Violation of human rights by a private individual.

[pinktiles]

Can anyone please help me?

I have spoken with various human rights associations re the problems our family are suffering due to the actions of an individual. I am informed that HR are only covered if the perpetrators are public ie NHS, so it would appear that the individual can get away with the awful conditions we are suffering.

This is a very tricky case and for legal reasons, I cannot divulge too much information online but I can say that I am in Scotland.

We desperately need help and I am most grateful for any advice on where to turn to.

Maybe you'd be better looking at the laws to do with harassment, or whatever else might be appropriate.

Is it not covered under some other law - breach of peace, for example?

I have tried so many organisations and none are able to help as there are several serious issues - even the police are unable to help.

I cannot specify which specific area we fall under but the unions covering our industry are unwilling to help us even although it is affecting our health, livelihood and income.

The individual has an enormous amount of power and money.

If various organisations and the Police have been unable to help when presumably they know the full facts, it's very hard to see how raising a query online will get you any further when you're not able to say whether it's harrassment, a landlord issue or something else. Sorry.

It is a landlord issue although we do not come under the remit of Short Assured tenancy. We have a Secure Tenancy.

I am actually terrified to say too much.

Where do you go if you are unable to raise human rights violations but need to stop the abuse by the individual when the specific area of law is on their side?

You go to a firm of solicitors who specialise in housing law. You will then be able to talk to them in confidence and receive advice as to whether you have any legal remedy. The Human Rights Act is applicable to a limited extent in housing law, even when there is a private landlord, as it must guide the decisions and orders the court can make. I don't think there is much more that anyone can help you with here if you are not able/willing to talk about your problem.

Thank you.
I did raise this issue before and am a regular on mn but have name changed.
The issue went nuclear but as a result, our life has become worse.

If you recognise me, please don't out me.

I have spoken with Shelter and they were unable to help as it is a very complex situation.

I have contacted our MP to see if he can help.

You really do need to try to find a solicitor to help you. Some of the bigger firms may be prepared to speak with you via Skype and communicate via fax and email, so you are not necessarily limited to a firm near you.

Thank you.

Would this fall under Civil Law as it goes beyond the specific area of law involved?

The Human Rights assoc which I contacted agreed that three very specific areas were a direct violation but because it involved a private individual, they were unable to help.

I would look for a firm that advertises a speciality in both housing and human rights law. Civil law tends to refer to contractual law such as consumer disputes.

Thank you.

The Human Rights Act only covers public oragnisations, and so will not apply to the actions of an inidividual, or private company.

If the issue is with your landlord then the more relevant areas of law will be housing law (which is civil law) or, possibly, criminal law.

Amateurish - you are correct that it only covers the actions public organisations, not private entities, but the court has a duty to ensure that any orders it makes are compliant with the Human Rights Act.

The Supreme Court in Manchester City Council v Pinnock [2010] UKSC 45 held that it was necessary for an order of the court in relation to the making of an order for possession of a persons home to be compliant with that person's article 8 rights (right to a home). The court touched upon the question of whether article 8 has to be considered when the landlord is a private individual rather than a public authority, and pointed to some conflicting case law from the European Court of Human Rights, but specifically declined to decide this point, as it was not relevant to the case at hand.

There is also the potential for arguing that a declaration of incompatibility needs to be made in order for the law to be changed.

I think that this area is still ripe for expansion, but you would need a very bold and experienced legal team, as it is right at the forefront of an expanding area of law.

OP - if you are who I think you are under your name change, I think that you have a very interesting case that deserves to have experienced solicitors to look at it. As you are in Scotland, I hesitate to point you in the direction of (London) solicitors who would be interested and able to take on your case, as I am not sure that they are able to practice in Scotland. This may also depend on whether or not you qualify for legal aid. If you want to PM me, I can suggest a couple of firms, who, if they are not able to help you themselves, may be able to point you in the direction of a firm north of the border.

You need a solicitor who is familiar with Scots law, court rules and procedures. See;

www.shrlg.org.uk/2011/03/24/a-pinnock-defence-in-scotland/

Anyone on an income of £25k or less who is otherwise eligible is entitled to some legal aid. If you or on a low income and aren't eligible law clinics at Strathclyde University or the Govanhill Law Centre might be able to help with housing issues.

Robert Carr (Anderson Strathern), Elaine Motion (Balfour + Manson LLP) and Anthony Kelly (Taylor & Kelly) are leading human rights specialists in Scotland.