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Private & Family Life

The European Convention on Human Rights 1950, brought into English law by the Human Rights Act 1998, guarantees your most fundamental human rights, including the rights to private and family life, your home and your correspondence (Article 8 ECHR).

These rights can only be interfered with in certain limited circumstances, and if there is not a lawful basis for the interference then legal action can be brought.

If you have been the victim of unlawful police restraint or the police have searched you and kept your personal data on record without good reason, then your Article 8 rights may have breached.

Human rights law also places obligations on public bodies to respect our right to privacy when storing and disclosing our personal data, or when we require access to data held about us.

Hodge Jones & Allen is one of the leading law firms in the UK specialising in human rights cases (Chambers 2016). Our passionate and committed team of solicitors has vast experience in bringing and winning difficult, controversial and high profile cases, and we are dedicated to fighting on your behalf to protect your basic human rights.

Your rights breached?

If you believe your right to private life has been breached, our specialist lawyers may be able to bring a claim on your behalf for compensation or other redress, including apologies, admissions of wrongdoing and changes to bad practice.

Recent case

A recent example of our work in this area is a case in which we represented a group of claimants following two unlawful disclosures of private information by a local authority. After our clients had complained about anti-social behaviour in their neighbourhood, the local authority served notices on those who were committing anti-social behaviour. In a breach of data protection principles, those notices included our clients’ personal details, and the police had to intervene to prevent disorder in the neighbourhood.

In a separate incident, the local authority published personal data of some of the same clients on the internet in breach of Article 8 ECHR. This data included names, addresses, relationship status, gender, ethnicity, religion and sexual orientation. After we presented our clients’ case, the local authority agreed to settle the case, providing our clients with compensation and a letter setting out an explanation, apology, lessons learnt and changes made following the failures.

Next steps

To find out more and to see if we can help you, please contact us on our free telephone number 0800 437 0080, or contact us via our website. All communications will be treated in confidence, even where you do not become our client. If we can take on your case, we will give you full details about costs, including advising you on the availability of legal aid and Conditional Fee or “no win, no fee” agreements.

If you might want us to investigate a claim for you, it is important that you do not delay and you contact us as soon as possible. The law requires that cases are started at court within specific timescales. Most civil claims for compensation (for a breach of human rights) must be issued at court within one year, but to make sure evidence is collected and the case is properly prepared, the sooner you contact us, the better. However, if you think you might be out of time, don’t let this stop you from calling us – we will advise you if this is a problem, and if we can take your case on, we will fight to get your claim heard.

Our private and family life specialists are part of our London based human rights team. We have almost four decades of experience helping clients from around the UK with a wide variety of legal matters. For expert legal advice use our contact form or call us on 0808 250 6017 today.