Before my post yesterday, Nearly Legal wrote extensive comments on the case – I recommend a visit for anyone interested in the case. Nearly Legal has also commented here at Head of Legal.
I think the amendment Nearly Legal mentions must be this one (scroll down a bit for the debate), moved by Baroness Hamwee at Committee Stage in the Lords. Interestingly Baroness Andrews for the government opposed it, and tried to explain to the House why the government’s opposition to making registered social landlords under the Human Rights Act is consistent with its wish to bring care homes under it. She said it was all to do with history and the extent of regulation in the two sectors, plus the vulnerability of care home residents. But I don’t buy it at all: it seems to me that what care homes do and what RSLs do is pretty much analogous, and I can’t understand why one should be subject to human rights obligations and the other not.
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