All About Article 8: The Right to Private & Family Life

BIHR

In this blog, we're zooming in on one of the rights in the Convention, and now protected by the UK's Human Rights Act: the Article 8 right to private and family life, home and correspondence. This right has been in the spotlight recently, with the UK Government saying it plans to review how it's being applied in specific circumstances, but many people don't realise how often this right comes up in our everyday lives in everything from health and care to policing and education.

What is the right to private and family life?

Article 8 of the Human Rights Act (and the European Convention on Human Rights) protects our right to private and family life, home and correspondence. All public bodies have a duty to respect, protect and fulfil this right in all their actions.

This right covers our privacy; physical and mental wellbeing; relationships; community; enjoyment of our homes; and ability to make decisions about our own lives.

It is sometimes referred to as a "non-absolute right", which means public bodies can make decisions which interfere with this right - but only if they can show that doing so is:

1) lawful (meaning there is a law that allows it);

2) legitimate (meaning it's for one of the reasons set out in the Human Rights Act, like protecting the rights of others); and

3) proportionate (meaning it's the least restrictive option available)

Read our plain language and Easy Read explainers

Real-life stories

Joseph's story: Restrictive practice in a learning disability centre

Joseph has learning disabilities and spends several days each week at a learning centre. Sometimes he tries to harm himself by pulling out his hair or biting his own hands. Staff in the day centre started using splints to keep his arms straight and prevent him from harming himself. These were used often and for long periods of time. Staff then attended training with BIHR and realised that while splints may have been necessary in rare and limited circumstances to prevent serious harm, using them frequently was not proportionate and put Joseph’s right to private life at risk. They came up with alternative ways to keep Joseph safe.

Yolande's story: social services support for a family fleeing domestic abuse

Yolande and her children were fleeing domestic violence, and her husband’s attempts to track them down as they moved from town to town across the UK. They were referred to Social Services in their borough, but social workers told Yolande that the constant moving of her children meant she was an unfit parent and that she had made the family intentionally homeless. They said that they had no choice but to place her children in foster care. A support worker helped Yolande to challenge Social Services’ decision as it failed to respect her and her children’s right to family life. Social Services reconsidered the issue, taking the family’s human rights into account, and agreed the family would remain together, and that Social Services would help cover some of the essential costs of securing private rented accommodation.

Paul's story: Safe housing for a young person

Paul was a young person who had suffered traumatic experiences in his home borough over 14 years. He was involved in a lengthy legal battle to be rehoused somewhere he felt safe. After attending a youth empowerment project run by BIHR and a local supported housing organisation, he wrote a letter to the court explaining that his right to private life was at risk as his mental and physical wellbeing was being impacted. He was then provided with safe housing outside the borough and said the important outcome for him was not only his rehousing but the feeling that he had a right to a voice and to be heard.

Why the right to private and family life matters

We asked BIHR staff, community partners and Lived Experience Experts to share why the Article 8 right to private and family life, home and correspondence matters to them. Watch their videos to hear what they had to say: