If you’ve experienced unlawful discrimination by a healthcare or care provider, you may be able to take legal action against the person or organisation who discriminated against you - for example, a GP or care home worker.
Read this page to find out more about taking legal action against a healthcare or care provider if you've been discriminated against.
Taking court action can be a long and stressful process. It can also be expensive. It’s important to keep in mind that if you lose the case in court, you may have to pay the legal costs of the healthcare or care provider which could be high.
If you’re thinking about taking court action, you should get advice from an experienced adviser - for example, at a Citizens Advice Bureau.
The law which says you mustn’t be discriminated against is called the Equality Act 2010. Discrimination which is against the Equality Act is unlawful. If you want take action about discrimination, you need to be reasonably sure that discrimination has taken place, according to the Equality Act.
If the treatment doesn’t count as unlawful discrimination under the law, you may still have been treated badly or unfairly and you may be able to do something about it - for example, make a complaint.
You can make a discrimination claim in the County Court
There are strict time limits for going to court. You need to make your claim within six months less one day of the act you’re complaining about. It’s important to keep this in mind if you want to try and resolve your problem informally first.
The court can allow a claim outside the time limits, but only if it considers it just and equitable to do so.
You may be able to get legal aid to help you pay for your court action. To get legal aid you need to meet the eligibility criteria. You can contact the Equality Advisory Support Service (EASS) who can help you find out if you can get legal aid.
To show unlawful discrimination, the Equality Act says you need to prove enough facts from which the judge can decide, without any other explanation, that discrimination has taken place.
If you can show the court facts from which it can conclude that unlawful discrimination has happened, it’s then up to the person or organisation who discriminated against you to show it's not unlawful discrimination.
It’s a good idea to keep all emails, letters or other documentary evidence if you have this to support your claim. In addition there are ways of getting more information for when you go to court.
You can ask for information about your treatment from the person you think has discriminated against you. If you’ve been discriminated against by a public authority, like an NHS hospital, you may also be able to make a Freedom of Information request.
You can find more information about making a freedom of information request on the Information Commissioner's website at
The court can:
The law says a public authority is an organisation which provides public functions or services. This can be a public sector organisation, like an NHS hospital, but it can also be a private organisation or charity if it carries out public functions. For example, a private care home can be a public authority if it's funded by the local authority to provide residential care on it's behalf.
If the healthcare or care provider who discriminated against you is a public authority, you may be able to use the Human Rights Act 1998 to strengthen your discrimination claim. You could also make a separate human rights claim.
In addition to a discrimination or human rights claim you may be able to make:
If you have experienced discrimination, you can get help from the EASS discrimination helpline.
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