About the Court of Protection

About the Court of Protection

If you have a family member, friend or neighbour who you think is having difficulties making decisions about their finance and property or their personal welfare, then they may need someone to be appointed to make these decisions on their behalf. The Court of Protection deals with these situations. What the Court of Protection does The Court of Protection was created under the Mental Capacity Act 2005. It makes decisions, and also appoints other people…

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An overview of anti-terror laws

An overview of anti-terror laws

Media coverage of events throughout the world, particularly the September 11th attacks in the US and the police operations both before and after the July 7th bombings in the UK, have brought terrorism into a political focus. Consequently, there is a wealth of anti-terrorism legislation in the UK, which has made significant changes to the law in relation to police investigations, police powers and prosecutions in terrorist offences. Since 2000, there have been five major…

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Are the police allowed to take and keep fingerprints and DNA?

Are the police allowed to take and keep fingerprints and DNA?

Fingerprints and DNA samples are forms of identification evidence, which the police may use to link a suspect to a crime or crime scene. However, it is important to be aware of the circumstances in which the police are able to take such evidence. Fingerprints A suspect’s fingerprints may be taken either with or without his consent under section 61 of the Police and Criminal Evidence Act 1984 (PACE); however, if the suspect is at…

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Can I be arrested for joining a public protest?

Can I be arrested for joining a public protest?

Protesting is seen as essential to a modern-day democracy and, therefore, you should not be arrested for staging a peaceful public protest so long as you do not break any laws. Thousands of people protest each year, usually against the government for certain legislation it is planning to implement. The most famous protest in recent years was the protest against the Iraq war, when over a hundred thousand people marched through the streets of London…

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Can I make a citizens arrest?

Can I make a citizens arrest?

What is a ‘citizen’s arrest’? An arrest is best left to the police. However, the law accepts that this is not always possible – hence, the law of ‘citizen’s arrest’. The law of citizen’s arrest starts with the premise that detaining another person is unlawful in itself. In England and Wales, the power to detain a person suspected of involvement in criminal activity is a statutory power laid down in section 24A of the Police…

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Citizens Advice Bureau

Citizens Advice Bureau

What is the Citizens Advice service? The Citizens Advice service is made up of two limbs: Citizens Advice Bureaux is the largest service in the UK offering free, confidential, impartial and independent advice and assistance throughout more than 3,500 locations in England and Wales – from high streets to doctors’ surgeries. Bureaux are manned by paid staff and volunteers. Citizens Advice is a registered charity and the membership base for bureaux. It establishes quality assurance…

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Citizens Advice Bureau

Citizens Advice Bureau

Citizens Advice Bureau Contact details for the Citizens Advice Bureau (CAB), which has a network of advice centres across the UK. It offers advice on a wide range of subjects from housing and health, to debt and consumer issues Find your nearest CAB officeOpens new window Citizens Advice Bureau Contact point Citizens Advice Bureau Address Myddelton House 115-123 Pentonville Road London N1 9LZ Phone number Admin office only 020 7833 2181 Fax 020 7833 4371…

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Civil rights been violated?

Civil rights been violated?

Civil rights is an umbrella term used for all of the rights an individual should have. The name derives from the concept of the citizen, and the rights that they should have regardless of state powers. There are many civil rights, and the civil rights movement has changed all sections of society in many different countries. In the UK perhaps the most iconic period for civil rights began with the suffragette movement which sparked a…

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Court of Protection hearings, Visitors and Deputies

Court of Protection hearings, Visitors and Deputies

Hearings for the Court of Protection are held at a central administration area in London, and in regional centres across England and Wales. You can find details for these below. There is also information for Deputies, and about who Court Visitors are and what they do. Hearing centres for cases The central administration (Registry) for the Court of Protection is based in Archway, North London. This is the hearing centre for cases heard in London…

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Data protection and identity theft

