0115 982 0770 Menu

Human rights

Human Rights

The Human Rights Act 1998 which came into force on 2nd October 2000 gives legal effect in the United Kingdom to those rights and freedoms stated in the European Convention on Human Rights.

The main effect of the Human Rights Act 1998 was to make it clear that the Courts in the United Kingdom should interpret the law of the land in a way that is compatible with those rights are freedoms which are Convention Rights. In addition, the Human Rights Act 1998 also placed an obligation on Public Authorities to act in a way which is compatible with those Convention Rights.

What are my ‘Convention Rights and Freedoms?’


  • The right to life
  • The right to liberty
  • The right to a fair trial
  • The right not to be punished for something that wasn’t a crime when you did it
  • The right to respect for private and family life
  • The right to marry or form a civil partnership and start a family
  • The right not to be discriminated against in respect of the rights and freedoms
  • The right to own property
  • The right to an education
  • The right to participate in free elections


  • Freedom from torture and degrading treatment
  • Freedom from slavery and forced labour
  • Freedom of thought, conscience and religion
  • Freedom of Expression
  • Freedom of Assembly and Association

Claims under the Human Rights Act 1998

If you think that any of your Convention Rights and Freedoms has been breached by a Public Authority or you think that a Public Authority is about to breach one of your Convention Rights and Freedoms then the Human Rights Act 1998 allows you to bring legal proceedings.

What is a Public Authority

The Human Rights Act 1998 does not define a Public Body. However, the police, local council, government agencies and government department will be Public Bodies for the purposes of the act. In some cases it may be unclear and it may require a Court to decide whether or not the Defendant is a Public Body.

Bringing a Claim

Before taking any action you should speak to a solicitor.

If you believe that a Public Authority has breached your convention rights or is going to breach your convention rights you can bring proceedings against that Public Authority. You must, however, be the ‘victim’ of the breach or intended breach of your convention rights.

Essentially, the claim would be about obtaining a declaration that the Public Authority in question has breached your Convention rights or is going to breach your convention rights. If the breach of your Convention Rights is ongoing then an order can be sought to the effect that the Public Authority must stop acting in the manner which they are.

A Claimant may also seek compensation for the breach of their convention rights.

Domestic Remedy

Before any claim can be brought before the European Court of Human Rights (ECHR), the claim has to have been pursued in the origin country, so claims that arise from the acts of public bodies in England and Wales or Scotland have to have been pursued as far as they can in those countries before the ECHR can be involved


One of our specialist solicitors will be able to advise you on the nature of your action. However, there are time-limits placed on actions under the Human Rights Act but these will depend on the nature of the proceedings.

If the claim is under ‘judicial review’ proceedings the claim must be brought promptly but no more than three months after the occurrence of the decision or action of the Public Authority which it is said to be in breach of your convention rights.

If an application is not made for judicial review then there is a time-limit of one year in which to bring the proceedings.

Read more…

Our cases

Armes (NA) -v- Nottinghamshire County Council – A welcome victory for abused foster children Supreme Court rule child abuse victory for Nottingham Claimant against Nottinghamshire County Council Today, the Supreme Court gave a much-awaited judgement in the case of Armes (NA) -v- Nottinghamshire County Council finding that local authorities are vicariously liable for the actions of foster parents. The claimant,…

Continue reading…

Notable cases

Court hands down judgement in B&B – v – Leicestershire County Council and rules that Local Authorities owe a non-delegable duty of care to children who are placed in foster care. The Claimants were represented by Mr. Christopher Ratcliffe, solicitor, of Uppal Taylor Solicitors and Mr. Philip Turton, barrister, of Ropewalk Chambers, Nottingham. The Claimants brought proceedings against the Local…

Continue reading…

Other news

Stockport MP, Ann Coffey, says rise in number of children being “farmed out” to care homes. 2012 government reforms made a pledge to reduce the number of “out of borough placements” to help combat child sexual exploitation, but Ministers are now being accused of breaking that promise. Labour MP Ann Coffey is expected to use a Commons debate later to…

Continue reading…


This website uses cookies to enhance your browsing experience... moregot it


COVID-19 update

At Uppal Taylor Solicitors the safety of our staff, clients and those we work with are of paramount importance.

Our solicitors remain operational through secure remote working, but there are administrative staff shortages. This means that there may be a delay in responding to emails or calls, and some work may take longer than originally planned.

We are following government advice in respect of Covid-19. As a precaution, until further notice,

We will not be holding any face to face meetings. Any planned meetings will take place via telephone or, technology permitting, video conferencing.

Please do not visit the Office. We will be unable to meet with you.

Any Court Hearings are going ahead as planned. Your Solicitor will follow government advice on preventing the spread of Covid-19 and you will be requested to do the same. We will not shake hands and will keep the exchange of papers to a minimum.

Any documentation should be sent to us electronically via email instead of post.

Thank you for your assistance and understanding at this difficult time.

0115 982 0770