Existing human rights legislation is failing to protect some of the UK’s most vulnerable older people, charity Help the Aged has claimed.

A report by the charity found that there were “glaring omissions” in the protection of older people, which could leave them exposed to mistreatment that could not be dealt with under the Human Rights Act.

The charity said that, due to a legal loophole, only statutory services are currently covered by the HRA. However, the great majority of older people’s services – including more than 90% of care home places and nearly 70% of domiciliary care hours – are contracted out to the private sector, which is not covered by the HRA.

Help the Aged identified ‘institutional cultures’ that breached human rights and cited major delays in providing essential services and limited services with little choice.

Lack of hygiene, the use of inappropriate restraints – both chemical and physical – and restricted access to food and water have been reported to the charity as existing in some health and care settings.

Help the Aged is urging the government to move forward its planned Equality Bill, which would establish a Commission for Equality and Human Rights (CEHR). The Commission would have powers to champion older people’s rights and could better protect them from abuse and neglect at the hands of those charged with their care.

Tessa Harding, senior policy adviser at Help the Aged, said: “High profile and widely publicised cases of elder abuse and neglect rightly provoke revulsion and anger.

“Unless strong new laws are introduced to give older people specific protection against breaches in their human rights, the sorts of cases seen in recent television programmes will continue to be treated only as a matter of poor standards. Only the full force of comprehensive human rights legislation will adequately protect our frailest elders.”

Ms Harding said that the new CEHR should deliver “firm, clear messages about older people’s human rights to all providers of health and care services”. She said: “It must ensure changes in practice, which will safeguard vulnerable and frail elders. Investigations should be undertaken where there are concerns and advice made available to older people and their families on how they can access help if they believe their rights have been infringed.

“Older people at risk will be looking to the new Commission to make their concerns an early priority for action. If the human rights of older people fail to be protected once the CEHR opens its doors, abuse and neglect will continue to be improperly investigated and brought to justice.”

(KMcA/SP)