header-logo header-logo

02 August 2007 / Nicholas Dobson
Issue: 7284 / Categories: Features , Public
printer mail-detail

A private function?

The House of Lords has clarified the meaning of public functions. Nicholas Dobson explains

On 20 June 2007 the law lords in YL v Birmingham City Council and others [2007] UKHL 27, [2007] All ER (D) 207 (Jun) finally removed what has for some years been a grumbling legal appendix. This was whether a private care home was conducting public functions for the purposes of the Human Rights Act 1998 (HRA 1998), s 6 when providing care and accommodation for a publicly funded resident. The majority answer was no—Lord Bingham and Baroness Hale dissenting.

Lord Mance considered the intention of Parliament in enacting HRA 1998 and noted the observation of Lord Rodger in Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank [2003] UKHL 37, [2003] 3 All ER 1213 that a purposive construction of s 6(1) indicates that “the essential characteristic of a public authority is that it carries out a function of government which would engage the responsibility of the United Kingdom before the Strasbourg organs”.

PUBLIC FUNDING

Lord Mance

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll