How can you argue a claim on Human Rights grounds ?

Section 6(1) Human Rights Act 1998 provides that government bodies must make decisions that are compatible with fundamental human rights and freedoms that everyone in the UK, and seeking to enter the UK is entitled to.

Human Rights Lawyers in London

Human rights law exists to protect individuals from unlawful interference by the state, public bodies, and those exercising public functions. When those rights are breached or when you need to rely on them to secure your legal status or protect your family, having the right legal team on your side is essential.

At BHD Solicitors, our human rights solicitors in London have extensive experience representing individuals and families across a wide range of human rights matters. With over 30 years of experience in successfully challenging UK government decisions, we are particularly well known for our work in human rights law. We regularly secure positive outcomes for clients who have been refused, who face removal, or whose cases present complex and sensitive circumstances.

Whether you are facing deportation, challenging a decision by a public authority, or need to rely on your rights under the Human Rights Act 1998 to remain in the UK with your family, our specialist human rights solicitors will provide clear, practical advice and robust representation at every stage.

Contact our human rights solicitors in London and Croydon

For further information and a free telephone consultation, call our London or Croydon offices today on 0208 681 5128 and speak to one of our senior human rights solicitors.

What are human rights and why do they matter?

Human rights are the fundamental rights and freedoms to which every person is entitled, regardless of nationality, status, or background. In the UK, these rights are protected by the Human Rights Act 1998 (HRA), which incorporates the rights set out in the European Convention on Human Rights (ECHR).

These rights cover some of the most fundamental aspects of life, including the right to life, the right not to be tortured or subjected to inhuman treatment, the right to a fair trial, and the right to respect for private and family life. When a public authority, including the Home Office, the police, or a local council, acts in a way that is incompatible with these rights, you may be able to bring a legal claim.

Human rights arguments are also frequently raised in immigration proceedings, where they can be decisive in preventing removal, securing leave to remain, or challenging a refusal decision.

Human rights cases we handle

Our human rights solicitors in London advise and represent clients across a broad range of matters. The cases we handle include:

Families and individuals who cannot meet the Immigration Rules
Fresh applications following previous refusals
Cases involving the best interests of a child
Applicants who cannot satisfy the requirements for entry clearance
Complex entry clearance applications to reunite families
Long residence and leave to remain
Immigration limbo and inability to return
Severe health conditions requiring ongoing treatment in the UK
Revocation of deportation and exclusion orders
Challenging visit visa refusals
Seeking damages for breaches of rights

The Human Rights Act 1998: your protections

The Human Rights Act 1998 makes it unlawful for any public authority to act in a way that is incompatible with a Convention right, unless it is required to do so by primary legislation. The key rights protected under the HRA include:

Article 2: The right to life.
Article 3: The right not to be subjected to torture or inhuman or degrading treatment.
Article 5: The right to liberty and security.
Article 6: The right to a fair trial.
Article 8: The right to respect for private and family life.
Article 10: The right to freedom of expression.
Article 14: The right to enjoy Convention rights without discrimination.

Some rights are absolute, meaning they cannot be limited under any circumstances. Others are qualified, meaning they can be interfered with where doing so is lawful, necessary, and proportionate. Understanding which rights apply to your situation and how they operate is essential, and our solicitors are here to help you navigate this.

Article 8: Right to private and family life

Article 8 of the Human Rights Act is one of the most commonly relied upon rights in immigration and human rights cases in the UK. It protects your right to respect for your private life, your family life, your home, and your correspondence.

In immigration proceedings, Article 8 is frequently argued where removal or refusal would separate a person from their family in the UK, or where the applicant has established a significant private life over many years of lawful or unlawful residence. Any interference with these rights must be proportionate and necessary. Where it is not, the Home Office’s decision can be challenged.

Our solicitors have extensive experience in Article 8 cases and understand how to gather and present the evidence needed to build a compelling case. We advise on the strength of your claim, the prospects of success, and the best route to pursue, whether that is a fresh application, an appeal, or a judicial review.

Human rights in immigration cases

Human rights law often plays a central role in UK immigration proceedings. Our immigration solicitors regularly rely on the HRA and the ECHR to:

Prevent deportation or removal where it would breach an individual’s fundamental rights.
Secure leave to remain for applicants who cannot meet the Immigration Rules but who have compelling human rights grounds.
Support asylum, refugee and humanitarian protection claims where return to the country of origin would put the applicant at risk.
Challenge detention and deportation decisions that are unlawful or disproportionate.
Support immigration appeals and reviews where human rights grounds have not been properly considered.

