THE High Court has ruled that a woman can press ahead with a human rights case on behalf of a late family friend over her alleged maltreatment at a care home near York.

Susan Milner is bringing a legal case against Barchester Healthcare Homes Ltd over the care provided to Elsie Casey at Stamford Bridge Beaumont Care Home.

In her claim, she alleged that over four-and-a-half years at the home, Elsie was left in soiled clothes, left after being incontinent and while shouting for help, segregated away from other residents, left unwashed, allowed to become dehydrated, allowed to fall and restrained inappropriately.

The claim argued that the treatment amounted to breaches of Article 2 and Article 3 of the Human Rights Act.

The High Court ruled that she can continue with the Article 3 element, relating to the obligation on the home not to inflict inhuman and degrading treatment, and this will proceed to trial.

The court decided that it was capable of serving an important wider public interest that care homes should refrain from breaches of Convention rights, and that any such breaches should be properly investigated so that lessons may be learned and repetitions avoided.

The Article 2 element of the claim, relating to the obligation to take reasonable steps to protect Elsie from a real or immediate risk to her life, was struck out.

Barchester Healthcare Homes had applied to have the whole claim struck out. They argued that Susan did not have standing to bring the claim, because she did not qualify as an “indirect victim,” given that she was not biologically related to Elise.

However, the court dismissed these arguments and found that given close personal ties between Susan and Elsie, they were much more than close friends and their relationship was akin to that between a mother and daughter.

The court heard that Elsie had no children and her husband had died some years earlier. She had been friends with Susan’s mother when they were young, she had always been a big part of Susan’s life and was considered to be family. Susan referred to her as Aunty Elsie. As Elsie’s health deteriorated Susan was appointed as deputy for her property and affairs and was named as her next of kin.

Emma Jones, human rights partner at law firm Leigh Day, said that while the issues in the case were still to be determined at trial, the High Court ruling was a positive step forward in Human Rights law.

"In today’s world, families come in many forms, and it is only right that those who do not have biological next of kin can still have people fighting for justice on their behalf after they are gone, or if they lack capacity themselves.”

Beatrice Morgan, human rights solicitor at Leigh Day, said the ruling by the High Court recognised that the claim had been brought to seek vindication of the alleged violations to Elsie’s human rights in the last few precious years of her life.

"We welcome this acknowledgement of the applicability human rights law in a care home setting. It is an important decision, not just for our client, but for care home residents and indeed care providers.”

Barchester said it couldn't comment on an ongoing legal case.