Care in Old Age: Legal Perspectives

This report presents four research papers on legal aspects of older people’s right to care. The papers have been prepared for Older & Bolder on a pro bono basis by a group of legal professionals working through the Public Interest Law Alliance (PILA), a project of the Free Legal Advice Centres (FLAC).

Care in Old Age: Legal Perspectives (Download PDF: 534 KB) 

The papers in this report were prepared to inform Older & Bolder’s advocacy on health and social care.

• Rebecca Lacy’s paper examines the 1970 Health Act (as amended) showing that the Act confers on individuals a right to in-patient hospital care but no right to community care.
• Susan Carey’s paper examines legal definitions of ‘care’ in relation to older people in a number of jurisdictions and in Ireland.
• Clara O’Sullivan’s paper describes the role of a Community Visitor programme in monitoring residential care institutions in Australia and analyses the legislative protection afforded to whistleblowers.
• Sophia Purcell’s paper analyses European and international perspectives on age as set out in selected legislation, international instruments and case law.