1. 9/3/20151 Human rights at the heart of commissioning: care in the home Mark Wright and Neil Martin 21 November 2012

2. 9/3/20152 “Where after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm or office where he works… unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.” Eleanor Roosevelt, Chairman of the United Nations Human Rights Commission, 1948

3. 9/3/20153 Close to home - findings A human rights approach can transform the way services are planned and delivered and drive up standards A human rights approach provides an ethical framework for 'person- centred' decision-making by ensuring that rights are only restricted where proportionate and necessary Local authorities have positive obligations to carry out their functions in a way that promotes and protects the rights in the European Convention on Human Rights. There are major opportunities for local authorities to promote and protect older people's human rights in: the way they commission home care the way they procure and monitor home care contracts.

4. 9/3/20154 “Because of the nature of home care provision, regulation and inspection – while crucial – may not be as effective at monitoring compliance in home care services as it can be for care homes. Therefore commissioning must play the central role in ensuring home care services meet needs and promote and protect human rights.” Alzheimer's Society

5. 9/3/20155 Five key messages It’s the law It’s practical and ensures accountability It’s about quality and efficiency It’s the foundation of other duties and drivers It’s about familiar shared values

6. 9/3/20156 “It is recognised that the current financial climate presents real challenges to local authorities in commissioning services but it is noteworthy that the standards of care are not always linked to the price of services. There are many providers of good quality care which promote the human rights of older people whose costs are lower than average.” Association of Directors of Adult Social Services

7. 9/3/20157 Building a human rights culture in commissioning Shared understanding of, and commitment to, human rights at all levels of the organisation Considering human rights at every step – local needs assessment, commissioning stages, monitoring and service delivery Explicit use of human rights language in policies, service specifications, contracts, etc

8. 9/3/20158 Building a human rights culture in commissioning Empowering service users to understand and use language, be involved in planning and monitoring services and feel supported in raising concerns Providers being contractually obliged to promote and protect human rights Using human rights to guide local authority and providers when faced with difficult decisions, e.g. competing interests of staff and service users

9. 9/3/20159 “If the price of your service is so low then you will have to start to strip out the time that people spend with individuals, or the time that the organisation spends in developing their staff. That’s a major risk.” Local authority commissioning manager

10. 9/3/201510 Information about our home care inquiry is available at: http://www.equalityhumanrights.com/legal-and- policy/inquiries-and-assessments/inquiry-into- home-care-of-older-people/ More information about human rights is available at: http://www.equalityhumanrights.com/human- rights/