If you are being treated unfairly and think it may be a human rights issue, it is important to understand whether the Human Rights Act applies to the individual or organisation causing the problem.

The Act applies to:

• all public authorities, and
• all other bodies, whether public or private, performing public functions

Public authorities include:

• government departments
• courts and tribunals
• local authorities
• police, prison and immigration officers
• schools (or in Scotland, education authorities) if publicly funded.
• ombudsmen
• public prosecutors
• NHS trusts, health boards and hospitals, and
• many other organisations which have been set up by the law, like the Information Commissioner’s Office and the General Medical Council.

Public authorities like NHS hospitals or the police must follow the Human Rights Act in everything they do. This also includes the private aspects of their business, like making employment contracts.

Private organisations or charities that carry out public functions could include, for example:

• privatised utilities like water companies, British Gas and Network Rail
• a security company running a private prison
• housing associations that act as social landlords
• private care homes providing care on behalf of a local authority, and
• private hospitals providing care on behalf of the NHS.

Private organisations or charities only have to follow the Human Rights Act when they carry out their public functions.