How do I bring a claim under the Human Rights Act?
If you think your human rights protected by the Human Rights Act 1998 (HRA) have been violated, and wish to bring a claim under the HRA, your case must meet various conditions and you must comply with the procedure of the HRA. You may only bring proceedings under the HRA if you are, or would be, the victim of the human rights breach. If a breach of the HRA does not affect you personally it is unlikely you will be able to bring a claim. You can only bring a claim against a ȁc;public authorityȁd;. Bodies that fall under the definition of ȁc;public authorityȁd; include government departments, local authorities and health trusts as well as some private organisations carrying out public functions such as privately run prisons.
You can bring proceedings against an authority that has breached your rights under the HRA in two ways. Firstly you can claim directly as a free-standing action by way of judicial review in the appropriate court or tribunal. Secondly, you could rely on your human rights in any other legal proceedings involving a public authority in which you may already be involved.
As courts and tribunals are deemed public authorities they must comply with the HRA in making decisions. This means that although you cannot directly bring a claim against an individual or private body under the HRA, if you are able to make a claim against them based on other grounds either in common law or statute the court may then apply the HRA to your claim if appropriate.
Claims under the HRA must be brought within one year of the breach of your human rights. This time period can be extended at the court or tribunal's discretion. This time limit is subject to any other applicable time limits so, for example, if your action is an application for judicial review against a public authority then you must bring your application within three months.
Claims under the HRA are complex and you should seek detailed legal advice before considering bringing one.
For more information on how to bring a claim please see the HOW TO GET REDRESS section.
You can bring proceedings against an authority that has breached your rights under the HRA in two ways. Firstly you can claim directly as a free-standing action by way of judicial review in the appropriate court or tribunal. Secondly, you could rely on your human rights in any other legal proceedings involving a public authority in which you may already be involved.
As courts and tribunals are deemed public authorities they must comply with the HRA in making decisions. This means that although you cannot directly bring a claim against an individual or private body under the HRA, if you are able to make a claim against them based on other grounds either in common law or statute the court may then apply the HRA to your claim if appropriate.
Claims under the HRA must be brought within one year of the breach of your human rights. This time period can be extended at the court or tribunal's discretion. This time limit is subject to any other applicable time limits so, for example, if your action is an application for judicial review against a public authority then you must bring your application within three months.
Claims under the HRA are complex and you should seek detailed legal advice before considering bringing one.
For more information on how to bring a claim please see the HOW TO GET REDRESS section.
