Human Rights Breaches
Human Rights Breaches Compensation Claims
Under the Human Rights Act, everyone has the right to respect for their private and family lives, their home and their correspondence. It is in place to ensure all are treated fairly, equally, and with dignity, and are afforded the ‘right to life’ at all times.
This means that police forces across the UK, under Article 2 of the Act, are required to safeguard the lives of everyone by having effective criminal legislation, and properly enforcing it. They are therefore required and expected to take reasonable steps to protect an individual if they know, or ought to know, that there is a real and immediate risk to their life.
Specialists in Human Rights Breaches
Our team at Hudgell Solicitors have represented many clients who have been the victims of Data Protection breaches through police forces misusing their personal information. Sadly, the requirement to protect the private information of individuals appears to be a responsibility increasingly overlooked by police forces across the UK as they go about their daily duties.
- With an expert legal team experienced in holding public authorities to account, we will be a strong and reliable partner in your challenge against the state.
- We offer competitive private funding rates and routinely act for clients who pay privately. We are proud of the service we offer to our clients.
- We are also a practice that has the benefit of a legal aid franchise and as such, are able to act for the most vulnerable clients, at no cost to you.
- Award winning team who have been nationally recognised and widely accredited for delivering civil liberties legal services to our clients.
This is a mark of quality awarded by The Law Society to law firms who demonstrate and maintain the highest levels of management and customer care standards. Re-assessment for Lexcel is carried out annually to ensure we continue to meet required standards of excellence in areas such as client care, case management and risk management.
Making a Human Rights Claim
Our team at Hudgell Solicitors has extensive knowledge and experience in handling cases relating to human rights laws, the right to life and data protection. We can offer free legal advice, and promise to make the claims process as simple and as stress free for you as possible, looking to secure admissions of errors and the maximum possible compensation settlement.
Our Human Right Breaches Experts
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How much will my claim cost?
All human rights breach cases taken on by Hudgell Solicitors are handled on a no win no fee basis. This means that you will not have to pay any money up front and there will be no financial risk if your case is unsuccessful.
If your case is successful, you will only be expected to pay a contribution to your solicitor’s fees once the case has been resolved. The costs paid are usually a percentage of the compensation awarded and will be agreed before your case is carried out.Find out more
Police forces naturally acquire sensitive information on many people as they gather evidence, information which is unfair to divulge to others and could cause future prejudice against an individual who has done no wrong. It is this information that the police have a duty to protect and respect.There have been many cases of Data Protection breaches in recent times, often due to the police forces involved overlooking their duty to always protect the privacy of those they hold information on.
In times when we are all increasingly subjected to information gathering, and when many organisations collate information on individuals in almost every aspect of life, much greater responsibility is falling on those who hold sensitive and private details to ensure they remain confidential. Only when there are concerns over national security, public safety, the prevention of crime or protection of the rights and freedoms of others can that privacy protection be breached.
The number of allegations against police forces in England and Wales soared to 69,571 in the 12 months from April 2014 to April 2015 – a 13 per cent rise.
However, when matters were investigated by the forces involved themselves, just 19 per cent of complaint investigation appeals were successful. When cases were passed on to be considered by the IOPC, 39 per cent were successful.
Such a large discrepancy in outcomes casts doubt over the fairness of hearings heard by forces themselves. Many people turn to us when they have become frustrated with the internal police complaints procedures.
With our legal expertise and experience, we will ensure full investigations are carried out into your individual case as part of your claim.
Not necessarily, although we will generally advise people to do this before we consider accepting instructions. Some complaints will be handled by the force’s own internal professional standards Department, but others may be so serious in terms of the allegations made that they have to be passed to the IOPC.
If you want to make a complaint or take legal action against the police then it helps to have names and addresses of any witnesses, and to have made a written record from yourself as soon as possible after the event.
It should be witnessed, dated and signed. If you are injured, or property is damaged, then photographs or video recordings, taken as soon as possible, will help. Physical injuries should also be medically examined.
This depends on many factors and varies largely from case to case. Factors which will be considered in all cases are the nature of a wrongful arrest, how long you were unlawfully detained for as a result and the impact on your life, and any injuries suffered as a result of excessive force, battery or assault committed by the police.
Any aggravating factors will also be taken into consideration, such as being unlawfully arrested in front of your family, friends or colleagues, or if an unlawful action does harm to your standing in the community or workplace.