The Scottish Human Rights Commission notes that Southern Cross Healthcare is to cease to operate its care homes across the UK, including around 98 homes in Scotland. The Commission welcomes the commitment of the Deputy First Minister that plans are in place to ensure that there will be appropriate quality of on going care for all its residents.

It is of course paramount that the human rights of care home residents are protected in the contingency arrangements and throughout any proposed transition of homes to landlords and new operators. Local authorities and both the Scottish and UK Governments have positive obligations to protect the human rights of residents regardless of the funding or institutional arrangements in place for the provision of care.

A number of factors must be considered to ensure that residents’ rights are respected and that any disruption to the continuity of care delivery is the minimum necessary. Case law from both the domestic courts and the European Court of Human Rights is clear that resident’s right to a private, home and family life in particular may be at stake in situations where there are significant changes to care delivery potentially causing disruption to the lives of residents. The potential for detrimental impacts on the physical and psychological well being of vulnerable elderly residents, particularly those with dementia, must be carefully considered and mitigated against. The Commission would expect that residents, their families, carers, staff and other interest groups participate in decision making about the future of the care services involved. Steps must also be taken to ensure that the important personal relationships between residents and between residents and staff are maintained as far as possible.

Finally, where there are to be changes to the delivery of care it is important that individual assessments are carried out to ensure the rights of each resident are considered. In this way the careful planning of any transitional arrangements, as well as the implementation of specific measures in particular cases, will mitigate against any detrimental impact on any residents life or health. The Commission hopes that the human rights of all will be at the forefront of decision making about the future operation of the former Southern Cross Healthcare homes and offers its support to ensure the rights of residents are considered in this process.