Taking legal action about human rights

Summary

Taking court action can be a long and stressful process. It can also be expensive. It’s important to keep in mind that if you lose the case in court, you may have to pay the other side's legal costs which could be high. If you’re thinking about taking court action, you should talk to an adviser. Remember you can only take action under the Human Rights Act against a public authority. The Human Rights Act says only the victim of a human rights breach can take legal action under the Act. You’re likely to be a victim if you’re personally affected by the decision or act you’re complaining about, or if you’re likely to be personally affected by it. You must make your application to the court within a year of the act you’re complaining about. But there may be stricter time limits depending on the court action you take. For example, if you make an application for judicial review, the time limit is three months. The courts can allow an application outside the one year time limit if they think it’s fair to do so. But you would have to show you have a very good reason for bringing your case outside the time limit. If you want to bring a case under the Human Rights Act you need to decide.

Key information

• More about public authorities
• financial compensation or damages
• an order that the public authority should do something - this is called an injunction.
• order the public authority to do something - this is called a mandatory order
• order the public authority not to do something - this is called a prohibiting order.
• More about using a solicitor
• More about help with legal costs
• Taking action about human rights
• Who's breaching your human rights
• More about the EASS helpline
• www.equalityhumanrights.com
• www.publiclawproject.org.uk

Practical guidance

• Source: Taking legal action about human rights

Related topics

More in this area

• Civil rights
• Complaining to an ombudsman
• Who's breaching your human rights?
• Your right not to be tortured or treated in an inhuman way
• Sort out your legal problem before or instead of going to court