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Human Rights

The Human Rights Act 1998 is part of English Law and serves to guarantee the rights and freedom of all persons in society. Some of the rights in this legislation include :-

  • The right to a private life
  • Freedom from discrimination or harassment
  • Access to healthcare and medication

Public bodies must abide by the act, including the NHS, local authorities, prisons and the Police. A child or vulnerable adult must be given the rights and freedoms set out and where they are not there will be an infringement of their human rights.

The Mental Capacity Act 2005 is a piece of legislation which under certain circumstances authorises a public body to take away a person’s freedom. Recent case law suggests that where a person lacks capacity to consent to residing in a care home or receiving treatment in hospital, is under constant supervision and control and is not free to leave, they are deprived of their liberty. This deprivation of liberty must be authorised by way of a Standard Authorisation, sometimes called a DoLS Standard Authorisation.

The guidance suggests that when a placement is sourced for a vulnerable person it should be the least restrictive option to maximise their independence, with safety being the paramount concern.

However, there are occasions when public organisations have acted unlawfully or not followed the provisions contained within the Human Rights Act or the Mental Capacity Act, when working with members of society and this can be devastating for the person affected and their families.

The Abuse team at Ramsdens Solicitor’s, work with vulnerable adults and children on matters where there have been failures by individuals working for the state. Our cases include:

  • Misconduct by those protecting persons in custody. This can include in detention centres, prisons, Mental Health hospitals, Care homes etc.
  • Breaches of Human Rights by public authority failings e.g. care, education etc..
  • Misuse of personal data
  • Unlawful detention under the Mental Health Act
  • Unlawful Deprivation of a person’s liberty


Here at Ramsdens Solicitors we have a team of expert legal specialists, who are experienced in helping clients to access the legal options available to them and to seek justice for their maltreatment. If any issues within this article have affected you or a loved one please contact the abuse team on 0113 887 1834 for a chat in total confidence. Alternatively, you can make an enquiry using the enquiry form and we will be in touch when it is convenient for you.