Facts: Servite Homes accommodated the applicants at May House, assuring them they could remain there for the rest of their lives. However, Servite Homes then decided to close May House because it was uneconomic. The applicants sought a judicial review.

Judgment: Moses J held that Servite Homes, a housing association, was not discharging a public function so as to be amenable to judicial review.

Comment: by virtue of section 73 of the Care Act 2014, most registered care providers, providing personal care in residential or domestic settings, must be treated as exercising a function of a public nature for the purposes of section 6(3)(b) of the Human Rights Act 1998. That does not require such providers also to be treated as amenable to judicial review, but it could be a relevant factor. And, see Weaver, at para 15.11 below.