YL v Birmingham CC

YL v Birmingham CC (UKHL 27) is a UK constitutional law case, concerning judicial review.

[1] YL claimed that Southern Cross Ltd, a large private company running nursing homes in Birmingham, violated EHCR Article 8[2] and the human rights of an elderly resident by giving her only 28 days' notice to leave after a family disagreement.

Southern Cross had been paid to care for residents in Birmingham City, with families contributing to the cost.

To express in summary terms my reason for so concluding, Southern Cross is a company carrying on a socially useful business for profit.

It receives no public funding, enjoys no special statutory powers, and is at liberty to accept or reject residents as it chooses (subject, of course, to anti-discrimination legislation which affects everyone who offers a service to the public) and to charge whatever fees in its commercial judgment it thinks suitable.