Creating a fairer Britain
Briefing on amendment to clarify that the Human Rights Act 1998 extends to publically-funded healthcare and home care services. February 2012.
This amendment is designed to ensure clarity on the application of the Human Rights Act to home care services commissioned from private and third sector organisations. It clarifies that providing these services is a 'public function' within the meaning of Section 6(3)(b) of the Human Rights Act, so bringing home care in line with residential care.
Similarly, the amendment would confirm that healthcare services commissioned from private and third sector organisations fall within the scope of the Human Rights Act.
The amendment would also give legal certainty to the extent of the public sector equality duty in its application to health and social care services, because the definition of 'public function' under the Human Rights Act also determines the definition of ‘public function’ under S150(5) Equality Act 2010 for the purposes of the public sector general equality duty.