YL v Birmingham City Council [2007]

Facts

  • YL claimed that Southern Cross care home, who YL had be placed under the care of by the council in accordance with statutory duties, had violated the ECHR in the treatment of YL

Issue

  • Could the care home be classed as a public body such that it must act in accordance with human rights

Decision

  • No, claim failed

Reasoning

  • In providing care for YL, a private activity was being carried out under a private contract, the council had only organised the care
  • As such, there was no function of a public nature and the ECHR could not give rise to a claim
  • Immediately after this decision, Parliament legislated contrary to the decision with the Health and Social Care Act 2008 which provided that care homes do act as public authorities in such situations
RELATED CASE  O'Hara v Chief Constable of Royal Ulster Constabulary [1997]

Posted in Public Law Revision Notes.

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