Equality and human rights in residential care in England during coronavirus

Summary by the Care England Policy Team. |

The report from The Equality and Human Rights Commission, published on 20 October 2020, looks to reflect on the impact Covid-19 has had on those who live in residential care whilst examining the potential risks to equality and human rights in the longer term.

The report from The Equality and Human Rights Commission, published on 20 October 2020, looks to reflect on the impact Covid-19 has had on those who live in residential care whilst examining the potential risks to equality and human rights in the longer term.

In light of the increasing transmission levels of Covid-19, it is important to examine how decisions were made during the initial wave of the pandemic and what more needs to be done to safeguard older and disabled people’s rights. The key recommendations from this report are intended to support decision-makers and providers to comply with their obligations and embed equality and human rights considerations in the ongoing response to the pandemic.

Some of the key recommendations include:

1. The UK Government should urgently undertake or commission a review into the experience in care homes during the pandemic.
2. To comply with their duties under the Equality Act, the UK Government, all relevant public bodies and those delivering publicly-funded services should demonstrate how they have considered, on an ongoing basis, the impact of their decisions on care home residents with different protected characteristics.
3. The UK Government should ensure care home residents have full and equal access to necessary healthcare, including GP services and hospital treatment, and that consultations are carried out face-to-face wherever possible.
4. The UK Government should continue to take urgent steps to ensure older and disabled people, and their representative organisations where appropriate, are involved in and consulted on decisions about access to healthcare and treatment.
5. The UK Government should ensure there is sufficient, reliable and timely testing capacity for residents, professionals and family members.
6. The UK Government should ensure measures are in place to guarantee sufficient personal protective equipment for care homes throughout the pandemic.
7. The UK Government should bring forward the ‘key worker’ pilot allowing essential visitors the same access to PPE and regular testing as is envisaged for care home staff, and extend the scheme as soon as possible.
8. The UK Government should amend guidance on visits to prohibit blanket restrictions, including in areas where local restrictions are in place.
9. The UK Government should assess whether restraint and restrictive interventions have increased during the pandemic, and work with providers, the NHS and CQC to identify what additional support is needed.
10. The CQC should ensure plans are in place for effective ongoing oversight for care homes throughout the pandemic.
11. The UK Government should take immediate steps to investigate and address the reasons for the drop in applications for deprivation of liberty safeguards.
12. The UK Government should incorporate the right to independent living in domestic law to protect the human rights of disabled people during and following the pandemic.
13. In line with the UN Convention on the Rights of Persons with Disabilities, the UK Government should provide sufficient funding to each local authority to ensure disabled people’s right to independent living is protected during and beyond the pandemic.
14. The UK Government should repeal the easements to the Care Act 2014 provided for in the Coronavirus Act, and increase oversight for changes to social care provision.

To read the full report, please click here