Understanding Discrimination by UK Public Authorities
Understanding Discrimination by UK Public Authorities
Discrimination by UK public authorities is when you are treated unfairly or less favourably by an organisation that provides public services, simply because of who you are. Public authorities include bodies such as local councils, government departments, the NHS, police forces, schools, and other organisations that carry out public functions.
Under the Equality Act 2010, it is illegal for public authorities to discriminate against you based on specific personal characteristics known as protected characteristics. These characteristics include:
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
For a full list and detailed explanation, you can read more about protected characteristics as defined by the Equality and Human Rights Commission.
Examples of public authority discrimination might include:
A local council refusing to provide a service to someone because of their religion.
An NHS hospital failing to make reasonable adjustments for a disabled patient.
A government department treating people differently because of their race or age.
A school not protecting a pupil from bullying related to their sexual orientation.
Discrimination by public authorities can take several forms, such as direct discrimination (treating someone worse because of a protected characteristic), indirect discrimination (applying a policy that disadvantages certain groups), harassment, or victimisation.
Challenging discrimination is important because public authorities have a duty to treat everyone fairly and equally. When discrimination occurs, it can have a serious impact on individuals – affecting their access to essential services, sense of dignity, and overall well-being. It can also undermine trust in public institutions and harm entire communities.
Understanding your rights in these situations is crucial. If you believe you have faced discrimination, you are protected by law and have options for taking action. To see how discrimination by public bodies fits into wider protections, you may also want to explore discrimination and consumer rights for further context.
Your Legal Rights Against Discrimination by Public Authorities
When you interact with UK public authorities – such as local councils, government departments, NHS services, or the police – you are legally entitled to fair and equal treatment. The main law protecting you from discrimination in these situations is the Equality Act 2010.
What Is the Equality Act 2010?
The Equality Act 2010 is a key piece of legislation that brings together and strengthens previous anti-discrimination laws in the UK. It makes it unlawful for public authorities to discriminate against you because of certain personal characteristics. This law applies whenever you use public services, apply for benefits, or interact with any government body.
To understand how these protections also relate to your everyday life as a consumer, you can read more about consumer rights and the Equality Act 2010.
Protected Characteristics
The Equality Act 2010 sets out nine “protected characteristics.” It is unlawful for public authorities to treat you unfairly because of any of the following:
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
If you believe you have been treated differently or unfairly by a public authority because of one of these characteristics, you may have experienced unlawful discrimination.
Duties of Public Authorities
Public bodies in the UK have a legal duty not just to avoid discrimination, but also to actively promote equality. Under the Equality Act, public authorities must:
Treat everyone fairly and equally when delivering services or making decisions
Make reasonable adjustments to ensure disabled people can access services
Take steps to eliminate unlawful discrimination, harassment, and victimisation
Advance equality of opportunity and foster good relations between people with different backgrounds
This means, for example, that a local council must ensure its housing policies do not disadvantage people because of their race or disability, and that a government department cannot refuse you a service because of your religion.
Your Right to Equal Treatment
You have the right to access public services, facilities, and benefits on an equal basis with others. This covers a wide range of situations, such as:
Applying for social housing or benefits
Accessing NHS treatment
Receiving education from state schools or colleges
Using public libraries or leisure centres
Contacting the police or emergency services
If you feel you have been unfairly treated, you have the right to challenge the decision or behaviour. This might involve making a complaint, seeking advice, or taking legal action if necessary.
Understanding your rights under the Equality Act 2010 is the first step to ensuring you are treated fairly by public authorities. If you think you have experienced discrimination, it is important to gather evidence and seek advice on your next steps.
Recognising Discrimination by Public Authorities
Recognising Discrimination by Public Authorities
Discrimination by public authorities can take many forms, and it isn’t always obvious at first. Understanding the signs and knowing when your rights may have been breached is the first step towards taking action.
Signs of Discrimination
You might have experienced discrimination if a public authority – such as a local council, government department, NHS service, or police – treats you unfairly because of a protected characteristic. Protected characteristics under the Equality Act 2010 include things like your race, age, disability, sex, religion, sexual orientation, or gender reassignment.
Common signs you may have been discriminated against include:
Being denied access to a public service without a valid reason.
Receiving noticeably worse treatment than others in similar situations.
Facing barriers that make it harder for you to use a service, especially if you have a disability.
