Conviction

Liability of public authorities

Public authorities include different organisations like the government, police, emergency services, local authorities, schools, housing authorities, the Ministry of Defence, and NHS bodies. They have specific responsibilities to the public and can be held accountable if they cause harm to someone.

For example, if a public authority fails to maintain a safe road and someone gets hurt as a result, the authority can be held responsible for not fulfilling its duty to keep the public safe.

Public authorities can also be held liable for their actions as employers. If an employee of a public authority gets injured because the authority didn't follow safety rules, they can be held accountable for their negligence.

So, public authorities have both private and public liabilities. It means that if they harm someone in a private setting, like in the workplace, they can be treated like any other organisation in terms of legal responsibility.

Bringing a claim against a public authority

Negligence

The Supreme Court has explained some important rules when it comes to cases involving public authorities:

• Public authorities have a duty to avoid doing things negligently, as long as the harm that may happen was something they could have expected.
  

• Usually, the law doesn't make public authorities responsible for harm caused by someone else, unless:
  

• The authority had control over that person and could have foreseen the harm, or
  

• The authority took responsibility for someone's safety, and that person trusted them, and the harm could have been expected.
  

When deciding if a duty of care exists, the Supreme Court follows these guidelines:

• If there is already a rule or decision in a similar situation, the court should follow it unless there's a good reason to change it.
  

• In a new situation where there's no clear rule, the court looks at existing laws and cases that are similar and tries to keep the law consistent and fair.
  

• The court weighs the reasons for and against holding someone responsible and decides if it's fair and reasonable to expect them to have a duty of care.
  

Usually, the court follows existing legal principles instead of using one fixed rule for all cases. They don't base their decisions only on what they think is right for the public but also consider the established rules of the law.

Statutory duty

Sometimes, when people want to make a legal claim against a public authority, they usually do it based on negligence. But there are also specific laws that can give them the right to bring a private legal action. One example is section 41 of the Highways Act 1980, which says that the authority must take care of maintaining the roads. If someone gets into an accident on a road, they need to check if there is a specific law that applies and if they can take legal action based on that law.

Other remedies

If someone believes that a public authority has done something wrong or unfair, they have different options to try and get justice. They can make a claim saying that the authority didn't do their job properly or didn't follow the rules. They can also ask for a judicial review, which means asking a judge to check if the authority acted legally. Another option is to use the Human Rights Act, which gives individuals rights against public authorities if their rights under the European Convention on Human Rights have been violated. So, there are different ways to challenge the actions of a public authority and seek justice.

Claims under the Human Rights Act 1998

If someone can't sue a local authority for not doing their job or breaking the law, they may still have another way to hold them accountable. They can use the Human Rights Act, which says that it's illegal for a public authority to act in a way that goes against someone's rights. To make a claim, they need to show that the authority is a public authority, they have been harmed, the authority violated their rights, the claim is not too late, and they would have had a better outcome if their rights weren't violated, and it's fair to give them compensation. This can be helpful when other options don't work, like in cases of medical mistakes where the duty to protect patients includes preventing them from harming themselves.

Military Claims

Members of the armed forces have the right to sue the Ministry of Defence (MOD) if they get hurt or die while serving. They can make a claim for things like negligence, when someone didn't take proper care and caused the injury, breaking the law, or violating their human rights. However, they can't usually sue for injuries that happen during combat because of something called combat immunity.

Some common injuries that can be claimed in military cases include foot injuries from cold weather, hearing loss from loud noises, PTSD from traumatic experiences, mental health problems from bullying or harassment, and injuries from military training.

Claims against the police

The Police Act 1996 says that the Chief Constable of a police force (or the Commissioner of Police in London) is responsible for the actions of police officers while they are doing their job.

Different people can make a claim against the police, including:

• People who were victims or witnesses of a crime
  
• People who gave information to the police
  
• People who are suspected or found guilty of a crime
  
• Other people involved in a crime
  
• Police officers themselves as employees
  

Normally, the police have a duty to take care and prevent crime, but there are some cases where they might not be responsible for things done by others unless there are special circumstances or they have taken responsibility for the situation.

Sexual abuse claims

Sometimes people come forward with claims of abuse long after it happened. In cases of sexual abuse, it's common for the issue of time limits to be discussed at the same time as who is responsible and what harm was caused. This way, the person making the claim doesn't have to tell their story more than once.

In certain situations, people wonder if a local authority (like a government agency) has a duty to take care of a child. For example, if a child is under their care or if they know the child is being harmed by their parents. A local authority may have a legal duty to take care of children and provide social services as required by the law. Places like schools, care homes, and hospitals also have a special responsibility to protect those in their care. If they hire someone who then does something wrong, like abusing a child, the employer can be held responsible for the employee's actions.

False imprisonment

False imprisonment happens when someone is completely taken away and held against their will without any legal reason. People usually make claims against a public organisation, like the police or the government, that has the power to detain or hold people. False imprisonment is a type of wrongdoing where the person responsible can be held liable, even if they didn't mean to do it.

Misfeasance in public office

Misfeasance in public office is a legal term that is rarely used in personal injury cases. It only applies to public authorities like government officials or organisations. Basically, it comes into play when a public official intentionally does something wrong or doesn't do something they should have done, knowing it could cause harm. The reason we have this legal concept is to make sure that those in power use their authority for the benefit of the public and not for their own selfish reasons. It helps prevent the abuse of power by holding those responsible accountable for their actions.