A council withdraws support without considering a family’s circumstances. A public hospital shares sensitive patient information without lawful justification. A police officer restricts a peaceful protest. These situations raise different questions, but each may involve section 6 of the Human Rights Act 1998.
Section 6 makes it unlawful for a public authority to act incompatibly with a right protected by the European Convention on Human Rights, subject to statutory exceptions. It turns human rights into duties shaping everyday public decisions.
What Section 6 Actually Requires
Under section 6(1), a public authority must act consistently with Convention rights given effect by the Human Rights Act. This applies to policies, individual decisions, operational conduct and, in some circumstances, failures to act.
The question is not simply whether a decision seems unfair. It is whether the conduct interferes with a protected right and, where interference is permitted, whether it is lawful and justified. Some rights, such as freedom from torture and inhuman or degrading treatment, are absolute. Others, including respect for private and family life, are qualified.
A restriction affecting a qualified right may be lawful if it has a proper legal basis, pursues a legitimate aim and meets applicable necessity and proportionality requirements. Section 6 does not make every disappointing decision a human rights violation.
Who Counts as a Public Authority?
The duty reaches government departments, local councils, police forces and NHS bodies. Courts and tribunals are expressly included under section 6(3). Their involvement helps ensure human rights receive consideration when disputes come before them.
The definition reaches beyond an organisation’s name or ownership. A private or voluntary organisation may be covered when carrying out functions of a public nature. Legislation specifically addresses some publicly arranged adult social care functions. Whether another contractor is covered depends on its function and the relevant law.
These are sometimes called hybrid public authorities. Section 6(5) distinguishes their public functions from genuinely private acts. An organisation does not become covered in every aspect of its business merely because one activity is public.
This distinction also matters when considering public law and judicial review.
Which Human Rights Must Be Respected?
Public authority human rights duties extend to Convention rights incorporated through the Act. A dispute might concern the right to life, freedom from inhuman treatment, liberty, a fair hearing, privacy, expression, assembly or protection against discrimination in the enjoyment of Convention rights.
Consider a housing decision involving a disabled resident. It may engage respect for private and family life, while equality duties and housing legislation pose additional questions. Identifying the actual right and its impact is more useful than invoking human rights in general terms.
When Can an Incompatible Act Still Be Lawful Under Section 6?
Section 6(2) contains a crucial limit. The section 6(1) prohibition does not apply if primary legislation left the authority no lawful alternative. It also does not apply where the authority was giving effect to or enforcing provisions that cannot be interpreted compatibly with Convention rights.
This is not a general excuse whenever legislation is mentioned. If the law allows discretion, officials must consider how to exercise it compatibly with protected rights. The exact wording of the statutory power matters.
Courts must interpret legislation compatibly with Convention rights so far as possible under section 3. Where incompatible primary legislation cannot be read that way, certain higher courts may make a declaration of incompatibility under section 4. Such a declaration does not itself invalidate the legislation.
Section 6(6) treats some failures to act as acts, while excluding specified failures concerning introducing legislation or making primary legislation or remedial orders. Section 6(3) excludes the Houses of Parliament and people exercising functions connected with parliamentary proceedings.
How the Duty Changes a Real Decision
Imagine a local authority planning to end a person’s home-care arrangement. The resident relies on support for daily living, and removal could seriously affect their private life. The council should identify relevant Convention rights, check the governing statute, consider individual circumstances and explain its decision.
The result is not automatically an entitlement to a particular care package. Resources, eligibility rules, professional evidence and statutory duties matter. Yet a blanket decision ignoring the person’s circumstances could face a stronger challenge than a reasoned assessment.
A practical step is to request the written decision, the policy relied upon and its reasons. Preserve correspondence and a timeline. Such evidence helps distinguish an arguable unlawful public act from disagreement over a decision’s merits.
Challenging Unlawful Public Acts
Section 7 allows someone who is, or would be, a victim of conduct made unlawful by section 6 to bring proceedings in an appropriate court or tribunal, or rely on Convention rights in existing proceedings. The correct route depends on the decision. Complaints, appeals and judicial review serve different purposes.
For a standalone claim under section 7(1)(a), the general limit is one year from the act complained of, unless a court or tribunal considers a longer period equitable. A particular procedure may have a shorter deadline. Judicial review deadlines can be especially urgent, so one year is not a universal waiting period.
Under section 8, a court can grant relief within its powers that it considers just and appropriate. This may include an order addressing an unlawful decision. Damages are not automatic: they must be necessary to afford just satisfaction and satisfy the statutory conditions.
Understanding the difference between judicial review, statutory appeals and a declaration of incompatibility can help identify the appropriate route.
Frequently Asked Questions
Does Section 6 apply to private companies?
Sometimes. A company carrying out a function of a public nature may be covered for that function, but its genuinely private acts are not automatically covered. Specific legislation can clarify particular sectors.
Is Section 6 the same as Article 6 of the Convention?
No. Section 6 of the Human Rights Act concerns unlawful conduct by public authorities. Article 6 of the Convention protects the right to a fair trial. They are separate provisions.
Can a public authority breach human rights by doing nothing?
Yes. Section 6 can cover failures to act, and some Convention rights impose positive duties in particular circumstances. Whether a duty arose depends on the facts and right.
Does a breach always lead to compensation?
No. A court may provide another remedy, and damages require separate assessment under section 8. Establishing a breach does not guarantee a financial award.
Conclusion
Section 6 Human Rights Act duties create a practical test for public power: who acted, which protected right was affected, what justification existed and whether legislation permitted another course. That framework matters to officials and the people questioning their decisions. Where Convention rights may be violated, the facts, statutory powers and time limits require prompt attention.