Using the Human Rights Act to challenge the threatened eviction of a woman in labour

A failed asylum seeker was living in accommodation provided by the National Asylum Support Service (NASS). NASS issued a ‘termination of support’ notice to the woman while she was giving birth in hospital. She was a single mother and this was her second child. The notice period expired whilst she was still in hospital and upon return she and her children faced eviction.

After receiving BIHR training, a manager at a voluntary sector organisation suggested to NASS that evicting the family in these circumstances could engage their rights under the Human Rights Act and may amount to inhuman and degrading treatment (Article 3 ECHR).

The manager suggested that they reconsider their decision before taking enforcement action. NASS decided to amend the status of the notice, giving the voluntary sector organisation time to apply for ‘hard case’ support for the family under section 4 of the Immigration and Asylum Act 1999. The application was successful and alternative accommodation for the family was secured.

For more information see BIHR's The Human Rights Act: Changing Lives (2nd Edition, 2008). 

About British Institute of Human Rights

BIHR is an independent human rights charity that is committed to challenging inequality and social justice in everyday life in the UK.

We want a society that has become stronger because all human beings are equally valued, can participate fully and are treated with fairness, dignity and respect.

We believe that human rights have meaning and benefit for everyone. They are not just abstract or legal concepts and documents – they can be brought to life, and used practically to create a fairer, more tolerant society and tackle inequality and disadvantage.

We think that this can only happen if human rights are understood, applied and claimed, outside the courtroom and by a wide range of people and organisations.

So our mission is to bring human rights to life – supporting and empowering people and organisations to use human rights to improve their own lives and the lives of others.

Website: 

http://www.bihr.org.uk