Old People Lose HR Case

Private Care Homes Not Subject to HR Requirements
R (Johnson and others) v Havering London Borough Council;
YL v Birmingham City Council and others
[2007] EWCA Civ 26
CA
30 January 2007
Daily Law Notes Summary
A private care home, when accommodating residents under
arrangements made with a local authority for the implementation
of the authority’s obligations under s 21 of the National
Assistance Act 1948, was not exercising a public function for the
purposes of s 6(3)(b) of the Human Rights Act 1998. The change in
the residents’ legal position that occurred when homes were
transferred from public to private control did not amount to a
breach of the Convention for the Protection of Human Rights and
Fundamental Freedoms.