"Functions of a public nature" under the Human Rights Act 1998: the decision of the House of Lords in YL v Birmingham City Council

In YL v Birmingham City Council [2007] UKHL 27, the House of Lords decided that a private body providing publicly funded residential care is not engaged in “functions of a public nature” under the Human Rights Act 1998 (HRA), s 6(3)(b). The significance of this issue is that it determines whether those providing such care must conform with the Convention rights under the Act. It is a matter that has been the subject of some controversy in recent years. In this case note, I will describe the facts of YL. I will then give details of the previous case law and commentary this point. This will be followed by an analysis of their Lordship’s opinions in the present case. Finally, I will briefly discuss the possibility of amending the HRA.