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

Williams, Alexander

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

Williams, Alexander

Authors

Alexander Williams

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.
Publisher URL	http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=388&productid=6823

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Copyright Statement
This is a pre-copyedited, author-produced version of an article accepted for publication in European human rights law review following peer review. The definitive published version Williams, Alexander (2008) 'YL v Birmingham City Council : contracting out and 'functions of a public nature'.', European human rights law review., 4 . pp. 524-531 is available online on Westlaw UK or from Thomson Reuters DocDel service.