Being refused adjustments or support that would help you access services equally.
Examples of Discriminatory Actions
Discriminatory actions by public authorities can include:
Denial of Services: For example, being refused social housing or healthcare because of your ethnicity, religion, or disability.
Unfair Treatment: Being treated less favourably than others, such as being overlooked for public housing or support services due to your age or gender.
Failure to Make Reasonable Adjustments: If you have a disability, public authorities are legally required to make reasonable changes so you can access their services. This could mean providing information in accessible formats, installing ramps, or offering extra support. If these adjustments are not made, it may be discrimination.
Learn more about your disability and consumer rights to see how discrimination can impact your everyday interactions with public services.
Types of Discrimination
There are several ways discrimination can occur:
Direct Discrimination: This happens when you are treated worse than someone else because of a protected characteristic. For example, a council refusing to process your application because of your race.
Indirect Discrimination: This is when a policy or practice appears neutral but puts people with a protected characteristic at a disadvantage. For example, requiring all documents to be submitted online could disadvantage older people or those with certain disabilities.
Failure to Make Reasonable Adjustments: Public authorities must take steps to remove barriers for disabled people. Not doing so can be a form of discrimination.
You can find more about what counts as reasonable adjustments and when these must be made. This resource explains the legal obligations and practical examples of adjustments that might be required.
Challenges Faced by Disabled People
Disabled people often face unique barriers when dealing with public authorities. The law recognises this and places an extra duty on public bodies to make reasonable adjustments so disabled people are not put at a disadvantage. These adjustments might include physical changes to buildings, providing information in alternative formats, or offering extra support during appointments.
If you believe you haven’t received the adjustments you need, it’s important to understand your rights to disability adjustments and accessible services. Knowing what you are entitled to can help you challenge unfair treatment and ensure you have equal access to public services.
Recognising the signs of discrimination is the first step to standing up for your rights. If you think you’ve experienced unfair treatment by a public authority, you may have grounds to challenge it and seek a fair outcome.
How to Challenge Discrimination by Public Authorities
If you think you have been discriminated against by a public authority such as a local council, government department, or other public body, it’s important to take action promptly. Discrimination by public authorities is unlawful under the Equality Act 2010, which protects you from unfair treatment based on characteristics like age, disability, race, religion, sex, and others. Here’s how you can challenge discrimination and seek a fair resolution:
1. Understand What Happened
First, consider whether the treatment you experienced counts as discrimination under the Equality Act 2010. Discrimination can take different forms, such as direct discrimination (being treated less favourably because of a protected characteristic), indirect discrimination (policies or practices that disadvantage certain groups), harassment, or victimisation.
2. Gather Evidence
Carefully record what happened as soon as possible. Write down:
The date, time, and location of the incident(s)
Names and roles of people involved
What was said or done, as accurately as you can remember
Any witnesses and their contact details
Keep copies of any relevant documents, emails, letters, or official decisions. Photographs or screenshots can also be helpful. Good evidence strengthens your case and helps ensure your concerns are taken seriously.
3. Make a Formal Complaint
Most public authorities have a formal complaints process. You should start by complaining directly to the authority involved. Explain:
What happened and why you believe it was discriminatory
How it affected you
What outcome you are seeking (for example, an apology, a change in policy, or compensation)
Be clear, factual, and polite in your communication. Check if the authority has a specific complaints form or online process.
For further guidance on how to complain about a public service, you may find it useful to review the consumer service complaints procedure, which outlines the steps and expectations for raising issues with public bodies.
4. Follow the Complaints Procedure and Escalate if Needed
If your complaint isn’t resolved to your satisfaction, follow the authority’s escalation process. This may involve:
Requesting a review by a more senior official
Taking your complaint to an independent ombudsman, such as the Local Government and Social Care Ombudsman or the Parliamentary and Health Service Ombudsman
Each public authority should provide information about their complaints and escalation procedures. Make sure you keep a record of all correspondence and responses.
5. Seek Legal Advice or Support
If the complaints process does not resolve the issue, or if you need help at any stage, consider seeking legal advice. You may want to contact a solicitor who specialises in discrimination or public law. Advocacy groups and charities that focus on equality and human rights can also offer support, information, and sometimes legal representation.
There are strict time limits for taking legal action against discrimination by a public authority – usually six months less one day from the date of the incident. Acting promptly is essential.
