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01 July 2010 / Nicholas Dobson
Issue: 7424 / Categories: Features , Local government , Public , Human rights , Community care
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Cutprice caring?

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Local authorities can’t afford to prioritise resources over the interests of those in care, says Nicholas Dobson

Given the inevitable severe cuts in public expenditure, what is to become of those placed in costly care homes at public expense? Will local authorities be able to move such residents to more cost-effective accommodation without falling foul of the European Convention on Human Rights (the Convention) and consequent obligations under the Human Rights Act 1998?

Some support to authorities faced with such difficult decisions was given recently by the European Court of Human Rights (ECtHR). This, however, was provided that authorities deal with such matters with care and context sensitivity to relevant Convention rights. The case in question was Watts v UK  [2010] ECHR 793 judgment in which was given on 4 May 2010.

Closure of care home

Ms Watts (the applicant) was born in 1903. Some five years ago when no longer able to take care of her needs in her own home, she moved to Underhill House. This is a residential establishment

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