Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» I'm being sued...?
by spinsphere Today at 2:11 pm

» My first County Court Claim Form
by AgentOrange Today at 2:00 pm

» Worldwide Government Device Requests
by handle Today at 1:49 pm

» Films 1980's
by actinglikeabanker Today at 12:59 pm

» Stuck In A Loop?
by actinglikeabanker Today at 12:22 pm

» ...Is the corruption becoming so obvious even the sheep can see it?
by ceylon Today at 12:17 pm

» My credit card come back alive
by 1saberwow Today at 12:37 am

» Let's Have Some Tunes thread.
by actinglikeabanker Today at 12:34 am

» BBC TV Licensing harass the public but look what happens if we knock on their door!
by Kestrel Yesterday at 8:57 pm

» Car Rip Offs
by daveiron Yesterday at 8:07 pm

» Lowell threatening me Again !!
by daveiron Yesterday at 8:02 pm

» Court claim
by daveiron Yesterday at 7:26 pm

» Hydrogen Water
by assassin Yesterday at 6:27 pm

» Spring Onions
by assassin Yesterday at 6:26 pm

» Lowell Solictors
by Geech Yesterday at 6:21 pm

» ...The KaK & M@© Show Who else is being rapped?
by ceylon Yesterday at 6:01 pm

» Alexa records conversation and sends it to 3rd party
by jss64 Yesterday at 5:33 pm

» UK Column Friday 25/05/2018: The Trump Card or is it One.
by ceylon Yesterday at 2:25 pm

» Shocking Video: Newborn Infants Die While Mother Pleads for Help, Hospital Staff Refuse to Assist
by ceylon Yesterday at 1:25 pm

» ...RED ALERT RED ALERT RED ALERT IS GOD A SEX PEST?
by ceylon Yesterday at 11:54 am

» time to put the silicon obsession down
by toolapcblack Yesterday at 11:25 am

» The Jo Cox Assassination (An Independent Investigation by Richard D Hall)
by toolapcblack Yesterday at 11:20 am

» New member from old GOODF, need some advice
by watevah Yesterday at 2:29 am

» A woman is arrested after asking MET Police why muslims are allowed to break the law
by midnight Thu May 24, 2018 10:37 pm

» ...The KaK & M@© Show. Are wood burning stoves the new CRACK?
by ceylon Thu May 24, 2018 5:30 pm

» County Court Claim
by 2521183 Thu May 24, 2018 3:09 pm

» UK Column
by ceylon Thu May 24, 2018 3:02 pm

» Hello found you again
by 2521183 Thu May 24, 2018 2:53 pm

» COUNTY COURT CLAIM - CPR18 - Credit Agreement Provided. How to amend
by 2521183 Thu May 24, 2018 2:47 pm

» ...Is it propaganda time to attack Russia? Are you ready for the False flag on the 25th?
by ceylon Thu May 24, 2018 12:44 pm

» GDPR - might keep the banks and DCAs etc at bay (legally)
by pieintheskywhenIdie Thu May 24, 2018 12:28 pm

» Amazon selling facial recognition to police
by handle Thu May 24, 2018 10:40 am

» Lowell Providing "statement" as proof for alleged debt
by stormy121 Thu May 24, 2018 9:58 am

» Planting Radish Microgreens
by actinglikeabanker Thu May 24, 2018 8:25 am

» Super Simple DIY Router Table
by actinglikeabanker Thu May 24, 2018 8:12 am

» Dumb Policeman
by assassin Thu May 24, 2018 1:26 am

» Reality chat with peter howard and company
by Society of the Spectacle Wed May 23, 2018 7:36 pm

Moon phases


Human Rights Act - Article 5

Go down

Human Rights Act - Article 5

Post by assassin on Sat Mar 04, 2017 1:17 am


Your right to personal liberty


In the UK, human rights are protected by the Human Rights Act 1998. The Act gives effect to the human rights set out in the European Convention on Human Rights.

Article 5 - the right to liberty and security is one the rights protected by the Human Rights Act.

Read this page to find out more about what this right means under the Human Rights Act.

What rights are protected under article 5?

Article 5 protects your right not to be deprived of your liberty or freedom unless it’s in accordance with the law.

This means you mustn’t be imprisoned or detained unless there's a law which allows it and the correct procedure is followed - for example, the imprisonment of criminals.

What kind of detention is covered by article 5?

Article 5 covers you if - for example:
•you’re detained in a hospital, care home or mental health hospital
•you’re in prison or in police custody
•your freedom of movement has been significantly restricted - for example, by a curfew order.

When can you use article 5?

You can use article 5 to challenge detention which you think is unlawful because - for example:
•the correct procedure wasn’t followed
•your detention hasn’t been reviewed in accordance with the law
•you’ve been detained for longer than is allowed under the law.


Example

You care for your daughter who has a severe learning disability. You were unwell recently and agreed for the local authority to place her in a care home until you got better. Whilst she was there, the local authority decided she should be kept in the care home instead of being returned home.

Both you and your daughter want her to come home as you’re able and willing to care for her. But the local authority refuses to listen to you and won’t take your daughter’s wishes into account.

This could be a breach of your daughter's right to liberty. The local authority can only detain your daughter in the care home if they've followed the proper procedure under the law. So - for example, if they've not properly assessed her needs or reviewed her detention as required by the law, they could be breaching article 5.

Article 5 is a limited right. This means it can be limited in very specific situations set out in the article.
•More about limited rights and when your rights can be interfered with

Next steps
•What rights are protected under the Human Rights Act?
•When can a public authority interfere with your human rights?
•Who's breaching your human rights?
•Taking action about human rights
•The Human Rights Act 1998
avatar
assassin
Admin
Admin

Posts : 1403
Join date : 2017-01-28
Location : Wherever I Lay My Head

Back to top Go down

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum