HC Deb 18 March 2002 vol 382 cc164-5W
Mr. Woodward

To ask the Secretary of State for Health what monitoring of compliance with the Human Rights Act 1998 in(a) residential care homes and (b) nursing homes his Department has undertaken in the last three years; and what resources have been made available for this. [38368]

Jacqui Smith

[holding answer 6 March 2002]: The Human Rights Act 1998 came into force on 2 October 2000. The Act did not create new rights, but enabled the European Convention on Human Rights to be enforced in United Kingdom courts. Best practice in residential and nursing home care should be fully compatible with the convention.

Until 31 March 2002, local councils and health authorities respectively are responsible for registering and inspecting residential care and nursing homes under the provisions of the Registered Homes Act 1984. The Social Services Inspectorate carries out performance monitoring of local council inspection units. Local Authority Circular LAC(2000)17 expects local councils to ensure that procedures and practices comply with the Human Rights Act.

From 1 April 2002, the National Care Standards Commission will be responsible for registration and inspection of residential care homes and nursing homes, under the Care Standards Act 2000, taking account of national minimum standards, which are fully compatible with the Human Rights Act.