‘’Can public bodies be held accountable for unlawful decisions?’’
‘‘Yes. Public authorities must act lawfully, fairly, and respect the rights of the people affected by their decisions and actions. Where a public body exceeds its powers, fails to follow the law, breaches someone's human rights, or fails to carry out its duties properly, there may be legal action that can be taken to hold it accountable. The options available will depend on the circumstances and the type of public authority involved.’’
Understanding your legal position
Public authorities make decisions and exercise powers that can have a profound impact on people's lives. This includes organisations such as local authorities, the police, the Home Office, prisons, probation services, government departments, and other bodies carrying out public functions. With those powers comes responsibility, and public authorities are expected to act lawfully, fairly, and in accordance with their legal duties.
In some cases, things go wrong. A public authority may make an unlawful decision, fail to protect someone from harm, breach an individual's human rights, detain someone without lawful authority, or fail to properly investigate serious concerns. When this happens, there may be legal options available to challenge what has happened and hold the organisation accountable.
Claims against public authorities can arise in a wide range of circumstances. These may include failures by local authorities to safeguard children, failures by state bodies to protect victims of trafficking, unlawful arrest or false imprisonment by the police, unlawful immigration detention, human rights breaches affecting prisoners, unlawful deprivation of liberty in care settings, and failures by public bodies that have contributed to a death being investigated through an inquest.
From a legal perspective, there are several ways a public authority may be challenged. In some cases, it may be possible to bring a claim for compensation where an individual has suffered harm because of unlawful actions or failures. In others, a challenge may focus on ensuring that a public body follows the law correctly or reconsiders a decision that has been made unlawfully.
Public authorities also have obligations under the Human Rights Act 1998. This means they must act in a way that is compatible with the rights protected by the European Convention on Human Rights. Depending on the circumstances, this may include rights relating to liberty, family life, privacy, protection from discrimination, access to education, and freedom from inhuman or degrading treatment.
In some situations, it may be appropriate to bring a judicial review. Judicial review is a legal process used to challenge the lawfulness of decisions made by public authorities. Rather than deciding whether a decision was simply right or wrong, the court will consider whether the decision was made lawfully, fairly, and in accordance with the public body's powers and duties.
Evidence is often an important part of establishing whether a public authority has acted unlawfully. This may include decision letters, assessments, policies, correspondence, witness evidence, medical records, or other documents that help explain what happened and the impact it has had.
It is important to seek legal advice as soon as possible. Different types of claims have different time limits, and some public law challenges must be brought very quickly. For example, judicial review claims generally need to be started promptly and, in most cases, within three months of the decision being challenged. Other claims, including some Human Rights Act claims, may have different limitation periods. Seeking advice early can help ensure important evidence is preserved and deadlines are not missed.
Not every decision made by a public authority will be unlawful, but public bodies are not above the law. Where powers have been misused, rights have been breached, or duties have not been fulfilled, there may be legal routes available to challenge what has happened and seek accountability.
If you believe a public authority has acted unlawfully, breached your human rights, abused its powers, or failed in its duties towards you or a loved one, our specialist Public Law and Human Rights team can review your circumstances and explain the options available to you. Call us on 0808 149 9561 for a free, no-obligation claims assessment and find out how we may be able to help.