Data protection and identity theft

Data Protection What is the Data Protection Act? The Data Protection Act 1998 (DPA) controls how organisations, businesses and the Government (‘data controllers’) handles personal information and gives legal rights to individuals who have information stored about them (‘data subjects’). The DPA protects personal data stored in physical and electronic form. How does the Data Protection Act work? The DPA protects personal information in two ways: The DPA establishes rules, called ‘data protection principles’, which…

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Dealing with discrimination at work

Dealing with discrimination at work

If your discrimination happened at work, you may be able to take your case to an employment tribunal. The law says that you and your employer must follow a statutory grievance procedure (one set by law) before you can take your case to a tribunal. This means that you must send your employer a grievance, which is a letter saying why you believe you were discriminated against. You must normally do this within three months…

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Dealing with other types of discrimination

Dealing with other types of discrimination

You should take your claim to the county court if you have been discriminated against because of your sex, and it was about: buying or renting a house or flat; going to school or university; or buying and using goods or services. The Equal Opportunities Commission can give you help and advice. It can also advise you how to deal with a complaint, including going to a tribunal or to court. See ‘Further help’ for…

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Disability Discrimination Act 1995: what the law says

Disability Discrimination Act 1995: what the law says

The Disability Discrimination Act 1995 protects you against the discrimination you may face as a disabled person. The Act says it is discrimination if you are treated less favourably than someone else just because you have a disability, or for a reason that is to do with your disability. The law also says that employers, public authorities (such as your local council or the police), private clubs, schools, colleges and service providers must make ‘reasonable…

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Disability discrimination and employment tribunals

Disability discrimination and employment tribunals

If you want to bring a claim under the Disability Discrimination Act, you must send it on form ET1 to an employment tribunal office. You can get this form from an employment tribunal, a Jobcentre or the Equality and Human Rights Commission. The employment tribunal will accept your claim only if you use the correct form and include on it all the information they need. If your claim is because of treatment from someone you…

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Disability discrimination at school or college

Disability discrimination at school or college

The Disability Discrimination Act makes it unlawful to discriminate against disabled people who are: students; applying to a school or college; or potential applicants to a school or college. It also applies to former students of some types of educational institution for people aged over 16. This means that a school or college would be breaking discrimination laws if it, for example: refused to accept applicants with a visual impairment; refused access to a student…

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Disability discrimination at work

Disability discrimination at work

When you are applying for a job, an employer must not discriminate against you by treating you less favourably in deciding who should be offered the job, and in setting the terms of the employment contract. When deciding who should be offered the job, an employer must avoid discrimination in the: job description; ‘person specification’ (a description of the skills, experience and qualifications needed to do the job); application form; short-listing process; interviewing; and final…

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Disability discrimination by private clubs and associations

Disability discrimination by private clubs and associations

There are special rules for private clubs and associations that have 25 or more members. A private club is defined as one with a constitution that regulates admission to membership so that it is not open to all members of the public. Most sports clubs and gyms are not covered by the special rules, but are covered by the law relating to service providers. A club where members must go through a selection process (a…

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Disability discrimination by public authorities

Disability discrimination by public authorities

A public authority is an organisation ‘whose functions are functions of a public body’. This includes, for example: government departments; the Home Office; the Prison Service; local councils; NHS boards and trusts; the police; the Crown Prosecution Service; and the BBC. Some tasks and certain organisations are not covered by this part of the Disability Discrimination Act. However, these exceptions are complicated. If you believe a public authority has discriminated against you, you will need…

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Disability discrimination when buying and using goods and services

Disability discrimination when buying and using goods and services

‘Goods, facilities and services’ include things that are free, as well as those you pay for. The term covers many businesses and services, including: shops, including mail-order and internet shopping services; hotels, restaurants, bars and nightclubs; bus and railway stations, airports and leisure centres; bank accounts, loans, credit cards and insurance; government departments, courts, doctors and law firms; services offered by local councils, such as parks; trains, trams, taxis, mini cabs, most rental vehicles and…

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Disability discrimination when buying or renting a property

Disability discrimination when buying or renting a property

The law on discrimination against disabled people applies to most sorts of property, including houses and flats as well as business premises. However, it doesn’t cover certain types of property and arrangement, including small properties where: the landlord (or one of their close relatives) lives in the same building and shares some of the living accommodation (including a kitchen or bathroom, but not just a hallway or stairs) with the tenant; and the landlord (or…

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Discrimination – what are your rights?

