"Functions of a public nature" under the Human Rights Act 1998: the decision of the House of Lords in YL v Birmingham City Council

McGarry, John ORCID: 0000-0002-5590-7115 (2007) "Functions of a public nature" under the Human Rights Act 1998: the decision of the House of Lords in YL v Birmingham City Council. Web Journal of Current Legal Issues, 5. ISSN 1360-1326

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Official URL: http://www.bailii.org/uk/other/journals/WebJCLI/20...

Abstract

In YL v Birmingham City Council [2007] UKHL 27, the House of Lords decided that a private body providing publicly funded residential care is not engaged in “functions of a public nature” under the Human Rights Act 1998 (HRA), s 6(3)(b). The significance of this issue is that it determines whether those providing such care must conform with the Convention rights under the Act. It is a matter that has been the subject of some controversy in recent years. In this case note, I will describe the facts of YL. I will then give details of the previous case law and commentary this point. This will be followed by an analysis of their Lordship’s opinions in the present case. Finally, I will briefly discuss the possibility of amending the HRA.

Item Type: Article
Additional Information: Online article freely available at http://www.bailii.org/uk/other/journals/WebJCLI/2007/issue5/mcgarry5.html
Divisions: School of Law
Depositing User: Tracey Gill
Date Deposited: 13 Sep 2018 12:54
Last Modified: 25 Sep 2019 13:55
URI: http://ubir.bolton.ac.uk/id/eprint/1936

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