“Vulnerable elderly people are being subjected to neglect, abuse, discrimination and ill-treatment in the hospitals and care homes that should be looking after them, according to a report published today by a parliamentary committee.”
The Guardian, 15th August 2007
Source: www.guardian.co.uk
“A ruling leaves elderly and vulnerable people in private care homes with no protection from eviction or ill-treatment, writes Jon Robins.”
The Observer, 24th June 2007
Source: www.guardian.co.uk
YL v. Birmingham City Council [2007] UKHL 27
“A private care home providing care and accommodation for an elderly person under contract with a local authority was not exercising ‘functions of a public nature’ within s 6(3)(b) of the Human Rights Act 1998 so as to allow that person to claim against the home under s 6(1) of the Act for breach of her Convention rights when it was sought to remove her from the home.”
WLR Daily, 20th June 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Exercise of delegated council duty is a private function
YL v. Birmingham City Council and Others
House of Lords
“Where a private care home, under contract with a local authority, provided care and accommodation for an elderly person which the authority had been under a statutory duty to arrange, the care home was not exercising functions of a public nature so as to allow her to claim a breach of duty under the European Convention on Human Rights.”
The Times, 21st June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Thousands of people who use hospital or school services contracted out by local authorities are without the protection of human rights laws, after a landmark ruling yesterday.”
The Times, 21st June 2007
Source: www.timesonline.co.uk
“Private care homes that look after elderly and vulnerable people on behalf of local authorities are not covered by human rights laws, the House of Lords ruled today.”
The Times, 20th June 2007
Source: www.timesonline.co.uk
“Law Lords are due to rule on whether the Human Rights Act applies to private care homes in England and Wales if residents are council funded.”
BBC News, 20th June 2007
Source: www.bbc.co.uk
“Underperforming NHS trusts and care homes face fines and closure under powers for a new health and social care watchdog, a leaked government document suggests.”
The Times, 8th June 2007
Source: www.timesonline.co.uk
“The body of an elderly woman is to be the first of three exhumed by police probing seven deaths at a care home.”
BBC News, 5th June 2007
Source: www.bbc.co.uk
“Elderly patients placed by the Government in private care homes should receive the same protection from human rights laws as they would in public facilities, the House of Lords heard today.”
The Times, 30th April 2007
Source: www.timesonline.co.uk
“A company trying to evict an 83-year-old Alzheimer’s sufferer from a private care home it runs is facing a legal battle in a historic case that could affect hundreds of thousands of vulnerable people.”
The Guardian, 30th April 2007
Source: www.guardian.co.uk
© Inner Temple Library 2024