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ARTICLE · 27 JUNE 2001

Private And Voluntary Sector Home Providers And The Human Rights Act

United KingdomLitigation, Mediation & Arbitration

Case Note - Private and voluntary sector home providers such as Leonard Cheshire Homes are not public authorities for the purposes of the Human Rights Act

So held Burnton J., in a case involving yet another promise of an alleged 'home for life' - this time from a charitable home offering services to the public sector, and to private clients. The judge upheld the analysis in the Servite Houses decision to the effect that although residential care is very important, and obviously provided 'in the public interest', and a service provided to vulnerable people, at that, it is not thereby a public function attracting liability under the HRA, nor amenability to judicial review, in the event of closure, or some other arguable wrong on the part of its management.

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