'YL v Birmingham City Council: Contracting out and “functions of a public nature”

Williams, Alexander

Abstract

This analysis examines the recent House of Lords ruling on the interpretation of ‘functions of a public nature’ under s 6(3)(b) of the Human Rights Act 1998. It criticises the reasoning and result, suggesting that the ruling has failed satisfactorily to settle the law and that the provision of care and accommodation by a private provider pursuant to contract with a local authority acting under s 21 of the National Assistance Act 1948 should be regarded as a function of a public nature. It concludes by assessing the ruling’s impact, briefly commenting on the new Human Rights Act 1998 (Meaning of Public Function) Bill and highlighting remaining issues for future judicial and legislative consideration.

Citation

Williams, A. (2008). 'YL v Birmingham City Council: Contracting out and “functions of a public nature”. European Human Rights Law Review, 4, 524-531

• Journal Article Type: Article
• Publication Date: Jan 1, 2008
• Deposit Date: Aug 26, 2011
• Publicly Available Date: Apr 2, 2013
• Journal: European Human Rights Law Review
• Print ISSN: 1361-1526
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 4
• Pages: 524-531
• Keywords: Care homes, Local authorities' powers and duties, Public authorities, Public functions, Residential care.
• Public URL: https://durham-repository.worktribe.com/output/1561985
• Publisher URL: http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=388&productid=6823