The claimants were residents of old people’s homes run by the council and maintained under s21 of the 1948 Act. They objected to the transfer of the homes into the private sector saying that it would infringe their rights to family life, and that the protection afforded to them would be reduced.
Held: The claimants appeals failed. The court could not find that a private care home was not exercising the functions of a public body so as to make it subject to the Human Rights Act. Residents would in any event have other, greater, protections under the 2000 Act. The state had no duty to maintain the particular protections given under the 1998 Act.
Judges:
Sir Anthony Clarke, Master of the Rolls, Lord Justice Buxton and Lord Justice Dyson
Citations:
[2007] EWCA Civ 26, Times 02-Feb-2007, [2007] 2 WLR 1097, (2007) 95 BMLR 33, [2007] MHLR 69, [2008] QB 1, (2007) 10 CCL Rep 7, [2007] UKHRR 645, [2007] BLGR 241, [2007] HRLR 15
Links:
Statutes:
National Assistance Act 1948 21, Human Rights Act 1998 6(3)(b), Care Standards Act 2000
Jurisdiction:
England and Wales
Citing:
Cited – Regina (Heather and Another) v Leonard Cheshire Foundation CA 21-Mar-2002
The appellants appealed rejection of their application for judicial review. They were long term residents in a nursing home, which the respondents had decided to close.
Held: Though the respondent did exercise some public functions, and its . .
Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Cited by:
Appeal from – YL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
Cited – YL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 19 November 2022; Ref: scu.248279