Johnson & Ors v London Borough of Havering

Johnson & Ors v London Borough of Havering

The application fails because the transfer of care homes to a private sector provider under arrangements with the Council does not deprive residents of effective Convention rights protection, nor does it render the private provider a public authority under section 6(3)(b) of the Human Rights Act 1998. The Council...

Source-derived case information.

Parties
Claimant: Elspeth Johnson; Claimant: Victor Thomas; Claimant: Lillian Manning; Defendant: London Borough of Havering; Intervener: Secretary of State for Constitutional Affairs; Intervener: Disability Rights Commission
Jurisdiction
England and Wales
Judgment Date
11 July 2006
Procedural Posture
Judicial Review / Judgment
Outcome
Application dismissed
Legal Topics
Public Function Under Human Rights Act, Transfer of Care Homes, Convention Rights Protection, Local Authority Duties, Private Sector Provision of Public Services
Administrative Law Human Rights Law Social Welfare Law Public Function Under Human Rights Act Transfer of Care Homes Convention Rights Protection Local Authority Duties Private Sector Provision of Public Services

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Parties

Elspeth Johnson

Claimant

Victor Thomas

Claimant

Lillian Manning

Claimant

London Borough of Havering

Defendant

Secretary of State for Constitutional Affairs

Intervener

Disability Rights Commission

Intervener

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether a private body providing accommodation under arrangements with a local authority exercises functions of a public nature within section 6(3)(b) of the Human Rights Act 1998
  2. 2 Whether transfer of care homes to a private sector provider would be unlawful under section 6(1) of the Human Rights Act 1998 as a breach of residents' Convention rights

Ratio Decidendi

The application fails because the transfer of care homes to a private sector provider under arrangements with the Council does not deprive residents of effective Convention rights protection, nor does it render the private provider a public authority under section 6(3)(b) of the Human Rights Act 1998. The Council remains responsible for ensuring Convention rights are protected.

Court Disposition

Application dismissed