Human rights compensation claims 

Human rights compensation claims

Human rights are the foundation of a just society. They are legal provisions in place to enable us to live happy and healthy lives, protecting our dignity and well-being. If you or a loved one has suffered a human rights violation and have suffered a loss or injury as a result of the breach of your human rights, you may be entitled to compensation. This loss or injury can be sexual, physical, emotional, or financial. Our experienced human rights compensation solicitors are here to help you access the compensation you deserve. 

On this page, we’ll explore your eligibility for human rights compensation, and how we can help you seek justice.

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What rights do you have?

The Human Rights Act 1998 enshrines fundamental rights and freedoms that protect everyone in the UK and imposes duties and responsibilities on all public authorities.  

These rights include:

  • Right to life
  • Protection from inhuman and degrading treatment and torture
  • Right to liberty
  • Right to respect for private and family law

A public authority cannot allow these rights to be breached without a lawful basis.

What are human rights violations?

The Human Rights Act 1998 enshrines fundamental rights and freedoms that protect everyone in the UK from the abuse of power. Public bodies such as the police, schools and local authorities all have a duty to make sure these rights are protected. 

However, despite the provisions of the Human Rights Act violations do still occur. Some of the most common types include: 

  • Death in custody: for example, if a patient under mental health services has taken their life due to inadequate treatment or provisions for their care. 
  • Unlawful detention: This is when you are unlawfully deprived of your liberty and restrictions have been imposed on how you are able to live your life. For example, when someone has been detained in a care home while asking to return to their family, where a care package could have been set up to meet their needs.  
  • Physical and sexual abuse or neglect: for example, where a Local Authority has failed to protect a child from harm by taking them into care and the child was exposed to abuse and neglect at home.  
  • Interference with private and family life: for example, a family being separated unlawfully or disclosure of your personal information to other people without their consent.  

These violations can occur through state actions, public authorities or government institutions. Whether by accident or deliberate action, these human rights breaches can have a profound impact on your life. It’s vital to hold these public bodies accountable when they fail to uphold human rights standards. 

We’re here to help. You can call us on 0800 0448488 or email or request a call back

Who can make a human rights compensation claim?

Anyone who has had their rights infringed and suffered harm can make a claim. This includes: 

  • Victims of abuse: If you’ve experienced serious harm and abuse. 
  • Individuals unlawfully detained, mistreated, or denied fundamental freedoms: If you’ve been subjected to unlawful detention, unfair imprisonment, excessive force or restrictions of your rights.
  • Families or representatives on behalf of the victim: In situations where the victim is incapacitated or deceased, their families or legal representatives can pursue a claim on their behalf.

Eligibility

Both UK citizens and individuals who reside under UK jurisdiction have the right to make human rights claims.

Time limits

If you believe you have a human rights compensation claim, it is important to act quickly as strict time limits can apply. A claim for compensation under the Human Rights Act 1998 must be brought within one year of the date of the violation.   

The importance of legal representation

Human rights law is complex and navigating the legal system is challenging. Seeking expert legal advice from an experienced human rights solicitor is crucial. They can assess the merits of your claim, guide you through the legal process and advocate effectively for your rights. 

We’re here to help. You can call us on 0800 0448488 or email or request a call back

Seeking human rights legal advice

Securing fair compensation for human rights violations is complex and challenging. That’s why it’s vital to consult with experienced human rights solicitors. At Enable Law, our trusted specialists have the knowledge and expertise to advocate effectively for you and your family and will work to ensure your claim is handled with the utmost care and precision.

 

How to make a human rights compensation claim

Navigating the path to justice after a human rights violation can be complex and overwhelming. Specialist legal assistance is crucial for navigating the complexities of human rights claims.

  • Identify the human rights violation: The first step is to clearly identify which of your human rights have been violated . In many cases, you may know something went wrong but are unsure which of your rights was violated. This is normal, and an experienced solicitor will be able to listen to your experience and with their deep knowledge of the law, will help you understand what happened in legal terms. Understanding exactly what happened and how it affected you is key to building your case.
  • Gather evidence: Collect any evidence that supports your claim, such as medical records, police reports, witness statements and any other important documentation. Getting all this together can be challenging, but an experienced solicitor can help you and, in some cases, gather this information on your behalf. 
  • Seek legal advice: If you have not already done so, this is the time to consult with an experienced human rights solicitor who can help you understand your rights and assess whether you have a viable claim. Your solicitor will explain potential legal actions. 
  • Start legal proceedings: Your solicitor will help you file the claim with the appropriate court or tribunal. Pre-trial procedures may involve exchanging documents, attending mediation or participating in other processes. Most of our cases settle without needing to go to court. 
  • Going to court: If your claim proceeds to court, your legal team will represent you to ensure your rights are upheld. Court actions can be complex and may involve several hearings, but your solicitor will be there to support you throughout the process.

