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 to follow…
[Edit 21 June. Head of Legal has an interesting take on the judgments, suggesting exactly this.]