CHAPTER 15
Status of care home and home care providers
15.1Introduction and statutory scheme Cases
15.6R v Servite Houses and Wandsworth LBC ex p Goldsmith and Chatting (2000) 3 CCLR 325, QBD A housing association was not discharging a public function for judicial review purposes when it sought possession of accommodation
15.7R (Heather and Callin) v The Leonard Cheshire Foundation [2002] EWCA Civ 366, (2002) 5 CCLR 317 A charity was not performing a public function when making decisions to close one of its care homes
15.8R (A) v Partnerships in Care Limited [2002] EWHC 529 (Admin), (2002) 5 CCLR 330 A private hospital exercising statutory functions in relation to detained mental patients was amenable to judicial review and liable under the Human Rights Act 1998
15.9Moore v Care Standards Tribunal [2005] EWCA Civ 627, (2005) 8 CCLR 354 A home could in substance be a care home notwithstanding that occupiers had been granted assured tenancies, where in truth the establishment provided accommodation together with nursing or personal care
15.10R (YL) v Birmingham CC [2007] UKHL 27, (2007) 10 CCLR 505 A privately run care home was not discharging functions of a public nature
15.11R (Weaver) v London and Quadrant Housing Trust [2009] EWCA Civ 587, [2010] 1 WLR 363 On the assumption that some functions of an RSL were public functions, it was a public body for the purposes of the Human Rights Act 1998 and for the purposes of judicial review proceedings, because its termination of a social tenancy was not a private act
15.12R (Macleod) v Peabody Trust Governors [2016] EWHC 737 (Admin), [2016] HLR 27 The housing association’s decision not to permit an assignment was not amenable to judicial review given that the dwelling was not social housing within the statutory definition and had been acquired using private funds
15.13McDonald v McDonald [2016] UKSC 28, [2016] 3 WLR 45 Private tenants could not resist the making of a possession order in reliance on Article 8 ECHR, at least where legislation entitled the landlord to possession