Lords To Rule On Care Home Eviction
A company trying to evict an 83-year-old Alzheimer’s sufferer from a private care home it runs is facing a legal battle in a historic case that could affect hundreds of thousands of vulnerable people.
{mosimage}The patient, who is female and known as YL, is taking Southern Cross Health Care to the House of Lords today on the grounds that the eviction would breach her human rights. Southern Cross is arguing that it is not undertaking a public function. Doctors say that evicting her would lead to a 25% chance that she may die within 6 to 8 weeks. If she wins, it could provide protection to 300,000 care home residents potentially at the mercy of private firms who run 91% of care homes in England and Wales.
Her action is being backed by Lord Falconer, the secretary for constitutional affairs, and by disability and human rights campaigners. Due to a legal loophole, the Human Rights Act offers no protection to elderly people in private care homes who may be at risk of eviction, abuse or neglect.
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