Human rights compensation claims

The police and all public authorities have duties and responsibilities under the Human Rights Act 1998. If you think that the police or a public body have acted in a way that has breached your human rights then contact our specialist solicitors on 0175 321 5096 to find out if you are entitled to make a claim for compensation.

If the police or a public authority act in a way which causes you loss or injury then a compensation claim may exist under the Human Rights Act but it is important to act quickly.

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These rights include

  • The right to life
  • The right to not be tortured or subjected to inhumane or degrading treatment
  • The right not to be subject to slavery or forced labour
  • The right to liberty and security
  • The right to a fair trial
  • The right to not be punished without law
  • The right to respect for a private and family life
  • The right to freedom of thought, conscience and religion
  • The right to freedom of expression
  • The right to freedom of assembly and association

Examples of the police breaching human rights

  • Causing the death of a member of your family
  • Using unlawful physical force in order to illicit information
  • Locking you up without lawful reason
  • Interfering with the criminal process or planting evidence
  • Interfering with your possessions property or disclosing information about you to others
  • Preventing you from lawfully protesting
  • Conducting an unlawful strip search 
  • Refusing to investigate if it is clear that you have been the victim of human trafficking or forced labour 

Examples of other public bodies breaching human rights

  • A failure by the Community Adolescent Mental Health Service (CAMHS) to take prompt action when a school, parent or another third party reports concerns about a vulnerable young person – leading to the death or injury of that person
  • Being subjected to body mapping without lawful justification
  • Having personal data/information about you disclosed to a third party without lawful excuse
  • Unreasonable delays by the Parole Board leading to a delay in Parole Board hearings taking place and a delay in being released from prison
  • Unreasonable delays by the Probation Trust or an Offender Manager/Probation Officer leading to delays in Parole Board hearings taking place and a delay in being released from prison 
  • Unreasonable delays by the Prison Service or the Ministry of Justice leading to delays in Parole Board hearings taking place and a delay in being released from prison 
  • Failure of the state to provide the means to achieve release from an IPP

The Court has power to award compensation in some Human Rights cases; alternatively the Court may declare that your rights have been breached.

Stephensons offer specialist advice on actions against the police and public bodies/authorities including compensation claims for breach of your rights under the Human Rights Act 1998.

Obligations under the Human Rights Act 1998 also apply in tragic cases involving the death of an individual where the police have been involved or had contact - this can result in detailed Inquest Proceedings which require representation.

Our team have previously acted in one of the largest and most complex Inquests involving police and allegations that they failed to protect the deceased (STIRLAND 2010).

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