 |
access key options 
skip navigation what's new home site map search
disability benefits consortium home page
about us | benefits | contact us | frequently asked questions | links | make a donation | membership | publications | tax credits | what we do | what you can claim
YL v Birmingham City Council and OthersIn this House of Lords decision it was held by a majority of 3 to 2 that a private care home providing care and accommodation for an elderly person under contract with a local authority was not exercising “functions of a public nature” within s 6(3)(b) of the Human Rights Act 1998.
The case concerned YL, an 84-year-old woman suffering from Alzheimer's disease, who had been placed in a home by Birmingham City Council.
Lord Mance said that s 6(3)(b) covered situations where functions of a governmental nature were discharged by non-governmental bodies. However, the modern form of the 1948 National Assistance Act made a clear distinction between a local authority with a statutory duty to arrange care and accommodation for those unable to arrange it themselves, and a private company providing services with which the local authority contracted on a commercial basis in order to fulfil its duty to arrange such care and accommodation.
The actual provision of care was not an inherently governmental function. The arrangement of the care and accommodation was.
Note: for pdf files you will need to download adobe acrobat reader. To convert the pdf to alternative formats or for more information on accessibility go to access adobe.
