Human Rights Law

The practice is ideally placed to provide advice and assistance to Care and Nursing Homes on the issues arising out of the Human Rights Act and related legislation and regulation emanating from Government given the expertise and experience that the practice has on behalf of claimants.

We are able to provide advice to Care, Nursing Homes and other related institutions regarding compliance with relevant legislation, including Mental Capacity Act, Mental Health Acts, Equality Act, Data Protection Act as well as Health & Safety.

This area of practice not only requires a comprehensive understanding of the law but the ability to be sensitive to the very human issues that affect the victims of abuse of whatever form and their families.

The practice has developed a particular specialism on the issue of deprivation of liberty for individuals within the Care and Nursing Home environments and the area of exemplary damages for abuse. The firm’s expertise includes:

• Claims for victims and their families against Public Authorities seeking damages and declarations under the Human Rights Act.
• Examples are, acting for the family of Jordon Begley at his inquest where the jury delivered a detailed Conclusion which included a number of criticisms of individual officers serving in the greater Manchester Police Force.

This has led to the Independent Police Complaints Commission applying to Court to seek the revision of its own findings into the death of Jordon Begley

• A further example of his work relates to an individual who lacked capacity and who was the victim of physical and verbal abuse of a resident at a Nursing Home. A landmark award of exemplary damages was obtained from the Court in the recent decision of In re Schwarz
• Numerous proceedings have been pursued in the Court of Protection including the leading decisions of G v Manchester City Council and Re YA
• Mark Mcghee represented Daniel Martin in his War Pensions Tribunal claim which resulted in the MoD acknowledging the existence of Gulf War Syndrome
• There have been numerous appearance before various tribunals as well as applications for Judicial Review pursued against decisions of a variety of public bodies