YL v Birmingham City Council (2007) UKHL 27: Difference between revisions
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''A care home, when providing accommodation and care to a resident, pursuant to arrangements made with a local authority under ss21 and 26 of the National Assistance Act 1948, is not performing "functions of a public nature" for the purposes of s6(3)(b) of the Human Rights Act 1998 and is thus in that respect not a "public authority" obliged to act compatibly with Convention rights under section 6(1) of that Act'' | ''A care home, when providing accommodation and care to a resident, pursuant to arrangements made with a local authority under ss21 and 26 of the National Assistance Act 1948, is not performing "functions of a public nature" for the purposes of s6(3)(b) of the Human Rights Act 1998 and is thus in that respect not a "public authority" obliged to act compatibly with Convention rights under section 6(1) of that Act. This is so even though the accommodation and care was arranged, and is being paid for, by the local authority.'' | ||
==Related judgments== | |||
[[YL v Birmingham City Council (2007) UKHL 27]] | |||
*[[R (Johnson) v London Borough of Havering; R (YL) v Birmingham City Council (2007) EWCA Civ 26]] | |||
:*[[R (Johnson) v London Borough of Havering (2006) EWHC 1714 (Admin)]] | |||
==Update== | |||
See [[Health and Social Care Act 2008]] section 145 (Human Rights Act 1998: provision of certain social care to be public function). That section was repealed on 1/4/15 and replaced by s73 [[Care Act 2014]] (which was broadly similar). | |||
==External links== | ==External links== | ||
[http:// | {{#bailii:[2007] UKHL 27}} | ||
[http://business.timesonline.co.uk/tol/business/law/reports/article1963768.ece "Exercise of delegated council duty is a private function", Times Law Report, 21/7/07] | |||
[[Category: | [[Category:Community care]] | ||
[[Category:Brief summary]] | |||
[[Category:Transcript]] | |||
[[Category:2007 cases]] | |||
Latest revision as of 12:46, 8 September 2024
A care home, when providing accommodation and care to a resident, pursuant to arrangements made with a local authority under ss21 and 26 of the National Assistance Act 1948, is not performing "functions of a public nature" for the purposes of s6(3)(b) of the Human Rights Act 1998 and is thus in that respect not a "public authority" obliged to act compatibly with Convention rights under section 6(1) of that Act. This is so even though the accommodation and care was arranged, and is being paid for, by the local authority.
Related judgments
YL v Birmingham City Council [2007] UKHL 27
Update
See Health and Social Care Act 2008 section 145 (Human Rights Act 1998: provision of certain social care to be public function). That section was repealed on 1/4/15 and replaced by s73 Care Act 2014 (which was broadly similar).
External links
"Exercise of delegated council duty is a private function", Times Law Report, 21/7/07