Discrimination – what are your rights?

The law protects you from discrimination due to your age, gender, race, religion or beliefs, disability or sexual orientation. Find out where and how you are protected, and what to do if you have been discriminated against. Who is protected? Discrimination can happen in many different ways but you have rights to protect you By law people are protected from discrimination on the grounds of: race sex sexual orientation disability (or because of something connected…

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Discrimination because of your age

Discrimination because of your age

Under the Employment Equality (Age) Regulations 2006, it is unlawful for an employer or potential employer to discriminate against you at work because of your age. This includes: deciding not to employ you; dismissing you; giving you worse terms and conditions at work; not giving you training or a promotion; and not giving you the same benefits as people of a different age. You are also protected from harassment (see page 4) and victimisation (see…

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Discrimination because of your religion or beliefs

Discrimination because of your religion or beliefs

Under English law, you are entitled to practise your religion or hold beliefs, express your views and get on with your daily life without fear of threats or discrimination. This guide provides information about your legal rights and what to do if you are being discriminated against on the grounds of your religion or belief. Religion and belief You have the legal right to hold your own religious beliefs or other philosophical beliefs similar to…

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Discrimination because you are gay, lesbian or bisexual

Discrimination because you are gay, lesbian or bisexual

If you think you may have been discriminated against at work because you are gay, lesbian or bisexual, this guide will help you to understand your employment rights and how to exercise them. Sexual orientation ‘Sexual orientation’ is also known as sexuality or sexual preference. Your sexual orientation is determined by the sex or sexes you are sexually attracted to: Heterosexual people are attracted to the opposite sex Homosexual (gay and lesbian) people are attracted…

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Do human rights apply to convicted criminals?

Do human rights apply to convicted criminals?

The human rights enshrined within the European Convention on Human Rights (ECHR), which has been incorporated into UK law by the Human Rights Act 1998, apply to everyone, including convicted criminals. Some of these rights are absolute, such as the right not to be subjected to torture or inhuman and degrading treatment; however, some rights are subject to limitations and, if there is a good legal basis for doing so, they can be restricted. Consequently,…

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Freedom of information

Freedom of information

The Freedom of Information Act 2000 is a groundbreaking piece of legislation that provides the public with the right to access information held by public bodies. The Act came into force in full on 1 January 2005. The purpose of the Freedom of Information Act is to open up data held by public bodies to public scrutiny. Before the Act there was a voluntary code for information sharing, but following the approval of the Act…

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Further help >> Equal Opportunities

Further help >> Equal Opportunities

Equality and Human Rights Commission In England Disability Helpline phone: 08457 622 633 textphone: 08457 622 644 Helpline for other types of discrimination phone: 0845 604 6610 textphone: 0845 604 6620 In Wales Helpline phone: 0845 604 8810 textphone: 0845 604 8820 Advisory Centre for Education (ACE) For advice on discrimination in schools Helpline open Monday to Friday 2 to 5pm phone: 0808 800 5793 The Advisory, Conciliation and Arbitration Service (ACAS) To find your…

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Further help >> Racial Discrimination

Further help >> Racial Discrimination

Community Legal Service Direct Provides free information direct to the public on a range of common legal problems. Call: 0845 345 4 345 If you qualify for legal aid, get free advice from a specialist legal adviser about benefits and tax credits, debt, education, employment or housing. Also find a high quality local legal adviser or solicitor. Click: http://www.communitylegaladvice.org.uk/ Find a high quality local legal adviser or solicitor, link to other online information and see…

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Going to a special educational needs and disability tribunal (Sendist)

Going to a special educational needs and disability tribunal (Sendist)

