When a council, police force, hospital or government department treats someone unfairly, the question is not simply whether the decision feels unjust. Discrimination by public authorities in the UK can engage several legal duties, each with a different test and route to challenge. Understanding those differences helps people decide what to do next.
In England, Scotland and Wales, the starting points are the Equality Act 2010 and Human Rights Act 1998. The first addresses prohibited discrimination; the second protects Convention rights against unlawful action by public authorities. A separate equality duty requires decision-makers to consider equality impacts.
Which organisations count as public authorities?
Public authorities include councils, government departments, police forces, NHS bodies and many state education providers. Certain private or voluntary organisations can also be covered when performing functions of a public nature. The Equality Act regulates both public-facing services and public functions. The nature of the particular activity matters: a contractor’s purely private work is not automatically a public function.
How the Equality Act protects people
Section 29 of the Equality Act covers discrimination in services and public functions. Unlawful conduct can include refusing a service, offering it on worse terms or exercising a public power unfairly because of a protected characteristic. Examples of public functions include licensing decisions and police powers.
Protected characteristics and legal tests
Protected characteristics include race, disability, sex, religion or belief, sexual orientation, age, gender reassignment, and pregnancy and maternity. Coverage and exceptions vary; for example, age discrimination rules for services and public functions generally exclude people under 18.
Direct discrimination involves less favourable treatment because of a protected characteristic. Indirect discrimination can arise when a seemingly neutral policy puts people sharing a characteristic at a particular disadvantage and is not justified as a proportionate means of achieving a legitimate aim.
Disability cases may involve discrimination arising from disability or a failure to make reasonable adjustments. These are distinct tests. Requiring every applicant to use an inaccessible online form, for instance, could raise reasonable adjustment issues without anyone making an openly prejudiced remark.
Victimisation is another concern: a person must not face unlawful detriment because they made or supported a protected equality complaint. Protections against harassment also depend on the characteristic and setting.
What is the public sector equality duty?
Section 149 requires covered authorities, when exercising their functions, to have due regard to three needs: eliminating prohibited discrimination, advancing equality of opportunity and fostering good relations between relevant groups.
This duty concerns decision-making. Authorities must give genuine consideration to likely impacts, using sufficient information at the appropriate time. It does not guarantee every person their preferred outcome, and an unpopular policy does not automatically breach the law.
Imagine a council closing its walk-in advice centre and moving appointments online. Disabled residents might face particular access barriers. The council should consider those effects before deciding, including accessible alternatives. Consultation records and impact assessments may become evidence. Failure to give proper consideration could support a public law challenge even if an individual discrimination claim is harder to prove.
When does the Human Rights Act apply?
Section 6 of the Human Rights Act generally makes it unlawful for public authorities to act incompatibly with Convention rights, subject to statutory exceptions. Relevant rights may include respect for private and family life under Article 8 or freedom of religion under Article 9, depending on the facts.
Article 14 protects against discrimination in the enjoyment of other Convention rights. It is not a free-standing ban on all unequal treatment. The issue must fall within another Convention right’s scope, although a separate breach of that right is unnecessary.
Article 14 can cover a wider range of statuses than the Equality Act. Some differences in treatment can be justified, so courts examine whether there is an objective and reasonable justification. A housing allocation decision might therefore raise Equality Act duties, equality-impact obligations and a human rights argument, but each requires its own analysis.
How to challenge suspected discrimination
Identify the precise act: a refusal, policy, service failure or decision. Keep letters, emails, dates, accessibility requests and relevant policies. Record explanations given and the remedy you want, whether reconsideration, an adjustment or compensation.
A written complaint can request reasons and a practical solution. Depending on the service, an appeal, independent reviewer or ombudsman may be available. Those processes can help, but they generally do not stop legal deadlines running.
An individual Equality Act claim involving services or public functions generally goes to the county court in England and Wales or the sheriff court in Scotland. Remedies can include compensation and orders addressing unlawful conduct. A public law challenge to the legality of a decision, including compliance with the public sector equality duty, may require judicial review.
Judicial review examines legality rather than whether a judge would have chosen a better policy. It can result in an unlawful decision being set aside for reconsideration. Human Rights Act claims can sometimes be brought alongside other proceedings.
Deadlines and differences across the UK
For many non-employment Equality Act claims in Great Britain, the usual deadline is six months less one day from the act, with limited scope for extension. Judicial review requires prompt action, commonly within three months, and some cases have shorter limits. Standalone Human Rights Act claims ordinarily have a one-year limit, subject to exceptions. Getting legal advice early matters because complaint procedures usually do not pause these clocks.
Northern Ireland has a different framework. The Equality Act 2010 generally does not apply there; separate anti-discrimination legislation and section 75 of the Northern Ireland Act 1998 establish relevant duties. The Human Rights Act also applies. Procedures and remedies should be checked locally.
Frequently asked questions
Can a council contractor discriminate unlawfully?
Yes. Equality Act duties may apply to its services or public functions, and Human Rights Act obligations may apply when it performs a public function. Whether each duty applies depends on the activity.
Does every unfair council decision breach equality law?
No. Poor administration and unlawful discrimination are different. A claim needs facts showing how a particular legal duty was breached.
Can a public sector equality duty breach lead to compensation?
Not ordinarily on its own. Judicial review may address an unlawful decision. Compensation may be possible under a separate, established discrimination or human rights claim.
Where can someone seek help?
Citizens Advice, the Equality Advisory and Support Service and solicitors specialising in public law or discrimination can explain options. Northern Ireland residents can also consult the Equality Commission for Northern Ireland.
What matters most
Public authority discrimination is best assessed in layers: identify the activity, test the treatment under equality law, examine whether equality impacts were properly considered and ask whether a Convention right is engaged. Useful evidence and the correct legal route matter as much as the strength of the complaint itself.