Human Rights

The Human Rights Act 1998 defends the basic rights of individuals, irrespective of age, gender, ethnicity and income. If you believe these rights have been breached, it allows you to have your case heard in a UK court rather than having to go to the European Court of Human Rights in Strasbourg.

The full range of rights protected by the Act is extensive, but some of the main articles we deal with most often in cases of human rights abuses include:

• Article 2 - Right to life
• Article 3 - Freedom from torture and inhuman or degrading treatment
• Article 5 - Right to liberty
• Article 6 - Right to a fair trial
• Article 8 - Right to family and private life
• Article 14 - Freedom from discrimination

Public bodies and organisations have a responsibility to make sure your human rights are protected at all times. Such organisations might include:

• The government
• The police
• Schools and hospitals
• Councils and local authorities

All these authorities may have an impact on our lives across a range of areas. The Human Rights Act is there to ensure that fundamental rights are upheld no matter what the circumstances. We should expect to be treated fairly, to have access to the healthcare and education we need, and have faith in the justice system.

Our Human Rights solicitors understand the many different ways any infringement on these rights may affect people and their loved ones. We have extensive experience helping those who have been let down by the authorities get the justice they deserve.

The wide range of areas covered by the Human Rights Act means that abuses of these rights can take many forms. A violation of your human rights might involve:

• Mistreatment or false imprisonment by the police
• Inadequate health or social care
• Deprivation of liberty
• Death or serious injury while in state care
• Discrimination or harassment
• Denial of healthcare/medication for financial reasons
• Unlawful disclosure of your personal information (under Article 3 of the Data Protection Act)

Anyone could have their human rights breached, but some are more vulnerable than others, such as:

• Children with special educational needs (SEN)
• People in police custody or other state detention
• People with complex care needs

Legal reforms and funding cuts within the social sector can mean vital services are withdrawn for those who need them most. Our team has helped many families challenge local authority decisions to make sure vulnerable children and adults have access to the education, care and support they are entitled to.

If you believe you have suffered an infringement of your human rights, our expert team can advise you on next steps.

Anyone who has had their rights infringed or has been treated unfairly by a public body can make a claim. You can also claim on behalf of people who are unable to make decisions for themselves, such as adults with certain mental illnesses or brain injuries, or children.

Charities, campaign groups and local interest groups may also make claims on behalf of individuals or groups of people that have been affected by a public body decision.

Most areas of public law require you to go through complaints and appeals procedures before you can take legal action in a court, but we can advise, support and represent you at any stage of the process. You don't need to be ready to go to court to take advantage of our in-depth knowledge and negotiation skills.

Judicial Review is a way to challenge public bodies if you think they have made a decision that is unfair, unlawful or irrational. You can only apply for judicial review once you have exhausted all other options through complaining and using any relevant appeals procedure.

If your claim is successful, a judge can force an organisation to make its decision again, prohibit the organisation from doing certain things or force it to comply with its legal duties. In some cases they even award you compensation.

Our public law solicitors have a great deal of experience with taking cases to judicial review and can give your claim the best possible chance of success. See our Judicial Review page for more information.