Local government lawyers defend record on human rights

Grania Langdon-Down hears reaction to the parliamentary joint committee's views on how legislation is implemented

Criticism that local councils are failing to place respect for human rights at the heart of their policies and practice is unfair, according to local government lawyers.

They also dismiss recent claims by the parliamentary joint committee on human rights that they only do enough to avoid litigation and no more.

Jane Thompson, head of legal at Croydon Borough Council in Surrey, says: 'I think the criticism is unfair.

Before the Human Rights Act (HRA) came into force, we did a lot of training for members and chief officers, and we reviewed both new and existing policies to see if they had human rights considerations.

It is now a way of thinking inherent in the process.'

This is a view shared by Stephen Rickitt, immediate past chairman of the Law Society's Local Government Group and principal solicitor for Northumberland County Council.

'It might be dangerous to say this but I think local authorities have always had a high regard for human rights, without necessarily putting that label on it, because all the concepts the Act introduced were ones we have been living with for years - the idea that you only do things where you have statutory power, the need to be reasonable.'

He says that inevitably mistakes are made and sometimes people draw the wrong balance between the needs of the individual and the needs of the wider community, but that is 'because you are dealing with people'.

He adds: 'You could argue that a slavish adherence just to the Act might end up with people saying such-and-such is not forbidden by the legislation, therefore it is okay.

However, it is the culture within the local government legal world that you don't just look at the black-letter law; rather you stand back and look at the policy and question "is this the right way to do it?".

It might be legal, but that is not the be-all and end-all.'

Nicholas Dobson, a former senior council lawyer now in private practice at Pinsent Curtis Biddle, says: 'The parliamentary committee claimed local authorities were taking too defensive a role on human rights.

But local authorities have to juggle with scarce resources and they are constantly having to balance the needs of the individual with the needs of the community.

They are struggling bravely with the issues and a lot are getting them right - and that is being reflected in court decisions.'

Peter Keith-Lucas, another ex-senior council lawyer and now a partner at Wragge & Co, says: 'You can criticise some local authorities for not putting human rights at the centre of their functions but you have to consider the pressure they are under to respond to a whole raft of new legislation, including freedom of information and data protection.'

Birmingham City Council took part in a pilot exercise run by the Audit Commission on the HRA.

The council's chief legal officer, Mirza Ahmad, says: 'We came out as having very good practice.

The HRA has brought a different dimension to providing services but our lawyers now see it as part of normal procedures, rather than as an add-on.'