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Making use of the Human Rights Act

Stephen Cragg QC3 November 2016

Online resources

  1. Online description of Articles in the ECHR


  1. Article 19 UNCRPD
  1. British Institute of Human Rights

Link to the case studies page


  1. What can the Human Rights Act do for my Mental Health?

Baroness Hale lecture

  1. Elaine McDonald

Press summary for McDonald in the Supreme Court

The full judgment

Article on McDonald v UK in European Court of Human Rights

The full ECHR judgment

  1. NHS Constitution
  1. Perry Clarke

Summary from BIHR website:-

Perry Clarke is a 27 year old man who until 2013 had his care and support provided by the Borough of Enfield. In 2013 he became ordinarily resident in Sutton. Perry has severe epilepsy and mental health and behavioural difficulties. When Enfield passed his care on to Sutton, they recommended that his care continued to be provided by the specialist service that had delivered his care package since 2011.

Sutton did not initially reassess Perry. When they did it was decided that instead of the specialist care package Perry had at the time, where he was supported by staff who had the skills to administer lifesaving medication, he would be moved to a non-specialist service that was nearly a thousand pounds a week cheaper. Perry’s lawyers applied to the court to challenge the decision, which was made against all evidence that suggested his needs had not changed and the new care package would not meet his needs.

Sutton agreed the decision engaged Perry’s Article 8 right to private and family life, home and correspondence, which meant that those rights should be considered in the decision. The judge found that the new care provider proposed by Sutton had not managed to explain how they would manage Perry’s health conditions under a significantly reduced care plan. The local authority were moving Perry from his own tenancy, his own home, to a place the local authority had chosen where there was no care plan in place for his needs – a potentially life threatening decision. Perry should also have been involved in the decision making process about his own life and home. This breached his right to respect for home and private life and the judge overturned the local authority’s decision to terminate the original care package.

There are plenty of laws that protect the traditional idea of ‘home’ but only the Human Rights Act recognises that living in residential care is as much a home to the people who live there and only the Human Rights Act protects people from the wrenching consequences of losing that home.

Full High Court judgment

  1. In the matter of MN (Adult)

Court of Appeal judgment limiting role of Court of Protection in deciding what services should be provided to an incapacitated adult in their best interests.

Commentary from 39 Essex Chambers

  1. Mathieson

Breach of Art 14 (and right to enjoyment of property) in relation to child on long –term stay in hospital from whom DLA withdrawn as a result of new government regulations.

Supreme Court press summary

Full judgment

Stephen Cragg QC

@stephencragg1