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Public Law and Human Rights FAQs and Resources
Understanding your rights and how to challenge decisions made by public bodies can feel complex, particularly when you are already dealing with a difficult or urgent situation.
This page brings together answers to the most common questions we are asked, covering public law, human rights and the different ways decisions can be challenged.
If you cannot find the answer to your question, our Public Law and Human Rights team is available to provide clear, tailored advice based on your situation.
To speak to our team, please call 0117 939 0350 or email info@watkinssolicitors.co.uk.
Plain English explanations of public law, human rights and judicial review.
Support where strict deadlines or immediate risks may apply.
Experience across Public Law, Education, Family and Human Rights.
Guidance on whether Public Law Legal Aid may be available.
Select any question below to read the answer. More than one answer can remain open at the same time.
A public body is an organisation that carries out public functions or makes decisions affecting the public. This includes local authorities, government departments, NHS bodies, regulators and some private organisations performing public duties.
Public law governs how public bodies make decisions and exercise their powers. It ensures decisions are lawful, fair and made properly.
Human rights are basic rights and freedoms protected by law, including the right to family life, housing, liberty and protection from discrimination. Public bodies must respect these rights when making decisions.
The Human Rights Act 1998 sets out fundamental rights that public bodies must follow. If a decision interferes with these rights without proper justification, it may be challenged.
The Equality Act 2010 protects individuals from discrimination and requires public bodies to consider how their decisions affect different groups.
Yes, in many cases. Decisions can be challenged where they are unlawful, unfair, delayed or made without following the correct process.
No. Judicial review is one option, but in some cases an appeal, complaint or review process may be more appropriate. We will help you identify the best route.
Decisions can be challenged across a wide range of areas, including:
Yes. Charities, community groups and organisations can bring claims where there is a wider public interest, particularly in cases involving systemic issues or unlawful policies.
Time limits are strict. Judicial review claims must usually be brought promptly and within three months. Some cases have shorter deadlines, such as planning matters.
Even within three months, delay can affect your case. Acting quickly is important to protect your position.
You should still seek advice. In some cases, time may run from a later decision or ongoing failure.
Yes. In urgent situations, it may be possible to take immediate legal steps to prevent harm or pause a decision.
This depends on the type of case, but it may involve raising a complaint, submitting an appeal or sending a legal letter to the public body. If needed, court proceedings may follow.
Judicial review is a way of asking the court to check whether a public body has made a decision lawfully and fairly.
Not always. Many cases are resolved early, particularly where a public body agrees to reconsider its decision.
Timescales vary depending on the complexity and urgency. Some cases are resolved quickly, while others may take several months.
Most cases rely on documents such as decision letters, reports and records. Oral evidence is less common.
The decision may be cancelled and made again properly, or the public body may be required to take action or reconsider its position.
No. The court ensures the decision is made lawfully, but the public body usually makes the decision again.
Public law cases are mainly about correcting decisions. In some cases, a separate claim for damages may be possible.
Each case is different, but a successful challenge often leads to a fairer and more thorough decision-making process.
Funding depends on your circumstances. Options may include Legal Aid or private funding.
Legal Aid may be available, particularly in cases involving housing, education, care or immigration. We can assess your eligibility.
This depends on the funding arrangement. We will explain costs clearly at the outset.
There may be a risk of contributing to the other side’s costs. We will explain this clearly and help you understand how risks can be managed.
A claim may be possible where a family member has suffered harm because of serious failures in health or social care.
This may include unsafe care, failure to meet assessed needs, medication errors, inappropriate restraint or seclusion, safeguarding failures, unlawful restrictions on liberty, degrading treatment, physical injury or psychological harm.
The right legal route will depend on what happened, who was responsible, what evidence is available and what outcome is being sought.
We can help you understand whether there may be a claim and what steps may be available.
Yes. Human rights can apply where serious failures in health or social care affect a person’s dignity, safety, liberty, private life, family life or wellbeing.
These issues can arise from a formal decision by a public body, and from treatment and care provided.
Depending on the circumstances, a claim may involve rights under the Human Rights Act 1998, including the right to life, protection from inhuman or degrading treatment, liberty and security, and respect for private and family life.
