Solicitors need to do more when advising public sector clients on their obligations under human rights legislation, it was suggested this week, in light of research showing that significantly more than half of public bodies have not taken adequate steps to protect themselves from growing litigation in the area.

The warning followed a report by the Audit Commission which showed that of the 175 public bodies questioned, 58% were not taking the Human Rights Act 1998 into consideration when planning their services, causing concerns that the legislation was 'in danger of stalling'.

It said public bodies are all too often merely reacting to complaints.

The commission went on to recommend human rights audits to highlight areas of risk, plus more training for employees.

Commission chairman James Strachan said the costs of litigation could be substantial when combined with the potential damage to an organisation's reputation.

Court cases often go to judicial review and can result in costs and damages of up to 320,000.

'A proactive approach by public bodies towards implementing the Act's provisions is crucial,' he insisted.

The Legal Action Group, which has published a 'human rights toolkit' that was commended by the report, said lawyers could help ensure that the legislation did not fall flat by reminding the public sector of its obligations.

'It seems that many public bodies have removed the Act from their in-tray, as though it carries a stale message,' the group's policy director, Nony Ardill, said.

'But we are yet to see the promised human rights culture, and public bodies must engage fully in process of developing one.'

Paula Rohan