What Evidence Do I Need for a Human Rights Claim?

The evidence needed for a human rights claim will depend on the right involved, the public authority concerned and the decision, action or failure to act being challenged.

There is no single list of documents required for every human rights case. The evidence should help establish what happened, which public authority was involved, how you were affected and why the conduct may have interfered with a protected right.

What Documents May Be Important?

Depending on the circumstances, relevant documents may include:

• letters and emails from the public authority;
• formal decisions, notices or reports;
• complaint correspondence and responses;
• medical or healthcare records;
• education or social care records;
• policies, procedures or guidance relied upon by the public body;
• photographs, recordings or other contemporaneous material; and
• documents showing how the decision or conduct affected you.

Do I Need Evidence of the Public Authority's Decision?

Where your claim concerns a particular decision, it can be important to keep the written decision and any reasons given for it.

Correspondence before and after the decision may also help show what information the public authority had, what concerns were raised and how the authority responded.

If the complaint concerns a failure to act, records showing requests for action, follow-up correspondence and the public body's response may be particularly relevant.

Can Witness Evidence Be Used?

Yes. Witness evidence may be important where other people saw what happened, were involved in communications with the public authority or can provide relevant information about the effect of the alleged interference with your rights.

The importance of witness evidence will depend on the nature of the case and the issues in dispute.

Do Medical Records Matter in a Human Rights Claim?

Medical or healthcare evidence can be relevant where the alleged breach concerns physical or psychological harm, healthcare, detention, treatment by a public authority or the effect that the conduct has had on the person involved.

In appropriate cases, expert medical evidence may also be required, although this will depend on the issues that need to be established.

Why Is Evidence of the Impact on Me Important?

A person bringing proceedings under the Human Rights Act generally needs to show that they are a victim of the alleged unlawful act.

Evidence showing how the decision, action or failure to act affected you can therefore be important. This may include records of financial loss, changes to family or private life, medical evidence, correspondence or other material showing the practical consequences of what happened.

Should I Keep a Record of Events?

Yes. Keeping a clear record of important dates, conversations, decisions and correspondence can make it easier to understand the sequence of events.

It may be useful to retain copies of emails, letters, reports and other documents rather than relying only on memory, particularly where a dispute develops over what happened or when events occurred.

What If I Do Not Have All the Evidence?

You do not necessarily need to have every relevant document before speaking to a solicitor.

A solicitor can review the information you already have, identify what additional evidence may be important and advise on whether further records or documents should be obtained.

Evidence for Human Rights Claims in Northern Ireland

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

You can also read about bringing a claim against a public authority, find out about challenging a public body decision, or explore our wider Human Rights and Public Law services.