The Equality and Human Rights Commission has ended legal proceedings against NHS Greater Glasgow and Clyde (NHSGGC) and HC-One, after NHSGGC ended its practice of placing patients in two care homes in Glasgow without legal authority.
Under the settlement, NHSGGC committed to working with their partner local authorities to ensure that all patients and their families know what is happening and what their rights are.
HC-One also agreed not to accept the transfer of patients from hospitals in terms of this previous practice.
Lynn Welsh, Head of Legal at the Equality and Human Rights Commission Scotland, said: “We are pleased to conclude the legal proceedings we have taken against NHS Greater Glasgow and Clyde and HC One Oval Ltd with an agreement which will safeguard the rights of elderly and disabled people. We are confident that the revised patient pathway we have agreed with NHSGGC should achieve that.”
A spokesperson for HC-One said: “Providing a safe, kind and caring home for our residents is at the heart of what we do. We played no role in the NHS Greater Glasgow and Clyde’s (NHSGGC) decision-making process or policy-making process when it came to placing individuals into our homes. At all times we have prioritised the health, wellbeing and rights of the residents that we care for and indeed the quality of care was not at issue in the proceedings.
“Our involvement in this matter came about because we were providing a high-quality care service to these individuals under contract with NHSGGC. The contract in question was inherited from the previous owners and it is no longer active and no current residents are supported under this agreement. At all times we have put the best interests of residents first.”
A spokesperson for NHSGGC added: “We have engaged with the EHRC over a number months to understand their concerns and to resolve issues raised during the process. We are confident that by working with the EHRC and by taking the agreed steps, that we can continue to provide for the wellbeing of our patients in the best environment possible and ensure the mechanisms are in place to protect patients’ legal rights in line with immediate clinical needs and family decision making.”