Breaches of rights in social care cuts: Commission
Many people who use social care support at home have experienced either a reduction or complete withdrawal of support during the coronavirus pandemic, to the detriment of their rights, according to research published today by the Scottish Human Rights Commission.
The report details how the removal of care plans during COVID-19 has had a direct and adverse effect on people’s rights, including potential breaches of rights set out in the European Convention on Human Rights and the United Nations Convention on the Rights of Persons with Disabilities. Rights affected include people’s rights to physical and psychological integrity, private and family life, and to independent living in the community.
Cases brought to the Commission's notice include people being left without essential care, such as assistance to get up and go to bed – leaving people forced to sleep in their wheelchairs, and assistance to wash and use the toilet, to eat and drink, and to take medication.
While the Commission records that it has been difficult to find reliable data, it notes that a BBC Scotland freedom of information request in April 2020 covering 23 health and social care partnerships found that in the region of 3,700 care packages had been ceased or reduced since January, with one council indicating it had done 4,589 fewer home care visits.
"It appears to be the case that many individuals have had their care and support packages removed suddenly, without dialogue and without the usual assessment processes which would act as procedural safeguards", the report states.
Groups identified as having been disproportionately affected include people on the autism spectrum needing support, parent carers of children and young people, people who manage their own personal assistants, and people who lack capacity to make certain decisions.
The Commission says it is "deeply concerned" about the current social care support available to people whose packages have been reduced or withdrawn, and calls for the Scottish Government and the Convention of Scottish Local Authorities (COSLA) to commit jointly to the return of care and support at pre-pandemic levels, as a minimum.
It also calls for the Government to establish better data collection mechanisms, and for public authorities to use human rights as a tool to inform future decisions about people's care and support. And it repeats its previous calls for the Convention on the Rights of Persons with Disabilities to be incorporated directly into Scots law, as a key way to strengthen protection for those rights.
Another of the report's 24 recommendations is that the Scottish Government and COSLA develop an emergency decision making framework for social care, grounded in rights-based principles of inclusion and participation in decision making, and transparency. This should also meet critical human rights standards.
Judith Robertson, chair of the Commission, commented: "Social care is an essential investment in realising people’s rights, particularly those of us who are disabled, older or provide unpaid care. Delivered properly, social care should enable people to access their rights to family life, health, education, employment and independent living in the community, among others.
"That’s why the Commission is deeply concerned about the reduction and withdrawal of social care support to people during COVID-19, and the impact this is having on their rights."
She added: "Looking ahead, human rights can and should be used by public authorities as a tool to strengthen how decisions are made about social care. This would ensure stronger protections and respect for people’s rights as we all continue to navigate our way through COVID-19.
"Ultimately the Commission wants to see a social care system, based on human rights, capable of delivering the outcomes which are enshrined in the UN Convention on the Rights of Persons with Disabilities."