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.
