Facts: YL submitted that a privately run care home, that had given her notice to quit, had acted incompatibly with her rights under Article 8 ECHR.

Judgment: the House of Lords (Lords Bingham, Scott, Mance, Neuberger and Lady Hale, Lord Bingham and Lady Hale dissenting) held that the care home provider was not exercising functions of a public nature for the purposes of section 6 of the Human Rights Act 1998: this was not a case where the statutory function itself had been delegated and the provision of care home accommodation was not intrinsically governmental.

Comment: now, 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.