The Human Rights Act 1998 (HRA 1998) requires public authorities not to act in ways which are incompatible with the Convention rights. Only if a body is a public authority is it vulnerable to a claim. Therefore it is vital to be able to determine what makes a body a public authority for the purposes of HRA 1998. In some cases it is clear cut whether a body is a public authority or not, but in many cases the situation is more nuanced. In those cases it is necessary to look to guidance given by the courts on the topic of what makes a body a public authority. The legislative background Section 6 of HRA 1998 states: ‘Acts of public authorities (1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right. (3) In this section “public authority” includes— (a) a court or tribunal, and (b) any person certain of whose functions are functions of a public nature, but

A body substantially publicly funded which performs statutory duties, objectives and other activities consistent with central or local governmental functions.

Public authorities and public bodies often carry out activities involving personal data. The terms ‘public authority’ and ‘public body’ are used throughout the GDPR regimes, including within several of the definitions, but are not expressly defined. The EDPB considers that under the EU GDPR: • these notions are broad enough to include both public bodies in third countries and ‘international organisations’ (ie an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries) • with respect to public bodies in third countries, the notion is to be determined under domestic law • public bodies include government authorities at different levels (eg national, regional and local authorities) and also other bodies governed by public law (eg executive agencies, universities, hospitals and so on)

A purpose is not a charitable purpose unless it falls within the purposes set out in section 3 of the Charities Act 2011 and it is directed to the public benefit.

Public benefits generally refers to payments, services or other state-provided advantages made available to individuals or households, usually on the basis of means-testing, disability, unemployment, housing need or other qualifying criteria. In legal practice it is most often used in relation to social security, welfare rights, immigration control, housing law, family law, debt, and public law challenges to administrative decisions.The term itself is descriptive rather than a single defined legal term, though particular UK and Irish statutes define specific benefits (for example, universal credit, child benefit, housing benefit, disability payments and comparable Irish social welfare payments). It is also frequently used in immigration and nationality law to distinguish between “public funds” or “recourse to public funds” and other forms of state support.Across England and Wales, Scotland and Northern Ireland, usage is broadly consistent and tied to the respective social security schemes and reserved/devolved competences. In Ireland, the concept maps onto social welfare payments and related state supports. For practitioners, identifying whether a payment constitutes a “public benefit” or “public fund” is critical for entitlement, conditionality, overpayment recovery, fraud, and immigration compliance.

A payphone to which the public has unrestricted 24-hour access.

Public charitable collections are charitable appeals which are made in any public place, or by means of visits to houses or business premises (or both).

This document provides general guidance regarding public law applications relating to children. Your family lawyer will be able to provide specific advice based on your circumstances. There are several types of order that a court can make when a local authority has concerns about a child’s welfare and intervenes within a family setting. This guide provides a brief summary of those orders. About care proceedings ‘Care proceedings’ is the phrase used to describe the legal process by which a local authority asks the court to allow it to place a young person under its care. Children are only ‘looked after’ by a local authority when the court is satisfied that a child is suffering, or is likely to suffer, significant harm from the way they are being looked after by their parents or carers, or that a child is beyond a parent or carer’s control. What is an interim care order? This is usually the first step within court proceedings where social workers have become very concerned about a child. The local authority may ask the court to make an interim

This Practice Note sets out the general duty of a local authority to promote contact between a looked after child and its parents or other connected persons. It details the requirements where a contact application may be made as of right and where leave is required. It also includes procedural guidance and information on refusals of contact, variations and discharge of orders. Children in care comprise a sub-category of 'looked after’ children. The other sub-category comprises children who are provided with accommodation under the majority of the other social services functions of the local authority. A child in the care of the local authority means one subject to a care order, which includes a child subject to an interim care order. In England, three categories of children provided with accommodation under social services functions in the Children Act 1989 (ChA 1989) are not looked after. They are children accommodated under: • the general duty of local authorities to provide services for children in need, their families and others under ChA 1989, s 17

This Practice Note sets out the circumstances in which an emergency protection order (EPO) is appropriate, together with the required grounds for granting an EPO, jurisdiction, procedure and the duration and effect of an EPO. It also deals with issues such as contact and assessments, entry and search warrants and exclusions and undertakings as well as appeals and the discharge of an EPO. General criteria An EPO is a court order to be made in an emergency where it can be shown that unless emergency action is taken, the child will be at risk of significant harm, see also Practice Note: Public children—principle of significant harm. An EPO allows, but does not require, the removal of a child to accommodation or the keeping of a child where they are currently accommodated. A local authority can also apply for an EPO to obtain access to a child, where that is being unreasonably refused and it is urgent to do so, when carrying out a child protection investigation. A local authority has no power to remove a child from their

This Practice Note covers issues concerning looked after children who are fostered and those who foster such children, referred to in law as foster parents but more usually known as foster carers. It also sets out government guidance on early permanence placements (formerly known as ‘fostering to adopt’) and the interaction between that policy and case law. It distinguishes between English and Welsh law, which are different in several respects, in both statute and regulations, while also setting out areas of law that are common to both countries. Looked after children who are fostered England and Wales—general A child is looked after if they are in the local authority’s care (which includes both interim care orders and full care orders), or if they are accommodated by the local authority under any of its social services functions other than certain exceptions. The exceptions are: • in England: section 17 of the Children Act 1989 (ChA 1989) (provision of services for children in need, their families and others), ChA 1989, s 23B (additional functions of the responsible authority in respect of relevant children)

This Practice Note sets out the general approach to public children care proceedings where there are concurrent or imminent criminal proceedings, including the requirements of the Family Procedure Rules 2010 (FPR 2010) and case management issues, together with the protocol on the disclosure of information between family and criminal agencies and jurisdictions (the 2024 protocol, revised September 2026) (which replaced the 2013 protocol and good practice model on disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings), as to the disclosure of evidence from criminal proceedings into the family proceedings and vice versa. It also includes guidance on post-conviction disclosure from, for example, HM Prison and Probation Service (HMPPS). The disclosure of information between family and criminal agencies and jurisdictions protocol (the 2024 protocol) was issued in February 2024 and replaced the October 2013 protocol and good practice model (disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings). The 2024 protocol applies to the exchange of information