Tuesday, March 11, 2008

LGO investigation manual

The investigation manual of the LGO sets out a number of useful examples of lines of enquiry that refer to the Human Rights Act for investigating complaints in councils.

  • Has the council checked relevant policies and procedures for compliance with the Human Rights Act?
  • Has the council taken (or followed) legal advice on the human rights implications of the action or decision complained about?
  • What objective was the council pursuing in restricting or interfering with the complainant's convention rights?
  • Where a complainant's convention rights have been restricted did the council consider less restrictive options than that chosen, and if so, why were they rejected?
  • Did the council consider or follow the requirements of procedural fairness arising from the Convention and Court decisions?

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