header-logo header-logo

11 September 2008 / Ed Mitchell , Clive Lewis
Issue: 7336 / Categories: Features , Public , Community care
printer mail-detail

Qualifying human rights

Ed Mitchell and Clive Lewis QC examine the precarious relationship between social care and HRA 1998

Towards the end of its passage through Parliament, the Health and Social Care Bill was amended so as to reverse the decision of the law lords in YL v Birmingham CC [2007] UKHL 27, [2007] 3 All ER 957. In YL it was held, by a majority of 3–2, that independent care homes that accommodate persons on behalf of local authorities are not, in so doing, caught by the Human Rights Act 1998 (HRA 1998).

The Bill has now been enacted as the Health and Social Care Act 2008. Section 145 contains the relevant provisions, the fulcrum of which is sub-s 1 which reads as follows: “A person (P) who provides accommodation, together with nursing or personal care, in a care home for an individual under arrangements made with P under the relevant statutory provisions (eg s 21 of the National Assistance Act 1948) is to be taken for the purposes of sub-s (3)(b) of section 6 of the HRA 1998 (acts of public authorities) to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll