Social Welfare Lawyers in the Centre of Birmingham

The Community Law Partnership

Public Law Advice at CLP

PUBLIC LAW & HUMAN RIGHTS

Whereas private law is that realm of law governing relationships between individuals, public law is the realm of law governing the relationship between individuals and the State.

Human Rights relate to the basic freedoms and rights that we as individuals are entitled to enjoy free from the unlawful interference of public bodies: the right to be safe from harm; the right to be treated fairly under the law; the right to respect for the home and private life.

CHALLENGING PUBLIC LAW DECISIONS AND PROTECTING RIGHTS AND FREEDOMS

We believe that the ability of an individual to challenge the decision making process of the state lies at the very heart of a civilised society

Challenges to public law decisions can take various forms including: Judicial Review; informal or formal complaints and investigations; Ombudsman complaints; inquests and public inquiries.

Here at the Community Law Partnership we specialise in public law with a particular emphasis on claims for Judicial Review on behalf of the individual or groups of individuals against the decisions of central and local government as well as other bodies which perform public functions. Judicial Review is the most common public law remedy and is the legal mechanism which enables us to hold public bodies to account for decisions which have been made unlawfully, unreasonably or unfairly.

Our human rights work utilises the remedies available under the Human Rights Act.

We have acted for clients throughout England and Wales and enjoy a national reputation for the work we do to protect the individual from unlawful interference by public bodies and from their unlawful decisions.

Some instances where public law remedies have been used include:

  • Challenging the lawfulness of the local authority’s housing allocations scheme
  • Challenging a decision of central government to withdraw up to £1m of funding from a community action group
  • Challenging unlawful tendering schemes
  • Challenging Government failures to consult
  • Challenging failures to undertake Impact Assessments
  • Challenging unlawful disregard for Equality legislation

Some instances where human rights remedies have been used include:

  • Challenging the the statutory homeless review regime under Housing Act 1996 (Art 6)
  • Defending claims for possession of introductory tenancies/starter tenancies/assured shorthold tenancies (Art 8)
  • Claiming damages for inhumane and degrading treatment in respect of the non performance of duties under Housing Act 1996 (Art 3, Art 8)
  • Challenging the police powers of eviction of Gypsies and Travellers (Art 8)

We can help with many problems involving disputes with public bodies, including Local and Central Government relating to:

  • Assessment of need
  • The provision, or lack of provision, of services
  • Community care services
  • Withdrawal of funding
  • Withdrawal of support
  • Housing decisions
  • Planning decisions
  • Government policies and guidance
  • Failure of Equality Impact Assessments
  • Clearance and eviction policies
  • Maladministration
  • Complaints procedures

We provide interpreting services where required and also home visits when required. We can offer immediate, emergency appointments where necessary.