YL v Birmingham City Council - 2007
374 words (1 pages) Case Summary
21st Jun 2019 Case Summary Reference this In-house law team
Jurisdiction / Tag(s): UK Law
YL v Birmingham City Council  UKHL 27,  1AC 95
PRIVATE CARE HOMES – HUMAN RIGHTS – LOCAL AUTHORITIES POWERS AND DUTIES – PUBLIC AUTHORITIES
Y was a resident of a care home run by a healthcare company (S). Her placement had been arranged by the respondent local authority (B) in accordance with its duties under s.21 of the National Assistance Act 1948. The placement was funded in large part by B, with a top-up fee being paid by Y's family and funding for nursing care being provided by the NHS. Following allegations about the conduct of Y's family during visits, S had proposed to transfer Y to a different home. In response she had invoked s.6(3)(b) of the Human Rights Act 1998 and the Art.8 of the European Convention of Human Rights.
The Court of Appeal were required to determine whether S was exercising functions of a public nature within the meaning of s.6(3)(b) of the 1998 Act, which would require S to conduct its business in such a manner as to be compatible with Convention rights.
S was not exercising functions of a public nature within the meaning of s.6(3)(b) of the 1998 Act. The rationale of the section was to ensure that those bodies for whose acts the state was answerable before the European Court of Human Rights should incur a domestic law obligation not to act incompatibly with Convention rights. The state could, in some circumstances, remain responsible for the conduct of a private law body to which it had delegated state powers, but the mere conferral of special powers by Parliament did not, without more, mean that a body had functions of a public nature. It was necessary to look at the context in which, and the basis upon which, a contractor acted; in providing care and accommodation, S acted as a private, profit-making company, which motivation pointed against treating it as a body with functions of a public nature.
Cite This Work
To export a reference to this article please select a referencing stye below:
Related ServicesView all
Related ContentJurisdictions / Tags
Content relating to: "UK Law"
UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.
Hardwick v Johnson - 1978
The agreement was held to be a joint contractual license. Where informal family agreements are made and the parties do not......
Pawlett v Attorney General
The plaintiff (P) mortgaged his property to a man named Ludlow. P failed to make payments in terms of the mortgage due, he claimed......