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Human Rights Act

A Human Rights Act assessment examines whether housing-related decisions by public authorities infringe upon an individual’s Convention rights. This expert witness report provides a clinical and technical analysis of proportionality and necessity in cases involving potential breaches of Article 8 or Article 3.

Overview

When this report is required

  • Article 8 proportionality challenges against local authority possession proceedings involving vulnerable occupants
  • Assessment of Article 3 thresholds where housing conditions or homelessness are alleged to constitute inhuman treatment
  • Review of state positive obligations to provide suitable accommodation for individuals with severe physical or mental disabilities
  • Challenges to “no recourse to public funds” policies where exclusion from housing leads to a violation of human dignity

What the expert assesses

  • Engagement of Article 8 respect for home
  • Proportionality of eviction in social housing
  • Clinical impact of Article 3 “threshold of severity”
  • Causation between housing denial and psychiatric injury
  • Suitability of accommodation for fundamental rights

Report specification

Element Detail
Assessment Setting Clinic, Site Visit, Remote
Court Acceptance County Court, High Court, Upper Tribunal
Compliance CPR Part 35
CPR Part 35 Compliant Digital Delivery Urgent Instructions

Specialist expertise

Consultant Psychiatrists Social Policy Experts Consultant Psychologists
While these are the primary specialists engaged for this instruction type, please note that every case turns on its own facts. Complex or multi-disciplinary cases may require a bespoke team of experts. Our case managers will review your specific instruction to ensure the correct clinical match.