Tag Archive for 'Community care'

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Children Act – housing and education

By NL on 17/06/2008. 0 Comments

C, R (on the application of) v London Borough of Lambeth [2008] EWHC 1230 (Admin) is, in the end, mainly concerned with education, but there is quite a bit of interest to housing people.

The issue was the duties owed to the Claimant under s.23 and s.24 Children Act 1989.

The Claimant had been in care with Lambeth. Shortly before her 18th birthday, Lambeth gave her tenancy of a one bed flat. The next year, after suffering a serious sexual assault at the flat, C left to stay with friends and a former foster mother. In 2207, she was briefly street homeless, before the application for Judicial Review was made. … Read the full post

Posted in Community care, FLW case note and Housing law - All. Tags: , , , , .

Publawyer on public function

By NL on 13/07/2007. 0 Comments

Just a quick note that Publawyer has posted an excellent discussion of YL v Birmingham and the broader impact on thinking about functional public authorities for the purposes of the Human Rights Act. Sure, it’s a bit late, but he’s been away. It makes a good counterpoint to Head of Legal’s view.

Personally, I side with Publawyer. As the duties and activities of public authorities are increasingly contracted out to private sector and not for profit organisations, and often at arm’s length to boot, an open view of ‘public function’ strikes me as increasingly required. Head of Legal’s worries that something as simple as being a regulated industry, or … Read the full post

Posted in Community care and Housing law - All. Tags: , , , , .

YL v Birmingham City Council and others

By NL on 20/06/2007. 0 Comments

I haven’t had a chance to look at the judgment in full (YL (by her litigation friend the Official Solicitor) (FC) (Appellant) v. Birmingham City Council and others [2007] UKHL 27), but the House of Lords has today decided 3 to 2 (Lord Bingham and Lady Hale dissenting), that a private care home place obtained and funded by a Local Authority pursuant to the National Assistance Act does not fall under the Human Rights Act, as the care Home is not carrying out a public function.

This will bear a close look as it might well have wider ramifications on private bodies carrying out public functions. Possibly more … Read the full post

Posted in Community care and Housing law - All. Tags: , , , , .
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