If you have a disabled child who you think has suffered unlawful discrimination, you can normally make a claim to a special educational needs and disability tribunal (Sendist). This tribunal can order the discrimination to stop, but it cannot order financial compensation. However, if your complaint is about your child being refused admission to, or being permanently excluded from, a local authority-run school, you must complain to the local authority, not Sendist. If you want…

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Going to an employment tribunal

Going to an employment tribunal

You can take your case to an employment tribunal if: you have been through the grievance or disciplinary procedure but are unhappy with the result; your employer hasn’t followed the grievance or disciplinary procedure properly; or the grievance or disciplinary procedure does not apply to your case. In all these cases, you must also have put in your grievance to your employer at least 28 days ago. The cost of going to a tribunal can…

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Going to an employment tribunal >> Racial Discrimination

Going to an employment tribunal >> Racial Discrimination

If you want to make a complaint under the Race Relations Act, you must send your complaint either on form ET1 or in a letter to the Regional Office of Employment Tribunals. You can get this form from: Jobcentres; the CRE; or a local employment tribunal. You must make your complaint within three months, less one day, from the date when the discrimination first happened. If you use the employer’s internal grievance procedure, the time…

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Going to court

Going to court

If you want to take a case to court, you must start your case within six months minus one day from when the discrimination happened. You can take a case to court if the disability discrimination is about: education at college or university; providing goods and services; a public authority; a private club; or selling, renting or managing property. The court can give you copies of the claim form N1 and more information about procedures….

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Going to court >> Racial Discrimination

Going to court >> Racial Discrimination

If you want to take a case to a county court, you must start your case within six months less one day from the date when you first knew about the discrimination. There are specially selected courts for dealing with discrimination cases, which can give you copies of the claim form (N1) and more information about procedures. You should be able to get details of the courts that deal with discrimination cases from: any county…

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How does the Human Rights Act work?

How does the Human Rights Act work?

What is the Human Rights Act? The Human Rights Act is a UK law that was passed in 1998. The law was designed to ensure everyone in the UK is treated fairly and with respect.  It was written using the articles of the European Convention on Human Rights. The law ensures those rights guaranteed by the European Convention are followed in the British justice system. What rights does the Human Rights Act protect? The Human…

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Human rights

Human rights

Anyone who is in the UK for any reason has fundamental human rights which the Government and public authorities are legally obliged to respect. These became law as part of the Human Rights Act 1998. Human Rights Act The Human Rights Act 1998 gives further legal effect in the UK to the fundamental rights and freedoms contained in the European Convention on Human Rights. These rights not only impact matters of life and death, they…

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Human Rights Act: Further help

Human Rights Act: Further help

For general information on the Human Rights Act, see the Liberty guide “Your Rights”, which is available from public libraries, or log onto Liberty’s website. If you want help on a particular human rights issue, you can contact the Liberty legal help line. It is available Monday and Thursday 6:30pm to 8:30pm and Wednesday 12:30mp to 2:30pm. Email Liberty at info@liberty-human-rights.org.uk Phone: 0845 123 2307 The Community Legal Service has been set up to help…

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Human Rights Act: Introduction

Human rights in the workplace

Human rights in the workplace

Your human rights are protected by the law. If your employer is a public authority, they must follow the principles of the Human Rights Act. Read about your human rights at work and what to do if you think they’ve been breached. The Human Rights Act The Human Rights Act was introduced in October 2000. It’s based on the European Convention on Human Rights and adds protection for workers’ rights and freedoms. Provisions within the…

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Introduction

Introduction

This guide will help you to classify toys, games and sports equipment correctly. These commodities are covered in Chapter 95 of the Tariff. This guide covers toys, games and sports equipment for children and adults, including: indoor and outdoor games toys and items for the amusement of children and/or adults equipment for sports, gymnastics, and athletics requisites for fishing, hunting and shooting See our detailed guide on classifying toys, games and sports equipment for more…

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Introduction to sex discrimination