Human rights arguments are not a last resort. In many cases, they are the most effective tool available, and raising them early can significantly improve the outcome of an application or appeal.

How to make a human rights claim

Making a human rights claim requires careful preparation and a clear understanding of the legal framework. The process typically involves the following steps:

Initial assessment. Our specialist human rights solicitors review your circumstances in detail and advise on whether you have a viable human rights claim, which rights are engaged, and the best route to pursue.
Gathering evidence. We identify the evidence needed to support your claim, which may include medical reports, family life evidence, country information, expert reports, and witness statements.
Preparing and submitting your case. We draft your application, submissions, or claim with care, ensuring that the human rights arguments are presented clearly and compellingly.
Representing you at hearings. Where your case proceeds to a hearing, our solicitors provide full representation, whether before the First-tier Tribunal, the Upper Tribunal, or the High Court.
Pursuing further steps if needed. If an initial decision goes against you, we advise on the prospects of appeal, judicial review, or other remedies and take the necessary steps to protect your position.

Legal aid and funding options

We understand that the cost of legal representation can be a concern, particularly for clients who are already facing significant personal difficulties. We offer a range of funding options to help make expert legal advice accessible.

Legal aid may be available for human rights cases, subject to a means test and a merits assessment. This means that if you qualify financially and your case has reasonable prospects of success, the cost of your legal representation may be covered in full or in part.

We assess eligibility for legal aid at the outset of every case and will advise you clearly on whether you are likely to qualify. Where legal aid is not available, we discuss private funding options and ensure you have a clear understanding of the likely costs before proceeding.

In all cases, we offer a free 15-minute consultation with a fully qualified immigration solicitor. During this initial consultation, you will receive free, tailored advice on the best course of action for your situation.

Why work with our human rights solicitors?

With over 30 years’ experience, our immigration specialists have consistently delivered successful outcomes for clients across the UK, including for human rights claims. When we represent you, we pursue every available legal avenue and ensure your case is presented to the very highest standard.

We offer competitive pricing, a free initial telephone consultation, and a genuinely personal service. Our team includes senior solicitors with specialist expertise in human rights and immigration law, and we have offices in both London and Croydon to make accessing expert advice as straightforward as possible.

We are also accredited in Immigration Law Advanced and highly ranked for our immigration work in the South East by prestigious client guide, the Legal 500, which demonstrates our high level of expertise handling complex immigration and human rights work.

Frequently asked questions about human rights law

What does a human rights lawyer do?

Our human rights lawyers advise individuals whose fundamental rights have been breached or are at risk of being breached by a public authority. They assess the legal position, gather evidence, prepare applications, challenge decisions, and represent clients in hearings and appeals.

What are the basic human rights in the UK?

The basic human rights in the UK are set out in the Human Rights Act 1998, which incorporates the rights contained in the European Convention on Human Rights. These include the right to life, the right not to be tortured or subjected to inhuman treatment, the right to liberty, the right to a fair trial, and the right to respect for private and family life, among others.

Can I get legal aid for a human rights case?

Legal aid may be available for human rights cases. We assess eligibility at the start of every case and will advise you on whether you are likely to qualify. Where legal aid is not available, we discuss alternative funding options with you.

How long do I have to bring a human rights claim?

The time limit for bringing a human rights claim under the Human Rights Act 1998 is generally one year from the date of the unlawful act or omission complained of, although courts have discretion to extend this in appropriate cases.

In immigration proceedings, different time limits can apply depending on the type of decision being challenged. It is important to seek advice as early as possible to preserve your options.

What is Article 8 and how does it protect families?

Article 8 of the Human Rights Act protects the right to respect for private and family life, the home, and correspondence. In immigration cases, it is frequently relied upon to prevent the removal of individuals with strong family ties in the UK, or where removal would disproportionately interfere with an established private life.

Who can I make a human rights claim against?

Under the Human Rights Act 1998, human rights claims can be made against public authorities. This includes government departments such as the Home Office, the police, local authorities, NHS trusts, courts, and other bodies exercising public functions. Claims cannot generally be brought against private individuals or companies, unless they are performing a public function.

Get expert advice from our human rights solicitors in London and Croydon

As specialist human rights and immigration solicitors in London and Croydon, we provide tailored, practical advice to help you understand your rights and take the right steps to protect them.