Defining a Public Body: When Does Section 6 of the Human Rights Act 1998 Apply?

Abstract

On 17 March 2016, the Queen’s Bench Division of the High Court handed down judgment in the case of TH v Worcester Cathedral [2016] EWHC 117 (Admin).1 The case involved an application for judicial review and a discussion of whether the defendants should be classed as public bodies for the purposes of section 6 of the Human Rights Act 1998. The claimant, TH, was a bell ringer at Worcester Cathedral as a member of the Guild of Bell Ringers of Worcester Cathedral. The first defendant (the Chapter of Worcester Cathedral) had revoked his permission to participate in the Guild and the second defendant (the Bishop of Worcester in his Corporate Capacity) had invited him to sign a safeguarding agreement placing conditions upon him participating in bell ringing activities elsewhere in the Diocese of Worcester.2 These decisions were taken as a result of allegations that the claimant had ‘behaved inappropriately with children and young people’, although it was emphasized that no criminal conduct was involved.3 This behaviour was said to involve ‘intimidating and threatening behaviour, and a failure to follow safeguarding guidance provided to him, including being alone with young bell ringers having been told not to’ as well as his use of social media.4