header-logo header-logo

Qualifying human rights

11 September 2008 / Ed Mitchell , Clive Lewis
Issue: 7336 / Categories: Features , Public , Community care
printer mail-detail

Ed Mitchell and Clive Lewis QC examine the precarious relationship between social care and HRA 1998

Towards the end of its passage through Parliament, the Health and Social Care Bill was amended so as to reverse the decision of the law lords in YL v Birmingham CC [2007] UKHL 27, [2007] 3 All ER 957. In YL it was held, by a majority of 3–2, that independent care homes that accommodate persons on behalf of local authorities are not, in so doing, caught by the Human Rights Act 1998 (HRA 1998).

The Bill has now been enacted as the Health and Social Care Act 2008. Section 145 contains the relevant provisions, the fulcrum of which is sub-s 1 which reads as follows: “A person (P) who provides accommodation, together with nursing or personal care, in a care home for an individual under arrangements made with P under the relevant statutory provisions (eg s 21 of the National Assistance Act 1948) is to be taken for the purposes of sub-s (3)(b) of section

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll