YL v Birmingham City Council (Secretary of State for Constitutional Affairs intervening)

Subject Matter

HUMAN RIGHTS — Public authority — Functions of public nature — Local authority under duty to arrange accommodation for claimants — Local authority placing claimant in private care home — Private care home giving claimant notice to leave — Declaration sought by claimant that removal from home contrary to Convention rights — Whether private care home exercising “functions of public nature” in providing care and accommodation — Whether transfer of local authority care home to private organisation unlawfully depriving residents of Convention rights — National Assistance Act 1948 (as amended by Local Government Act 1972, s 195(6), Sch 23, para 2(1), Children Act 1989, s 108(5), Sch 13, para 11(1), National Health Service and Community Care Act 1990, s 42(1) and Community Care (Residential Accommodation) Act 1992, s 1(1)), ss 21, 26 — Human Rights Act 1998, s 6(1)(3)(b)

[2007] EWCA Civ 27; [2008] QB 1; [2007] 2 WLR 1097; [2007] LGR 241, CA

[2007] UKHL 27; [2008] AC 95; [2007] 3 WLR 112; [2007] 3 All ER 957; [2008] LGR 273, HL(E)

Appellate History

Commentary

Blackstones Civil Practice 2023
Main Provisions of the Human Rights Act 1998 - Obligations of public authorities 91.6