Facts: The appellant (Y) appealed against a decision that a private care home was not performing the functions of a public authority under the Human Rights Act 1998 s.6(3)(b) when providing her with care and accommodation. Y was a resident of a care home run by a healthcare company (S). Her placement had been arranged by the respondent local authority pursuant to its duties under the National Assistance Act 1948 s.21. The local authority funded the placement in large part, a top-up fee being paid by Y’s family and a nursing-care element being funded by the NHS. Following allegations about the conduct of Y’s family during visits, S had proposed to transfer Y to a different home. In response she had invoked s.6(3)(b) of the 1998 Act and the ECHR 1950 Art.8. Issue: Whether a care home, when providing accommodation and care to a resident, pursuant to arrangements made with a local authority under sections 21 and 26 of the National Assistance Act 1948, is performing “funct...
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