Equality and Human Rights Commission

Since 2 April 2001, the Act has applied to all the functions of public authorities that were previously excluded.

This brings within the scope of the Act the law enforcement or control functions of government agencies, including the police, the Crown Prosecution Service, the probation service, Customs and Excise, the immigration service and the prison service; and the regulatory functions of local authorities, including environmental health, trading standards, licensing, and child protection.

If you believe you have been discriminated against, directly, indirectly or by way of victimisation, by any public authority since 2 April 2001, you have the right to bring a complaint in a county court in England and Wales or in a sheriff court in Scotland. Certain complaints of discrimination relating to decisions on immigration status will be considered as part of the one-stop immigration appeal procedure.

You are also protected against discrimination where a public function is being carried out by a private company or a voluntary organisation on behalf of a public authority. This means the Act applies to prison discipline in private prisons as well as prisons run by the Prison Service.

For exceptions, see When is racial discrimination lawful?