Legal Ombudsman

Legal Ombudsman

The Legal Ombudsman was created under the Legal Service Act 2007 and set up by the Office for Legal Complaints. It began accepting complaints on 6 October 2010. The role of the Legal Ombudsman is to investigate and resolve complaints about the legal services provided by lawyers in England and Wales. The Legal Ombudsman is impartial and independent of the Government. Who can complain to the Legal Ombudsman? The Legal Ombudsman can accept complaints from…

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Making a complaint about a judicial office holder

Making a complaint about a judicial office holder

If you want to make a complaint about someone who holds a judicial office – a judge, a magistrate, a tribunal member or a coroner you can do this through the Office for Judicial Complaints (OJC). Complaints that the Office for Judicial Complaints deals with Office for Judicial Complaints Enquiry Line: 020 7189 2937 The OJCdeals with complaints about judicial office holders own personal conduct it does not deal with complaints about judicial decisions, or…

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Making a complaint against a private organisation

Making a complaint against a private organisation

Different industries can have different ways of dealing with complaints. Find out who to complain to about private companies, radio and television channels and advertising, and how to prevent unwanted emails, faxes and telephone calls. Industry ombudsmen Many industries have their own ombudsman scheme or other complaint-handling body. These provide independent and impartial means of resolving disputes outside the courts. Each ombudsman scheme operates under slightly different rules. In general though, an ombudsman will not…

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Making a complaint against a private organisation >> Seeking Redress

Making a complaint against a private organisation >> Seeking Redress

Different industries can have different ways of dealing with complaints. Find out who to complain to about private companies, radio and television channels and advertising, and how to prevent unwanted emails, faxes and telephone calls. Industry ombudsmen Many industries have their own ombudsman scheme or other complaint-handling body. These provide independent and impartial means of resolving disputes outside the courts. Each ombudsman scheme operates under slightly different rules. In general though, an ombudsman will not…

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Making a complaint against government or public bodies

Making a complaint against government or public bodies

If you want to complain about the behaviour of someone in government or a public body you need to contact the right people. There are organisations you can go to if you are unhappy with the way your complaint was handled. Government organisations and public bodies the Ombudsman deals with complaints about poor service, unfair treatment and administrative failures You can contact the Parliamentary and Health Service Ombudsman about UK government services or the NHS…

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Making a complaint against government or public bodies >> Seeking Redress

Making a complaint against government or public bodies >> Seeking Redress

If you want to complain about the behaviour of someone in government or a public body you need to contact the right people. There are organisations you can go to if you are unhappy with the way your complaint was handled. Government organisations and public bodies the Ombudsman deals with complaints about poor service, unfair treatment and administrative failures You can contact the Parliamentary and Health Service Ombudsman about UK government services or the NHS…

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Racial discrimination at school or college

Racial discrimination at school or college

It is against the law for a school or college to discriminate against or harass you or your child: in the terms on which it offers to admit your child; when deciding whether to exclude your child; or in the way your child is taught. The school or college must deal with any racial harassment or abuse by staff. It is also against the law for a local education authority to discriminate when assessing a…

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Racial discrimination at work

Racial discrimination at work

It is against the law for an employer to discriminate against you because of your race, when choosing someone for a job, and when deciding which staff will be: promoted; given benefits at work, such as training; disciplined; dismissed; or made redundant. It is against the law for an employer to discriminate in the following cases: When deciding who should be offered a job. This includes the job description, the ‘person specification’ (the description of…

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Racial discrimination when buying goods or services

Racial discrimination when buying goods or services

It is against the law for businesses or service providers to racially discriminate against or harass you by: refusing or deliberately failing to provide you with ‘goods, facilities or services'; or not providing goods, facilities or services of the same quality, on the same terms and in the same way as they would to other people. It covers things that are free, as well as those you pay for. It covers many businesses and services,…

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Racial discrimination when renting or buying a house or flat

