The Human Rights Act 1998 is important legislation that can be used to challenge matters in UK Courts.
The work we do at Chilcotts Law has a close connection with a person’s human rights. When those rights have been breached by a Public Authority, or a person exercising functions of a public nature, they can be susceptible to Judicial Review.
What is Judicial Review?
Judicial Review is an action against a Public Authority when they have failed to do what they should have done properly. This can include:
- Not acting in accordance with the law;
- Failing to properly justify a decision;
- Acting unreasonably, irrationally or, illegally.
Who are Public Authorities?
- Government Departments;
- Local Authorities/Social Services;
- Health Authorities and;
- Some Courts and Tribunals (if no higher rights of appeal).
However, when bringing a claim for Judicial Review this should be done promptly and in any event, within 3 months of the action or omission being challenged.
If you think that you have been affected by a decision of a Public Authority and may have a claim, you should contact us as soon as possible to discuss your matter.
Examples of some Judicial Reviews we have brought in the past include:
- Challenging a decision to bring in a smoking ban at a private hospital;
- Challenging the decision of a local authority not to grant a tenancy agreement to an adult with learning difficulties;
Often Judicial Reviews can incorporate Human Rights arguments, where a person’s fundamental human rights or freedoms have been breached or impinged upon. Most commonly argued in the Courts are:
Article 3: Prohibition of torture and cruel, inhuman and degrading treatment;
Article 5: Right to liberty and security of the person;
Article 6: Right to fairness in court proceedings;
Article 8: Right to respect for family and private life, home and correspondence;
Article 14: Prohibition of discrimination regarding ECHR articles.
Our Court of Protection work often incorporates successful arguments when a person has been deprived of their liberty and their Article 5 and Article 8 rights have been breached.
At Chilcotts Law we are specialists in this field and will be able to advise you about your matter and represent you where your matter proceeds to the High Court.