Concept of public authority under hra
Governmental organisations are governmental through and through; private organisations are private through and through, and therefore enjoy Convention protection at all times.
Concept of public authority under hra
It should not be open to a hybrid public authority care home, for instance, to wriggle too easily out of Convention liability by claiming that the abuse by nursing staff of residents fell outside of the public function of providing care and accommodation and was therefore a private act under s 6 5. First, they are able to bring judicial review proceedings, if they have been dealt with in an unfair way, say, by being insufficiently consulted upon think hospital closure cases such as Royal Brompton, discussed here. Background The Human Rights Act imposes a series of important duties on 'public authorities' to respect the rights and freedoms of others. But in the absence of any such move, the conclusion is irresistible: hybrid public authorities will enjoy Convention rights in their public capacities under the HRA if this is what would occur in Strasbourg under Art My end point is agreement with his basic contention that Arnold J was mistaken to believe that the Olympic Delivery Authority the ODA enjoyed Convention rights of its own in that case. It is a glorious illustration of how easy it is in this context to become engulfed by a trap with a black hole-like capacity to swallow up virtually all trace of rationality and common sense. First, are so-called 'core' public authorities such as central government departments all of whose activities will fall within the scope of the Act. In exercising its functions the ODA must obey any directions given by the Secretary of State Sch 1, para 18 1 b , who appoints its members and chairman following consultation with the Mayor of London Sch 1, para 1 1. The common law horizontal effect mechanism is one route through which to hold private bodies, albeit indirectly, to Convention standards. But a registered social landlord when terminating a tenancy is: Weaver. What we have under this approach, then, is an apparent broadening of s 6 3 b : a hybrid body with a single public function on its books could theoretically perform a private function towards the complainant but nevertheless face Convention liability because under the all-important s 6 5 it performed a public act. This leads neatly, then, to the s 6 5 question — more specifically, of how the concept of a private act relates to that of a public function under s 6 3 b. There is no substitute for a more precise definition of a public function, difficult though it is to define, which should be able to do the vast majority of the work of determining when a private organisation should be a hybrid liable to Convention challenge and when it should not. In this post I offer my own. Public authorities : what is a hybrid public authority under the HRA?
In exercising its functions the ODA must obey any directions given by the Secretary of State Sch 1, para 18 1 bwho appoints its members and chairman following consultation with the Mayor of London Sch 1, para 1 1.
It is possible in a given case for a hybrid both to be attacked under the Convention and to defend itself using its own Convention rights.
Lord Nicholls gave the example of private prisons or regulation in the private sector by entities such as the Law Society. So the point I am making on the rights-status issue is this: s 6 5 is irrelevant to the capacity of a hybrid public authority to enforce its own Convention rights.
The common law horizontal effect mechanism is one route through which to hold private bodies, albeit indirectly, to Convention standards.
Human rights act 2008
Despite its formal status under s 3 1 as a body corporate, the ODA is evidently not a constitutionally selfish private organisation. The approach has moreover been suggested before by Jonny Landau, at  PL Background The Human Rights Act imposes a series of important duties on 'public authorities' to respect the rights and freedoms of others. There is no escaping the need to determine the nature of the particular function performed towards the claimant in the case at hand. This might be because the act was more naturally seen as resulting from a private function, or perhaps because in reality it was simply a one-off act with no parent function at all. Even if the approach is theoretically viable, therefore, it gets the courts nowhere in practice. Not all acts, of course, will have parent functions: what is the function pursuant to which a fight in the street takes place, for example?
The approach of Turner J was essentially to approach the question of hybrid public authority status in two parts. The need to avoid simply emptying out the content of s 6 3 b is an important reason to ensure that it plays a proper role relative to that played by s 6 5.
Despite its formal status under s 3 1 as a body corporate, the ODA is evidently not a constitutionally selfish private organisation.
based on 54 review