Challenging discrimination can feel daunting, but you have legal rights and options. By following these steps and making use of the consumer service complaints procedure, you can take meaningful action to stand up for fair treatment.
Other Areas Where You Can Fight Discrimination
Discrimination doesn’t just happen in dealings with public authorities. You have the right to challenge unfair treatment in many other areas of everyday life, thanks to protections set out in the Equality Act 2010. This law makes it illegal for organisations and businesses to discriminate against you because of protected characteristics such as age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation.
Here are some common situations outside of public authority settings where you may face discrimination – and what you can do about it:
1. Services and Facilities
If you’re denied access to services or treated unfairly by a business, club, or organisation, you have the right to fight discrimination in services. This includes banks, restaurants, transport providers, healthcare, and more. For example, if a shop refuses to serve you because of your race or a transport company fails to make reasonable adjustments for your disability, you may have grounds to take action.
2. Retail Environments
Shops and retail businesses must not discriminate against you when you buy goods or services. If you believe you’ve been treated unfairly in a shop or online store, find out how to fight retail discrimination. This covers issues like being refused service, facing harassment, or being provided with a lower standard of service.
3. Pregnancy and Consumer Rights
Expectant and new mothers have additional protections. If you experience unfair treatment because you are pregnant or on maternity leave – such as being denied a service or being treated less favourably – you can learn more about your rights regarding pregnancy discrimination and consumer rights.
4. Utilities and Energy Suppliers
Energy companies must also comply with anti-discrimination laws. If you think you’ve been treated unfairly when trying to set up or manage an energy account, or if reasonable adjustments haven’t been made for your needs, you can fight discrimination by energy suppliers.
If you believe you have experienced discrimination in any of these areas, it’s important to gather evidence – such as written communication, receipts, or witness statements – and raise your concerns with the organisation involved. You may be able to resolve the issue informally, but if not, you have the right to make a formal complaint or seek legal advice.
Understanding your rights in these different situations can help you challenge unfair treatment and ensure you are treated equally and fairly, wherever discrimination occurs.
Support and Resources for Disabled People Facing Discrimination
Support and Resources for Disabled People Facing Discrimination
If you are a disabled person facing discrimination from a UK public authority, it’s important to know that you are not alone and support is available. Understanding your financial rights and knowing where to find help can make a significant difference in challenging unfair treatment and protecting your wellbeing.
Financial Support and Disability Benefits
Experiencing discrimination can sometimes impact your ability to work or access services, which may affect your finances. The UK provides a range of disability benefits designed to support disabled individuals in managing extra costs related to their condition or impairment. These benefits include Personal Independence Payment (PIP), Disability Living Allowance (DLA) for children, and Employment and Support Allowance (ESA), among others.
These benefits are not only a form of financial support but can also help you maintain independence and access the services you need if discrimination has made life more difficult. For a detailed overview of what you might be entitled to and how to apply, visit our disability benefits page.
How Disability Benefits Can Help
Disability benefits can play a crucial role if you have been treated unfairly by a public authority. For example, if discrimination has affected your employment or limited your access to public services, these benefits can provide essential financial stability while you address the situation. They may help cover additional expenses such as mobility aids, care support, or travel costs to medical appointments.
If you are unsure whether you qualify for disability benefits or how to start a claim, there are resources available to guide you through the process. Seeking advice early can help ensure you receive the support you need.
Additional Resources and Support
Beyond financial assistance, there are organisations and charities dedicated to supporting disabled people who have experienced discrimination. These groups can offer practical advice, emotional support, and guidance on how to assert your rights under the Equality Act 2010. The Act makes it unlawful for public authorities to discriminate against you because of your disability, and sets out clear protections for accessing services, education, and employment.
For a comprehensive overview of your legal rights and examples of how discrimination can occur in different situations, visit Disability discrimination and the law | Disability charity Scope UK. This resource explains the legal context, your protections under the Equality Act, and practical steps you can take if you believe you have been discriminated against.
Taking Action
If you feel you have been discriminated against by a public authority, it’s important to gather evidence and seek advice as soon as possible. Keeping records of what happened and when can help if you decide to make a complaint or pursue legal action. You may also want to speak to a legal adviser or contact a relevant charity for support.
Remember, you have legal rights and there are organisations ready to help you understand and assert them. Exploring your options for disability benefits and reaching out to support services can empower you to challenge discrimination and protect your interests.
