Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, if he will introduce a human rights charter for care homes; and if he will make a statement.

There are no plans to introduce a human rights charter. Local authorities are public authorities and are subject to the Human Rights Act 1998 (HRA). They must take account of the HRA in their contracting arrangements, including those with care providers.

The HRA applies to the relationship between individuals and public authorities and is not intended to apply directly to purely private arrangements. However, section 73 of the Care Act 2014 is explicit that care providers which are regulated by the Care Quality Commission in England, or by equivalent bodies in the rest of the United Kingdom, are exercising a public function for the purposes of the HRA when providing care and support, arranged or funded in whole or in part by local authorities.

Those purchasing care privately have rights of legal challenge against a provider via their contract or through criminal or tort law.