It is one of the most significant pieces of legislation in the UK and has a profound effect on the decision-making of all public bodies.
The Act applies to all public authorities that being: government departments, local authorities, fire and police authorities. It also includes NHS Trusts, the courts and armed forces and many other public bodies who carry out public functions.
The Act applies to all public authorities that being: government departments, local authorities, fire and police authorities. It also includes NHS Trusts, the courts and armed forces and many other public bodies who carry out public functions.
The whole organisation has to be compliant with the Act and all decisions, all policy and procedural documents will have to formulated to the rights afforded to the public.
THE HUMAN RIGHTS ACT 1998
The Convention Rights
Lists Articles and Protocols of this Act
Interpretation of Convention Rights
All courts and tribunals to take judicial notice of European Court of Human
Rights (ECHR) decided cases.
Acts of Public Authorities
It is unlawful for public authorities to act in a way incompatible with a Convention right. Public Authority includes courts, tribunals, police and fire and rescue authorities, and any person whose functions are of a public nature.
Parliamentary procedure
Government Ministers must make a statement of compatibility, that every bill to be passed to become an Act complies with the ECHR.
Public bodies must consider the following points:
1. The legality in law of their proposed action and whether the law is easily available to the public.
2. The pubic body must demonstrate that actions are taken proportionate to the problem, risk or issue they are dealing with.
3. Was the action strictly necessary?2. The pubic body must demonstrate that actions are taken proportionate to the problem, risk or issue they are dealing with.
4. Equality of access to information relevant in a trail.
5. Is there an independent public remedy available to the citizen?
Cases confirmed as admissible under the ECHR including:-
Awarding grants
Contracts
Failure to educate
Equal Opportunities policies
Treatment in hostels, children’s homes and elderly persons’ homes
Community care issues
Children’s rights
Case conferences
Sexual, racial or religious discrimination
Relating private correspondence to a third party
Failure to maintain or repair a council house
Complaint investigations
Debt recovery and evictions
Investigating racial / sexual discrimination
Enforcement activities
Failure to issue an enforcement notice against the perpetrator of a statutory nuisance
Handling insurance claims
CCTV and video surveillance
Public consultation
Email and other correspondence monitoring.
UK Law
There are four main grounds where the courts should supervise and control the decisions of public bodies as follows:-
1. Illegal or ultra vires decisions made beyond the power of the authority
2. Irrationality or unreasonableness in decisions
3. Procedural impropriety or breach of the rules of natural justice
4 Decisions which are incompatible with the Human Rights Act 1998
Wednesbury Reasonableness
This rule sets out logical and precise guidelines for all managers in the Public Sector. When deciding a case courts should look at the following attributes:
1. matters taken into account that ought not have been, or
2. that they refused or neglected to take into account matters which it ought to take into account, or
3. made a decision that is so unreasonable that no reasonable organisation would have come to it.
1. matters taken into account that ought not have been, or
2. that they refused or neglected to take into account matters which it ought to take into account, or
3. made a decision that is so unreasonable that no reasonable organisation would have come to it.
The Wednesbury case remains as the outstanding authority on the reasonableness of decision making for statutory authorities.
Questions for public bodies to ask before carrying out an action:
Ethical decisions
1. Is it legal?
Will I be violating either civil or criminal law, policy, or be ultra vires?
2. Is it balanced?
Is it fair to all concerned in short and long term?
Does it promote win - win situations?
3. How will it make me feel about myself?
Will it make me proud?
Human Rights Considerations
* Which Article or Articles are relevant?
* Does this decision interfere with those Article rights?
* Who is the victim?
* Is that interference legitimate?
* Does this decision concern a person’s private rights or lay down procedures for determining cases?
* Does this decision affect a person’s physical or mental health?
* Does this decision affect a person’s private or family life?
* Does this decision affect a person’s freedom of expression/ religious observance?
* Does this decision affect a person’s possession/ property?
* Does this decision affect someone’s ability to carry on their trade or profession?
* Is there a risk of discrimination involving other rights?
Victims must be directly affected by the decision / action of the public body.