A failure in respect of a performance of a duty imposed by or under this Chapter does not confer a cause of action at private law.
Cases considering section 156 4
CWJ, R (on the application of) v Director of Legal Aid Casework & Anor
Applies the provision excluding a private-law cause of action for breach of the public sector equality duty. It supported the conclusion that section 149 did not confer a civil right in this case. (see paras [83]; [134]-[136])
GP v The Lime Trust
Applied to confirm that breach of the public sector equality duty does not confer a private-law cause of action. The appropriate public-law remedy is judicial review, so the First-tier Tribunal could not determine such a breach as part of this claim. (see paras [26], [50]-[51])
QUB v Secretary of State for the Home Department
The court held that section 156 prevents a breach of the public sector equality duty from conferring a private-law cause of action, so damages could not be claimed for the alleged breach. (see para [49])
What each judgment says about section 156 is in the case-law panel in the full Act.
507.This section is designed to make it clear that the duties imposed by or under Chapter 1 of Part 11 do not create any private law rights for individuals. These duties are, however, enforceable by way of judicial review.
508.This section is new, but it reflects the position under previous legislation.