ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 21: Abuse of position or powers by public authority
887.Sub-paragraph (1) brings within the scope of civil legal aid services in relation to a claim against a public authority for its abuse of position or power. This is in addition to any claim for judicial review or habeas corpus.
888.Sub-paragraph (2)(a) applies the exclusions in Part 2 with the exception of those relating to personal injury or death, a claim in tort in respect of negligence, a claim in tort in respect of assault, battery or false imprisonment, a claim in tort in respect of trespass to goods, a claim in tort in respect of trespass to land, damage to property, a claim in tort in respect of breach of statutory duty and a damages claim for breach of Convention rights by a public authority to the extent that the claim is made in reliance on section 7 of the Human Rights Act 1998. For the purposes of this paragraph, sub-paragraph (4) defines “public authority” as having the same meaning as in section 6 of the Human Rights Act 1998. Sub-paragraph (2)(b) applies the exclusion in Part 3 of Schedule 1. Sub-paragraph (3) excludes services provided in relation to clinical negligence.
889.Sub-paragraph (4) provides that, in order for an act or omission by a public authority to constitute abuse of its position or powers for the purposes of this paragraph, it must be deliberate or dishonest and result in harm to a person or property that was reasonably foreseeable.