Racial discrimination when renting or buying a house or flat

It is against the law for an estate agent or landlord to discriminate against you or harass you when they are selling or letting property. So, for example, an estate agent could not refuse to show you a property because of your colour, nor could a landlord refuse to let a house to a black family for the same reason. It is also against the law for landlords to discriminate racially in the way they…

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Racial harassment at work

Racial harassment at work

It is against the law for your employer or a colleague to racially harass you. If the person harassing you does not stop after you have asked them to, you should complain to your employer. Many employers treat racial harassment by their staff as a disciplinary offence, and they should discipline the person harassing you. If your employer does not do anything or does not do enough to prevent it, you can take a claim…

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Rights and obligations contacts

Rights and obligations contacts

There is a range of organisations and charities that offer advice and information on rights and obligations. Advicenow Advicenow brings together the best information on the law and your rights from a wide range of advice and information services. Advicenow Citizens Advice Bureau Free, confidential, impartialand independent advice on debtand consumer issues, benefits, housing, legal matters, employmentand immigration. Advisers can help fill out forms, write letters, negotiate with creditors and represent clients at court or…

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The articles of the Human Rights Act in detail

The articles of the Human Rights Act in detail

Here we explain what each article says. We also give examples of how they have been used in the past or how they might be used under the Human Rights Act. Bear in mind, though, that these are just examples, and the Convention rights can be used in many other ways. This says that the Government and public authorities must protect the right to life. It may mean that the police have to protect someone…

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The Equality Act 2010

The Equality Act 2010

The Equality Act 2010 received Royal Assent on 8 April 2010 and nearly all of its provisions are now in force and valid law in the UK. The Act was designed to harmonise the law and bring together the many different strands of law that existed in relation to disability and discrimination. It was also needed in order to ensure the UK’s compliance with an EU directive in relation to discrimination. The Equality Act states…

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The Human Rights Act

The Human Rights Act

The Human Rights Act 1998 covers many different types of discrimination – including some that are not covered by other discrimination laws. Rights under the Act can be used only against a public authority (for example, the police, a local council or Jobcentre Plus), and not a private company, or when it is connected to one of the other ‘articles’ (the specific principles) of the Human Rights Convention, such as the right to ‘respect for…

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The Human Rights Act >> Racial Discrimination

The Human Rights Act >> Racial Discrimination

The Human Rights Act protects against a wide range of discrimination – including many types that are not covered by other discrimination laws. However, you can only use it where an organisation’s action or decision breaches one of your rights under this Act, such as the right to ‘respect for private and family life’. Also, rights under the Human Rights Act can only be claimed against a public authority (for example, the police, a local…

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The Human Rights Act protocols in detail

The Human Rights Act protocols in detail

The protocols are new parts of the Convention, added since the Convention was first written. ‘Property’ has a very wide meaning. It can include shares, a pension, welfare benefits that you have contributed to by paying national insurance, or even the right to sue someone. The article says the Government or a public authority cannot take your property away from you unless the law states that it can and it is in the public interest…

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Transgender people

Transgender people

If you have had ‘gender reassignment’ (often called a sex change), you have some legal protection against discrimination. The Sex Discrimination Act was changed in 1999 to protect transgender people against direct discrimination and harassment in employment and work training. But these regulations don’t cover housing, education or services. The Act covers anyone who plans to go through, is going through, or has gone through gender reassignment. If you are discriminated against for one of…

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Types of discrimination

Types of discrimination

The law on equality talks about two types of discrimination. Direct discrimination, which is when you are treated less favourably because, for example, you are a woman, or of a certain age. Indirect discrimination, which can happen where there are rules or conditions, policies or practices at work that apply to everyone but disavantage one group of people more than others, without a good business reason. For example, a company rule that says that employees…

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Urgent and fast-track applications

Urgent and fast-track applications

Urgent and fast-track Court of Protection applications Applications to the Court of Protection need to be made using the relevant forms and supporting information. However, if you need to make an urgent application to the Court of Protection, or get them to fast-track a new or existing application, you will need to follow the guidance below. How and when to make an urgent application ‘urgent’ applications are ones where you need the Court to consider…

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What can I do if I think my rights have been breached?

