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15 Cards in this Set

  • Front
  • Back
What is stated under section 6(1) of the HRA 1998?
It is unlawful fro a public authority to act incompatibly with a convention right.
Where/how is a public authority defined?
Section 6 (3)(a)- a court or tribunal
(b)- any person whose functions are functions of a public nature.

-The house of Parliament are excluded from the obligation to act compatibly with the convention, due to the doctrine of parliamentary sovereignty.
What are some examples of core public authorities?
police force, army, ministry of defence etc.
What happened in Parochial Church Council of Aston Cantlow v Wallbank?
-Mr and Mrs Wallbank owned the land adjacent to the site of a parochial church council- their land was subject to a repair obligation requiring them to pay for various aspects of repair to the PCC's buildings- the Wallbanks were issued with a bill for over £90,000.
-They claimed that this breached their right to respect for property under the convention.
-The HL overruled the CA, and held that the PCC was not a core OR hybrid public authority.
What are the 3 key features of a core public authority?
1) They are governmental bodies created and controlled to serve the public interest. Taken into account- democratic accountability, public funding etc.

2)They must comply with the convention in everything they do, whether public or private activity.

3)They have no convention rights of their own, and therefore cannot bring convention-based claims in Strasbourg.
What are hybrid public authorities?
-Private persons who are performing one or more functions of a public nature.
What factors were set out by Lord Nicholls in Aston Cantlow, for helping to determine whether something is a hybrid public authority?
1)The extent to which in carrying out the relevant function, the body is publicly funded.
2) Is exercising statutory powers
3) Is taking the place of central government or local authorities, or is providing a public service.
In what cases have functions been found to be public?
Poplar Housing v Donoghue
-The defendant's property was transferred to the claimant housing association from the local authority, which had been created by the local authority.
-The housing association issued a summons for possession under the housing act 1988.
-The defendant claimed that the housing authority was performing a public function and was therefore contravening her right to respect for private and family life under the convention.

-The court concluded that 'while activities of housing associations need not involve the performance of public functions, the role of Poplar is so closely assimilated to that of the local authority, that it was performing public functions.'

POPLAR WAS A HYBRID PUBLIC AUTHORITY.
In which cases have functions been found to be NOT public?
1) Aston Cantlow v Wallbank

2)Cameron v Network Rail Infrastructure

3) R v Leonard Cheshire Foundation

4) YL v Birmingham City Council
What was the principle identified in Cameron v Network Rail Infrastructure?
Performing a service that the state used to provide does not make it a public authority- maintaining track safety on the now-privatised railway network.
What happened in R v Leonard Cheshire Foundation?
-The local authority used its power to contract with a charity (Leonard Cheshire Foundation) to provide accommodation on its behalf)
-LCF later decided to close the care home and relocate them to several smaller homes- the appellants claimed that this breached their art 8 rights to home life.

-The CA held that the provision of care and accommodation was not a public function under section 6(3)(b)- Leonard Cheshire lacked the same institutional and historical links with the local authority in question that were enjoyed by Poplar housing.

LEONARD CHESHIRE FOUNDATION WAS NOT A HYBRID PUBLIC AUTHORITY- NOT REQUIRED TO ACT COMPATIBLY WITH THE CONVENTION.
What happened in YL v Birmingham City Council?
-A local authority required to arrange residential care and accommodation for the appellant contracted to a private company- southern cross healthcare.
-Southern Cross sought to evict Mrs YL from the care home after complaints of disruptive behaviour from her family- she claimed this breached her art 8 rights.

-The HL held that Southern Cross were not performing a public function, as they were acting within a contractual framework- it did not make them a public authority just because it was being paid for by the local authority.
Who/what was the dissenting judgement in YL?
Lord Bingham and Baroness Hale dissented, stating that as Souther Cross was performing services of the local authorities behalf, it WAS performing a public function.
What does the overruling of the Leonard Cheshire/YL rulings show?
-It indicated to the courts that parliament's intention is that section 6(3)(b) should not be afforded an overly restrictive interpretation.
-It focuses more on whether the function in question should be seen as public, and less upon the institutional factors relied upon in the CA.
What were the criticisms of the original YL/Leonard Cheshire rulings?
-The general exclusion of contracted-out services generates a gap in rights protection for service-users.

-The questionable logic used by the courts- if a function is public when performed by a core public authority, why is the same function not public when performed on the local authority's behalf?