⇒ Public bodies are institutions which are emanations of the state
⇒ Public bodies are usually state funded i.e. local councils; educational authorities; emergency services; armed forces, etc.
⇒ It is the only negligence category where the type of defendant (NOT the claimant) taken into account as to whether recovery is appropriate
⇒ Article 2: the right to life
⇒ Article 3: freedom from torture, inhuman or degrading treatment
⇒ Article 6: the right to a fair trial
⇒ Article 8: the right to respect for private and family life, home and correspondence
⇒ the right to a remedy for breach of the convention rights
⇒ The HRA introduced a new statutory remedy for people wishing to claim against public bodies for breaching the European Convention of Human Rights
⇒ There are two categories with the police: one where they owe a duty of care and one where they do not → it is the category where they do not owe a duty of care where there are issues
⇒ Operational matters: with operational matters the police generally owe a duty of care. An operational matter includes every-day activites and concerns decisions about the way in which particular taska are undertaken and executed
⇒ Policy matters: with policy matters the police generally do not owe a duty of care. A policy matter involves decisions aobut resource allocation and the way in which the policy priorities their investigations.
⇒ See the cases of Rigby v Chief Constable of Northampton [1985], Reeves v Commissioner of Police of the Metropolis [2000], Swinney v Chief Constable of Northumbria Police [1997], and Michael v Chief constable of South Wales Police [2015]
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⇒ See the case of Hill v Chief Constable of West Yorkshire [1989]
⇒ So Hill is one of those cases that really defines why the police cannot be sued (pretty much) under negligence
⇒ However, if you look at Article 6 of the ECHR (the right to a fair trial), can you really say there is a 'fair trial' when the police have, essentially, an immunity from legal action in cases of negligence?
⇒ The case of Osman v Ferguson [1993] began the article 6.1 controversy i.e. this case is all about whether or not you are giving people a fair trial by simply striking out a claim if it concerns the negligence of the police
⇒ The case of Osman has been applied in the cases of Van Colle v Chief Constable of Hertfordshire [2008] and Smith v Chief Constable of Sussex [2008]
⇒ In cases of local authority negligence, the claimant may (like in police negligence) be denied a remedy for poor performance of statutory functions by the given local authority in the case
⇒ However, like in the cases above of police negligence, the claimant may have a remedy, instead, for breach of their human rights
⇒ See the cases of X v Bedfordshire CC [1995] and Z v UK (2002)
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