YL v Birmingham CC


YL v Birmingham CC is a UK constitutional law case, concerning judicial review.

Facts

YL claimed that Southern Cross Ltd, a large private company running nursing homes in Birmingham, violated the ECHR art 8 right of an elderly resident, by giving her just 28 days' notice to leave after a disagreement with her family. Southern Cross had been paid to care for residents in Birmingham City Council, but families had to contribute to the cost.

Judgment

The House of Lords held by a majority that even though most residents were place in the nursing homes by local authorities under a contract with the company, this did not make the company a public authority under HRA 1998 s 6.
Lord Scott said the following: