Can I Make a Human Rights Claim Against a Public Authority?

A human rights claim may be possible where a public authority has acted, or failed to act, in a way that is incompatible with a right protected by the Human Rights Act 1998.

Public authorities can include government departments, local authorities, courts and tribunals, and other organisations carrying out functions of a public nature.

Whether a claim can be brought will depend on the circumstances, the right involved, the public authority concerned and whether the person bringing the claim is considered a victim of the alleged unlawful act.

What Is a Public Authority?

For the purposes of the Human Rights Act, a public authority can include a government department, local authority, court or tribunal, as well as certain organisations carrying out functions of a public nature.

The question of whether an organisation is acting as a public authority can depend on the particular function or activity involved.

What Human Rights Can Be Relevant?

A claim may involve one or more rights protected through the Human Rights Act and the European Convention on Human Rights.

Depending on the circumstances, this can include rights relating to:

• life;
• freedom from torture or inhuman or degrading treatment;
• liberty and security;
• fair hearings;
• privacy and family life;
• freedom of expression;
• freedom of thought, conscience and religion; and
• protection from discrimination in relation to Convention rights.

Can a Failure to Act Breach Human Rights?

Potentially, yes. The Human Rights Act expressly provides that an act can include a failure to act.

Whether a failure by a public authority amounts to an unlawful interference with a protected right will depend on the legal duties involved and the particular facts of the case.

Who Can Bring a Human Rights Claim?

A person bringing proceedings under the Human Rights Act generally needs to be a victim of the alleged unlawful act.

This means that the person must be sufficiently affected by the conduct being challenged, rather than simply objecting to it in the abstract.

Is a Human Rights Claim the Same as Judicial Review?

No. A human rights claim and judicial review are related areas of public law, but they are not the same legal procedure.

A human rights issue may sometimes arise within judicial review proceedings, while in other circumstances a claim may be brought directly under the Human Rights Act or as part of other legal proceedings.

The appropriate route will depend on the nature of the decision or conduct being challenged and the remedy being sought.

What Remedies May Be Available?

The remedy available will depend on the court or tribunal dealing with the case and the circumstances of the particular claim.

Depending on the proceedings, the court may have powers to make orders, declarations or other forms of relief. Damages may be available in some Human Rights Act cases, but they are not automatic and will depend on the legal requirements of the claim.

Are There Time Limits for Human Rights Claims?

Yes. Proceedings brought directly under the Human Rights Act are generally subject to a one-year time limit beginning with the date of the act complained of, although the court may allow a longer period where it considers this equitable.

Different or shorter deadlines may apply where the human rights issue is being raised through another procedure, including judicial review, so legal advice should be sought as early as possible.

Human Rights Claims in Northern Ireland

If you believe that a public authority has interfered with your rights, P.A. Duffy & Co can assess what happened and advise on the legal options that may be available.

You can also read about challenging decisions made by public bodies, find out more about our public law and judicial review representation, or explore our wider Human Rights services.