We can advise on whether human rights issues may arise and whether a claim or another legal route may be appropriate.
Yes. We can advise and represent bereaved families at inquests involving deaths in, or following recent contact with, health and social care services.
This may include deaths connected with mental health services, inpatient mental health units, hospitals and NHS services, residential or nursing care homes, supported living services, community care services, local authority social care, autism treatment units, learning disability services or communication failures between health and social care bodies.
We can help families understand the inquest process, review evidence, prepare for hearings and consider whether any related public law, civil or human rights issues may arise.
An inquest is a legal investigation carried out by a coroner to establish key facts about a person’s death. The purpose of an inquest is to answer four questions: who the deceased was, when they died, where they died and how they came by their death.
An inquest is not the same as a civil claim and does not decide whether compensation should be awarded. However, it can be an important process for understanding what happened, asking questions, reviewing evidence and identifying whether wider concerns need to be considered.
In some cases, the evidence heard at an inquest may also be relevant to further legal action.
Yes. We can advise on challenges to decisions made by NHS organisations and other health bodies.
This may include refusals to provide treatment, refusals to provide medication, Individual Funding Request decisions, other NHS funding decisions, healthcare eligibility criteria, policies applied by NHS bodies, and failures to properly consider relevant evidence.
Not every refusal can be challenged. The key question is whether the decision may have been made unfairly, irrationally or without proper consideration of the evidence.
We can help you understand whether there may be grounds to challenge the decision and what route may be most appropriate.
Yes. We can advise where there are concerns that a person has been inappropriately restrained, unjustifiably secluded or their rights unlawfully restricted.
These issues may arise in health and social care settings, including mental health units, autism treatment units, care homes, supported living arrangements or where care is provided in a person’s own home.
Restrictions can be lawful and necessary, but they must be properly justified, proportionate and documented.
Where restraint, seclusion or other restrictions have been excessive, unjustified or harmful, this may raise serious human rights concerns.
Yes. A parent, family member or other appropriate person can often make an initial enquiry on behalf of someone who may not be able to manage legal proceedings themselves.
This may include a child, young person or adult who lacks capacity to conduct legal proceedings, or someone who needs additional support to participate.
Depending on the circumstances, a claim may need to be brought through a parent, family member, or another appropriate representative.
We can advise on what may be required and who may be able to act.
Funding will depend on the type of case, the legal route involved and the individual circumstances.
Funding options may include Legal Aid, legal expenses insurance, a conditional fee agreement, private funding or public funding connected with an inquest or public inquiry, where available.
Not every funding option will be available in every case. We will discuss funding with you at the outset, explain which options may apply and help you understand the likely costs before any steps are taken.
We act for:
Yes. Many of our cases involve urgent situations where early action is critical.
No. We also act in strategic cases that challenge wider unlawful practices or policies affecting groups of people.
Yes. Our team works across Public Law, Education, Family and Human Rights, allowing us to take a joined-up approach to complex issues.
The following independent organisations provide general information about public law, rights and public services.
General information and resources about public law and access to justice.
General guidance about rights, public services, housing, benefits and other practical issues.
Information about equality law, discrimination and human rights protections.
Official information about government services, public bodies and legal processes.
These organisations provide general guidance, but they cannot give advice tailored to your individual situation.
Our team can consider what has happened, explain the possible challenge routes and advise on urgency, funding and next steps.
Our Public Law and Human Rights team supports individuals, families and professionals across England in challenging decisions made by public bodies.
We are widely recognised for specialist expertise and for acting in complex and often urgent cases where early action is critical.
Our approach is clear, practical and responsive, helping you understand your position, options and next steps.
We guide clients from early advice and pre-action steps through to court proceedings where necessary.
Wherever possible, we focus on resolving issues efficiently and effectively, including opportunities to achieve a positive outcome without a full hearing.
We hold a Public Law Legal Aid contract and can advise whether funding may be available.
If you are considering a challenge, are unsure which route applies or need advice about time limits, funding or possible outcomes, our team can help you understand what should happen next.
We advise individuals, families, professionals and organisations across England.
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