Can I take legal action against my council?

You can take a case to court under the Human Rights Act if you are claiming that a public authority, such as a local authority, the police or the NHS, has violated one or more of your human rights. You may also be able to make a claim against other bodies carrying out public functions.

Can I sue local authority for negligence?

You may be able to sue a local authority, for example, for personal injury or negligence if they didn’t protect you properly when you were in care as a child. If you want to take legal action, get specialist legal advice. Depending on the sort of case, you might get legal aid.

Who is legally entitled to take legal action?

In this section we look who is legally entitled to bring a litigation case. This will depend on the type of court, the country the claim is being brought in, and the subject matter of the case. Civil and administrative cases are those cases that are based on civil or public law.

When to bring legal action against a government?

Actions could be brought against a State body when you are challenging the following: (i) Government Policy or Law. If there is a government policy or law that has harmed you or interfered with your rights, you could bring legal action against: The government department that was responsible for creating the policy or law; or

When to take legal action for Human Rights?

You should consider other options first – see how you can protect your human rights without going to court. Bear in mind, however, that there are strict time limits for taking legal action (see below). Whatever you do, it’s best to act as early as possible. If you’re considering court action, you should get advice from an experienced adviser.

Can you use the Human Rights Act to defend yourself?

But they can help you if you are bringing a claim. If you face legal action from someone else, you may be able to use the Human Rights Act to defend yourself (for example in the criminal courts). What can I expect if I win my case? The way that a court enforces your right (known as a ‘remedy’) depends on the type of court action you’re taking.

In this section we look who is legally entitled to bring a litigation case. This will depend on the type of court, the country the claim is being brought in, and the subject matter of the case. Civil and administrative cases are those cases that are based on civil or public law.

Do you have to have standing to take legal action?

In other words, you need to check you have “standing” to bring the action (also known as “locus standi”). If the court finds that you don’t have standing, it may reject your case, and then no decision would be taken on the merits (the substance) of your claim.

Who can take legal action to protect the Bill of Rights?

Virtually anyone can bring an action to protect a provision of the Bill of Rights which includes, among other rights, the right to an environment not harmful to health and well-being, right to housing, health, sufficient water and food.

When to take legal action in a land dispute?

Even if you are affected by a dispute over land, in many cases you can only bring a legal action if you have a sufficiently close connection with the land or the damage or wrong concerned (called “standing”in legal terminology). For more details on “standing” and related matters, see: “ Who can take legal action?