of the older person
• The inappropriate/excessive use of restraint. Examples include locking doors and inappropriate use of medication to sedate residents

In order to combat breaches of individuals’ human rights, ADASS argues for information on the Human Rights Act to be made available to older people and their families, including members of the public, in accessible formats and that a statement of standards and principles should be handed to them on admission to either hospital or residential care.

They also urge that specific information should be made available on the range of possible outcomes to an investigation into a complaint, and that NHS Trusts and Local Authorities could consider appointing human rights `champions’ who would be responsible for the information formats (leaflets, posters, inclusion in Service User Guides) and how it is communicated to all stakeholders.

“The Department of Health could also look at the possibility of a public information campaign on human rights,” they say. In this way, ADASS believes, the overall high quality of care services and protection for adults found in England will be sustained.

According to Anne Williams, President of ADASS, “failure to observe older people’s human rights is unusual, and sometimes arises through a failure of training and awareness. Departments of adult care services, alongside partners in the appropriate inspectorates, must, however, be constantly vigilant in ensuring that the human rights of their older citizens are respected in all settings, and at all times.”