Human Rights and Civil Liberties

Human Rights and Civil Liberties

Protecting human rights and holding public bodies to account

Decisions made by public bodies can affect fundamental aspects of your life, including your home, your family, your health and your ability to live with dignity.

Where those decisions interfere with your basic rights or treat you unfairly, it is important to understand what can be done to challenge them.

At Watkins Solicitors, our Public Law and Human Rights team supports individuals, families and organisations across England in protecting their rights and holding public bodies to account.

We provide clear, practical advice to help you understand your position and take steps to challenge decisions that are unlawful, discriminatory or disproportionate.

To speak to our team, please call 0117 939 0350 or email info@watkinssolicitors.co.uk.

Specialist advice

Public law and human rights expertise focused on decisions made by public bodies.

Urgent action

Experience in complex and time-sensitive cases affecting liberty, safety and support.

Practical outcomes

Clear advice on the most effective route to challenge unfair or unlawful decisions.

Legal Aid advice

Guidance on whether Public Law Legal Aid funding may be available.

How Public Law Protects Human Rights

Public law, including judicial review, is one of the main legal routes used to protect human rights in the United Kingdom. It allows the courts to examine whether decisions made by public bodies are lawful, fair and compatible with fundamental rights.

Rights and protections may arise under

  • The Human Rights Act 1998, including rights such as family life, liberty and protection from inhuman or degrading treatment
  • The Equality Act 2010, which protects against discrimination and requires public bodies to consider equality impacts

Judicial review may be used to

  • Challenge decisions that interfere with family or private life
  • Prevent unlawful detention or restrictions on liberty
  • Address discrimination or unequal treatment
  • Require public bodies to act lawfully and fairly

Public bodies must consider fundamental rights properly

Where a public body fails to take protected rights into account, or interferes with them without proper justification, the decision may be open to challenge.

Our role is to help you understand whether your rights may have been affected and what legal steps can be taken to protect them.

Key Areas of Human Rights and Civil Liberties Work

We act across a wide range of cases where human rights and civil liberties are central to the issue. These matters can be complex, time-sensitive and have a significant impact on individuals and families.

Immigration and Detention

Examples of cases

  • Unlawful or prolonged immigration detention
  • Failures to properly consider asylum or human rights claims
  • Lack of accommodation or support for vulnerable individuals
  • Decisions affecting families and children without proper consideration of their rights

Urgent protection of liberty and safety

We advise where immigration decisions or detention may be unlawful or unfair.

These cases can require urgent action, particularly where a person’s liberty, accommodation or safety is at risk.

Housing and Living Conditions

Housing issues may include

  • Failures to provide suitable accommodation
  • Poor or unsafe housing conditions
  • Unlawful homelessness decisions
  • Delays leaving individuals without accommodation or support

Safe and suitable accommodation

Access to safe and suitable housing is closely linked to dignity, health and family life.

We help individuals and families hold local authorities accountable and seek decisions that are made properly and fairly.

Policing and Public Authority Powers

Potential concerns may include

  • Unlawful use of powers affecting liberty or movement
  • Failures to follow proper procedures
  • Disproportionate or unjustified decision-making
  • Breaches of individual rights during investigations or enforcement action

Lawful and proportionate use of power

Public bodies, including the police, must exercise their powers lawfully and proportionately.

These cases often require careful analysis of both the law and the facts to determine whether a challenge is appropriate.

Discrimination and Equality

Examples of equality concerns

  • Decisions that disproportionately affect vulnerable groups
  • Failures to consider equality impacts
  • Unfair or inconsistent application of policies
  • Barriers to accessing services or support

Fair treatment and equality duties

Public bodies must act fairly, avoid unlawful discrimination and consider how their decisions affect different groups.

These cases may involve one individual or wider issues affecting a group of people.

Health and Social Care

Human rights issues in health and social care can arise from a formal decision made by a public body, and also from the way a person is treated, cared for, supported, restricted or safeguarded.

We advise individuals, families and representatives where serious failures in health or social care may have affected a person’s dignity, safety, liberty, family life or wellbeing.

Human rights issues may include

  • Unsafe or inappropriate care
  • Failure to meet assessed needs
  • Neglect or safeguarding failures
  • Inappropriate restraint or seclusion
  • Unlawful or excessive restrictions on liberty
  • Degrading or harmful treatment
  • Failure to respect dignity, autonomy or family life
  • Medication errors
  • Failures in mental health care
  • Disputes about care provision
  • Decisions affecting discharge from care or hospital

Rights that may be relevant

Human Rights Act claims in health and social care settings may involve:

  • Article 2: right to lifeThis may be relevant where there are serious questions about whether appropriate steps were taken to protect someone’s life.
  • Article 3: inhuman or degrading treatmentThis may be relevant where care or treatment has been degrading, or caused significant harm and distress.
  • Article 5: liberty and securityThis may be relevant where someone has been unlawfully deprived of their liberty or been subject to excessive restrictions.
  • Article 8: private and family lifeThis may be relevant where a person’s dignity, autonomy, relationships, family life, home life or communication needs have not been properly respected.
  • Article 14: protection from discriminationThis may be relevant where a person is treated less favourably than another person in a similar situation without reasonable justification.

These issues may arise in care homes, supported living arrangements, inpatient mental health units, autism treatment units, hospitals, community care services or where care is provided in a person’s own home.

We can help you understand whether human rights protections may apply, whether a decision or course of treatment can be challenged, and what legal route may be most appropriate.

A Focus on Accountability and Fairness

Many human rights cases involve not only individual decisions, but wider concerns about how public bodies operate.

We act in cases that

  • Challenge policies that affect groups of people
  • Address ongoing or systemic failures
  • Seek to improve decision-making processes
  • Ensure that public bodies meet their legal obligations

Working with organisations and communities

We work with charities, community organisations and advice agencies to address issues that go beyond a single case.

Strategic challenges may help improve decision-making and outcomes for wider groups affected by the same policy or repeated failure.

What This Means for You

If your rights have been affected, or you believe a decision has been unfair or discriminatory, it can be difficult to know what to do next.

1

Understand your situation

We take the time to understand what happened and how the decision has affected you.

2

Identify the rights involved

We consider whether human rights, equality duties or other legal protections may apply.

3

Assess the decision

We review whether the decision was lawful, fair, proportionate and properly reasoned.

4

Identify the correct route

We advise whether judicial review or another legal process is most appropriate.

5

Consider urgency and funding

We explain relevant time limits, urgent protective steps and whether Legal Aid may be available.

6

Take practical action

We help you move forward with clear, realistic advice and focused next steps.

Early advice can make a significant difference, particularly in urgent situations or where strict time limits apply.

Concerned that a public body has affected your rights?

Our team can assess what has happened, explain the protections that may apply and advise on the most effective next steps.

We Are Here to Help

Our Public Law and Human Rights team supports individuals, families, professionals and organisations across England in challenging decisions made by public bodies.

We are widely recognised for specialist expertise and for acting in complex and often urgent cases where early action is critical.

Our approach is clear, practical and responsive, helping you understand your rights, options and next steps.

Support Through Every Stage

We guide clients from early advice and pre-action steps through to court proceedings where necessary.

Wherever possible, we focus on resolving issues efficiently and effectively, including opportunities to achieve a positive outcome without a full hearing.

We hold a Public Law Legal Aid contract and can advise whether funding may be available.

Contact Our Public Law and Human Rights Solicitors

If a public body decision has affected your home, family, health, liberty, dignity or access to services, our team can help you understand whether your rights may have been breached and what can be done next.

We advise individuals, families, professionals and organisations across England.

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