The Joint Committee on Human Rights has published its report into Human Rights in care settings in England following an inquiry it launched in September 2021. It found that care users need stronger human rights protections, with gaps in how vulnerable people are protected in care settings. It has called for the Government to work with the CQC to ensure there is “stringent oversight” of how care providers implement safeguards to protect the human rights of care users.
Concerns that safeguards are not applied correctly
The Joint Committee found that Do Not Attempt Cardiopulmonary Resuscitation notices and Deprivation of Liberty Safeguards are often not applied correctly, with treatment wrongfully withheld or care user’s liberty infringed.
On DNACPR notices, they restate that theses notices relate solely to cardiopulmonary resuscitation and should not be applied in a blanket fashion to groups of individuals, nor be confused with decisions about other treatment. Again they remind readers that care users and their families should be involved in the DNACPR notices, with comprehensive record keeping, monitoring and review at an organisational level to ensure best practice is being followed.
Levelling the playing field on human rights
The report calls on the Government to consult on whether the protections of the Human Rights Act should be extended to those receiving care and support from all regulated providers –not limited to those were care is publicly funded or arranged.
And finally, recommendations are made on the issue of securing visitation rights for care users, with a call for the Government to establish a legal right for care users to nominate individuals for visiting rights.
Lots to digest!