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KembaraXtra – Legal Terms – Public Authorities
Under section 6 of the Human Rights Act 1998, public authorities are bodies required to act compatibly with the rights protected by the European Convention on Human Rights. Public authorities include government departments, local authorities, courts, tribunals, police forces, and other public institutions exercising governmental powers. If a public authority acts incompatibly with Convention rights, affected individuals may seek legal remedies under section 7 of the Act. The concept is central to the operation of human rights law in the United Kingdom because it determines which bodies are legally bound by Convention obligations.
Difficulties sometimes arise when private organizations perform public functions. Courts have had to determine whether such bodies should also be treated as public authorities for human rights purposes. In YL v Birmingham City Council [2007], a private care home was held not to be a public authority, although legislation later changed the position for care homes. In contrast, housing associations performing public housing functions have been recognized as subject to the Human Rights Act in certain circumstances. The law therefore distinguishes between purely private activity and private bodies exercising functions sufficiently public in nature to justify human rights obligations.
Under section 6 of the Human Rights Act 1998, public authorities are bodies required to act compatibly with the rights protected by the European Convention on Human Rights. Public authorities include government departments, local authorities, courts, tribunals, police forces, and other public institutions exercising governmental powers. If a public authority acts incompatibly with Convention rights, affected individuals may seek legal remedies under section 7 of the Act. The concept is central to the operation of human rights law in the United Kingdom because it determines which bodies are legally bound by Convention obligations.
Difficulties sometimes arise when private organizations perform public functions. Courts have had to determine whether such bodies should also be treated as public authorities for human rights purposes. In YL v Birmingham City Council [2007], a private care home was held not to be a public authority, although legislation later changed the position for care homes. In contrast, housing associations performing public housing functions have been recognized as subject to the Human Rights Act in certain circumstances. The law therefore distinguishes between purely private activity and private bodies exercising functions sufficiently public in nature to justify human rights obligations.
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