Human Rights & Care Homes
- Authors
- Date
- 01 Nov 07
How far does the duty to act compatibly with human rights reach into the private sector, to bodies that are not inherently public but exercise "functions of a public nature"? In YL v Birmingham City Council, Southern Cross & Others [2007] UKHL 27, the House of Lords held by a bare majority that a privately-run care home, providing services under contract with a local authority, is not a person exercising "functions of a public nature" and therefore is not bound by section 6 of the Human Rights Act 1998 ("the HRA").