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Human Rights Act 1998

Volume 711: debated on Monday 22 June 2009


Asked by

To ask Her Majesty's Government whether they intend to introduce legislation to over-rule the majority decision of the Law Lords in the case of YL v Birmingham City Council and others. [HL4299]

Section 145 of the Health and Social Care Act 2008 ensures that care and accommodation which is publicly arranged under the National Assistance Act 1948 (or similar provision in Scottish and Northern Irish legislation) is now subject to the Human Rights Act 1998 as if it were a function of a public nature within the meaning of Section 6(3)(b) of that Act. It therefore reverses the effect of the judgment of the Appellate Committee in YL v Birmingham City Council on care homes, in respect of individuals whose care is publicly arranged.