 

Client success stories

 At Enable Law, we have a successful track record of representing people in a wide range of human rights cases. Our experienced solicitors are committed to fighting for justice and securing compensation for victims of human rights violations. Here are some recent cases: 

  • Recovering damages for a woman who was placed in a care home by a Local Authority even though she was asking to go home. There was no lawful basis for this and she was ultimately able to return home with a suitable care package after a significant period.
  • Representing a child who experienced significant disruption while in care and potentially missed out on the opportunity to be adopted due to delays by the Local Authority.
  • Representing the family of a young person who took her life while she was a patient in a psychiatric hospital. 
  • Securing compensation for a child who experienced significant neglect from 6 months to 13 years old, including a failure to provide a nutritionally balanced diet and ensure appropriate medical treatment was provided after a Type 2 Diabetes diagnosis. 
  • Representing a young disabled person who experienced a delay of 7 years in achieving a permanent placement while in the informal care of the Local Authority, causing a loss of chance to be adopted.
  • Representing a person with disabilities who was left living in extremely poor home conditions with their family, including no bed to sleep on and no access to a toilet or bathroom. There was a delay of over 3 years in the person being removed to safety by the Local Authority.
  • Securing compensation for a child who suffered significant harm over a substantial period of time while placed to live with relatives after being removed from their parents by the Local Authority.
  • Securing compensation for a child due to the Local Authority failing to issue care proceedings to achieve permanency for them, despite it being clear the child could not return to the care of their parents. 

 

How much compensation can be awarded for human rights violations?

The level of compensation awarded for a human rights violation can vary significantly depending on several factors, including:

  • The severity of the violation: More severe violations, such as torture or prolonged abuse or detention, may result in higher compensation.
  • Long-term impact: The extent of the physical and psychological harm inflicted and the impact over time.
  • Loss of earnings or other damages: Financial losses, such as lost income or medical expenses, can be compensated.

 

The need for specialist legal support

Holding public authorities accountable demands expert legal representation. These cases often involve complex legal frameworks and demand an in-depth understanding of national and international human rights laws. 

Our dedicated human rights team is here to provide the specialist legal guidance you need to challenge public authority human rights violations. By making public bodies accountable for their actions, we can help protect human rights for all and make the world safer.

Trusted expertise

As expert solicitors focusing on serious injury, medical negligence, mental capacity and education, you can trust us to get the best results for you.

We know how hard it is to deal with the harm you or a loved one has suffered. We’ll support you with empathy every step of the way.

We can help you on a no win no fee basis, meaning you don’t need to worry about funding legal costs

Our support doesn’t end after a claim. We can help you with your financial affairs after settlement and introduce you to charities and organisations that might be able to help you going forward.

Why hire specialist human rights lawyers?

Human rights cases often involve complex legal issues. It’s crucial to hire a solicitor with expertise in human rights law so that your rights are protected, and you receive the justice and compensation you deserve. 

Concerns about finances should never prevent you from seeking justice. Our specialist team offer  No Win, No Fee arrangements, minimising the financial risk involved in pursuing a claim. Sometimes, subject to eligibility, Legal Aid may be available.

Client stories

Our partners

Expert legal help following a serious personal injury

If you’ve suffered a serious injury, speak to one of our specialist serious injury solicitors now for a free, confidential discussion of your claim.

Human rights compensation claims FAQs

We can offer various options for funding your claim so you do not need to pay anything up front.

Each case is different, so it is difficult to say how long it will take without looking at its specifics. Some factors that will impact how long it may take include the complexity of what led to the violation, the availability of evidence for proving it, the complexity of the long-term needs it had led to and the ease of documenting them.

Every case is different, and the types of evidence required will depend on what allegedly happened. Some types of evidence commonly needed include: any police or other authority reports available, medical records documenting the harm done and the long-term needs it created, and any witness statements available. 

Yes, there are time limits for claiming human rights violations. There is a one-year limitation period for bringing a claim under the Human Rights Act 1998 in the UK. This means that you must file your claim within one year of the date of the alleged violation.

It is important to note that the time limit for filing a claim is strict. If you miss the deadline, you may not be able to bring a claim at all. Therefore, it is important to seek legal advice as soon as possible if you believe your human rights have been violated.

Here are some common ways to identify if your human rights have been violated:

Physical harm: This can include sexual and physical abuse.

Unlawful detention:  if you or a loved one have been placed in a residential unit without appropriate lawful basis and without your agreement.  

If you believe your human rights have been violated, it’s important to seek legal advice.

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If you would like us to call you back to discuss a potential claim, please complete the form below and a member of the team will call you at a time convenient to you. We are in your corner and ready to help. Alternatively, you can contact us by email.

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