News

The ruling in the case of the Queen (on the application of A) v Partnerships in Care Ltd (11 April 2002) is important for registered nursing homes and residential homes.

In this case a private hospital registered as a nursing home cared for and treated persons detained under section 3 of the Mental Health Act 1983 placed there by the health authority.

The hospital decided to change the focus of the treatment it provided so that, primarily it cared for those suffering from mental illness rather than those suffering from personality disorder.

The claimant had been placed at the hospital for treatment for personality disorder and now found herself without suitable treatment. She challenged the change in focus by the hospital by way of judicial review arguing that the change was irrational and unreasonable, and in addition a breach of her rights under article 3 (freedom from degrading treatment) and article 8 (right to respect for private and home life) under the European Convention on Human Rights.

The hospital claimed it was a private body and therefore judicial review and the Human Rights Act 1998 did not apply to it (judicial review and human rights law generally applies to the operation of public functions rather than, for example, the operation of private bodies).

However, Mr Justice Keith held that because the hospital was registered under the Registered Homes Act 1984, and because nursing home regulations stated that those registered must provide adequate staff and treatment appropriate for those it cares for, then the hospital was susceptible to judicial review when carrying out these functions and, while carrying out these functions, was a public authority for the purposes of the application of the Human Rights Act 1998.

Comment: This case confirms that where a private body carries out functions which are specifically underpinned by statute or regulations, even where it cares for persons pursuant to a contract with a health authority, then the courts will supervise the exercise of its functions to ensure they are lawful, reasonable and compliant with human rights law.

Stephen Cragg

Doughty Street Chambers