This case concerned an application for judicial review of a charitable body's decision to close down a residential home and re-house certain residents whose places were funded by the local authority.

The High Court held that the Leonard Cheshire Foundation was not, on the facts, a public authority and in any event that the particular activities complained of were private acts for the purposes of section 6(5) of the Human Rights Act 1998.

The case was distinguished from the Court of Appeal decision in Poplar Housing and Regeneration Community Association Ltd v Donoghue [2001] EWCA Civ 595.

This item links to practice notes on the Human Rights Act 1998.

Note added 27/03/02: This decision was upheld by the Court of Appeal (on broadly the same grounds).