What can I do if I think my rights have been breached?

The European Convention on Human Rights is an international legal document signed by many countries within Europe, which came into force on 3rd September, 1953. The convention is signed by all Council of Europe members, which includes the UK, all EU member states, and other countries including Turkey and Norway. The European Convention on Human Rights created several basic human rights that are believed to be the minimum rights that a human being can expect…

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What counts as a disability

What counts as a disability

The Disability Discrimination Act says that a disabled person is someone with a physical or mental ‘impairment’ that has ‘a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities’. A ‘substantial adverse effect’ is something that limits your ability in more than a minor or trivial way. Exactly how it limits your ability is important in deciding whether you count as disabled for the purposes of the law. If you…

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What do I need to know about sex discrimination?

What do I need to know about sex discrimination?

Two laws aim to make sure that men and women are treated equally: The Sex Discrimination Act 1975 (as amended 1986) makes it unlawful to discriminate against men or women in employment, education, housing or providing goods and services, and also in advertisements for these things. It’s also against the law, but only in work-related matters, to discriminate against someone because they are married or in a civil partnership. The Equal Pay Act 1970 (as…

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What happens when someone is sectioned?

What happens when someone is sectioned?

Under the Mental Health Act 1983 a person can be ‘sectioned’, meaning that they can legally be detained for compulsory assessment or treatment for a mental health problem. Who can be sectioned under the Act? If someone is experiencing severe mental distress; posing a risk of danger either to themselves or to someone else; and refusing to accept help or treatment, then the powers granted under the Mental Health Act can be applied to them….

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What is the ‘right to protest’?

What is the ‘right to protest’?

The right to protest is widely viewed as a fundamental democratic freedom, and one that is rightfully guarded in democratic societies. Protest allows individuals and groups the right to demonstrate a point of view, which may run contrary to the prevailing opinion, or to demonstrate solidarity with other groups or victims of an event. The right to protest is a legal right, enshrined in UK law by the European Convention on Human Rights. The European…

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What is the Court of Protection?

What is the Court of Protection?

The Court of Protection (COP) is a specialist court, created under the Mental Capacity Act 2005 that works to protect vulnerable people. It considers issues such as the property and affairs, healthcare and personal welfare of adults (and occasionally children) who lack capacity to make decisions for themselves. It can also decide whether or not an individual has capacity to make a particular decision. The COP can also appoint a ‘deputy’ to act for individuals…

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What rights to travellers and gypsies have?

What rights to travellers and gypsies have?

Under UK law, specifically the Race Relations Act 1976, English Romany Gypsies and Irish Travellers are recognised as ethnic minorities who have the right to protection under the law and to be protected from nuisance, harassment, discrimination and harm from others. This right applies equally to gypsies and travellers, as it does to the settled community. Indeed, gypsies and travellers are at the very least protected from discrimination under the Race Relations Act and the…

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What the law says

What the law says

The Race Relations Act 1976 (as amended by the Race Relations Amendment Act 2000) protects you from racial discrimination and harassment and gives you the right to challenge negative discrimination in the courts or at an employment tribunal. Taking someone to court or to a tribunal may change the way an organisation behaves so that in future it does not discriminate against other people. The Act also makes racial discrimination by public bodies (such as…

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What you can do about disability discrimination

What you can do about disability discrimination

If you have been discriminated against, first think about what you want to be done. Depending on how you were discriminated against, you may want: your job back; compensation; an apology; or a clear sign that an organisation won’t discriminate in the same way in future. Whatever you want, it is usually best to first try to sort out the matter with the person or organisation that has discriminated against you. You may want to…

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What you can do about discrimination

What you can do about discrimination

If you have been discriminated against, first think about what you want to be done. Depending on how you were discriminated against, you may want: your job back, if you think you were unfairly dismissed; compensation; an apology; or a clear sign that an organisation won’t discriminate in the same way in future. Whatever you want, it is usually best to first try to sort out the matter with the person or organisation that has…

