“That said, the principle must be right that public services are provided by whoever will deliver the best outcomes for service users. Sometimes, that will be an organisation from the third sector.

“Where it is, commissioners need to be able to identify that fact and act accordingly. Ultimately, it all comes down to intelligent commissioning.”

A Cabinet Office spokesman said: “The government has committed to consult widely with all relevant parties on who should be covered by the Human Rights Act, and is already acting to establish clarity on this issue.

“For instance, we have taken legislative action to ensure that local authority social care delivered in private care homes is covered under the act.”

And a spokesman for charity umbrella body the National Council for Voluntary Organisations (NCVO) said: “The Human Rights Act provides vital protection to vulnerable users of public services. That protection should not depend on whether the service is provided by a public, private or voluntary sector organisation.

“The case for extending the FOI Act is less convincing: imposing a burden that would significantly outweigh the benefits.

“It is already the case that all information provided to commissioners, regulators and other public bodies is in the public domain and can be requested from these bodies under existing FOI Act requirements.”