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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll