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10.3 Human Rights Assessment

SCOPE OF THIS CHAPTER

This chapter provides the assessment format for requests for resources for service users subject to immigration control who have no recourse to public funds.

RELEVANT LEGISLATION

  • Children Act 1989;
  • Human Rights Act 2000;
  • Framework for the Assessment of Children in Need and their Families DOH 2000.

RELATED CHAPTERS

See Notification of Human Rights Assessment Procedure

AMENDMENT

In January 2016, Section 2, Assessment Format was updated with links to outcome of human rights assessment and notification of human rights assessment.


Content

  1. Introduction
  2. Assessment Format


1. Introduction

This form is designed for use in relation to requests for assessment or resources from service users subject to immigration control who have no recourse to public funds.

Specifically, it has regard to the following Articles of the European Convention on Human Rights:

  • Article 3, prohibition of torture or inhuman or degrading treatment or punishment); and
  • Article 8, right to respect for private and family life.

Article 3 is an absolute right. There are 5 components to Article 3: inhuman treatment, degrading treatment; inhuman punishment, degrading punishment; torture. There are two key issues in relation to Article 3: (i) whether the facts of a service user’s claim fit into one of the 5 components of article 3 and (ii) the need to show a minimum level of severity for Article 3 to be engaged.

Article 8 grants a right to respect for private and family life, home and correspondence. The right to respect for private life can include medical issues. Article 8 is a qualified right. Public authorities are prohibited from interfering with the Article 8 right except where the grounds for interference are in accordance with law, they pursue a legitimate aim and they are necessary and proportionate. The following are legitimate aims: the interests of national security, public safety or the economic well-being of the country, the prevention of disorder or crime, the protection of health or morals, or the protection of the rights and freedoms of others.

This form is designed to supplement, not replace, assessment formats arising from Framework for Assessment (in relation to the Children Act 1989) or assessments conducted under the National Assistance Act or other accepted national or Local Authority assessment formats. Where appropriate, the most recent statutory assessment should be appended to this ECHR assessment.


2. Assessment Format

Click here to view the Assessment Format.

See also:

Outcome of HRA: Outcome of human rights assessment

Notification of HRA: Notification of human rights assessment

End