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What you can do about racial discrimination

What you can do about racial discrimination

If you have been discriminated against, first think about what you want to be done. Depending on how you were discriminated against, you may want: your job back; compensation; an apology; or a clear sign that an individual or an organisation won’t discriminate in the same way in future. Whatever you want, you must try to sort out the matter first with the person or organisation that has discriminated against or harassed you. If the…

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When disability discrimination can happen

When disability discrimination can happen

Disability discrimination can happen in different ways. It can happen when: someone is treated worse (in legal terms, ‘less favourably’) than another person in the same situation because they are disabled, or for a reason to do with their disability; or an organisation does not take steps to remove or reduce the barriers that disabled people face. Discrimination can happen: at work; when buying or using goods, facilities and services; when dealing with a ‘public…

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When disability discrimination is allowed

When disability discrimination is allowed

In a few cases, an organisation would not be breaking the law by treating disabled people less favourably. This is if: your safety or that of other people would otherwise be put at risk; it would not otherwise be possible to provide the service, either to you or to anyone else. For example, it may be lawful for a tour guide to refuse to allow a person with severely impaired mobility on a tour of…

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When discrimination can happen

When discrimination can happen

Discrimination happens when someone is treated worse (‘less favourably’ in legal terms) than another person in the same situation. Discrimination may happen in many situations: At work – for example, a gay person might be refused a job without good reason, or be harassed by other employees. A woman might have a problem about equal pay, or the way she is treated if she is pregnant or has a child to care for. When you…

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When discrimination can happen >> Racial Discrimination

When discrimination can happen >> Racial Discrimination

Discrimination happens when someone is treated worse (‘less favourably’ in legal terms) than another person in the same situation. This leaflet deals with your rights if you are discriminated against because of your: race; colour; nationality; or national or ethnic origin. Throughout this leaflet, we use the words ‘race’ and ‘racial’ to cover all of these things. People may suffer discrimination in a number of situations. It can happen: at work; when buying or using…

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Where did the Human Rights Act start?

Where did the Human Rights Act start?

The Human Rights Act 1998 is a piece of statute legislation passed by the UK Parliament under the Labour Government of Tony Blair. The purpose of the Human Rights Act was to enshrine human rights law into UK law for the first time. Many of the provisions of the Human Rights Act 1998 are derived from the European Convention on Human Rights, which was created in September 1953 and is binding on members of the…

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Where your rights come from

Where your rights come from

The rights and responsibilities you have today come from a number of different sources. They can come through Acts of Parliament and laws made by judges, and some from European law. Together they form the British Constitution. The British Constitution The British Constitution is a set of rules of government. Some of the rules are about procedures such as how often elections must be held. Others are concerned with the amount of power held by…

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Which cases doesnt the Human Rights Act cover?

Which cases doesnt the Human Rights Act cover?

Sometimes a court won’t be able to do anything about your rights being breached. The Human Rights Act doesn’t allow the courts to overrule an Act of Parliament. If the courts can’t interpret or apply a particular Act of Parliament in a way that respects or fits in with people’s Convention rights, all they can do is make what’s called a ‘declaration of incompatibility’. The Government and Parliament then have to decide if the law…

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Your civil rights: an introduction

Your civil rights: an introduction

Find links to information about your rights and responsibilities depending on your situation in life. For example, you might have different rights if you are married, if you are a parent or if you are a carer for someone who needs help. Couples living together Although cohabitants are given legal protection in several areas, they have significantly fewer rights and responsibilities than couples who are married or who have formed a civil partnership. There is…

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Your rights: an introduction

Your rights: an introduction

Find links to information about your rights and responsibilities depending on your situation in life. For example, you might have different rights if you are married, if you are a parent or if you are a carer for someone who needs help. Couples living together Although cohabitants are given legal protection in several areas, they have significantly fewer rights and responsibilities than couples who are married or who have formed a civil partnership. There is…

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