The right to respect for private and family life, home and correspondence is protected by Article 8 of the Human Rights Act.
Last updated: 09th November 2022
This right often comes up in:
Children and young people, disability rights including SEND, ending violence against women, health, care & social work, housing and independent living, learning disability and/or autism, LGBTQ+ rights, mental health and capacity, migration and refugee rights, privacy, data and surveillance and welfare support
Non-absolute right
Share thisSome examples of when your right to private and family life, home and correspondence might be at risk include:
Yes - our right to respect for private and family life, home and correspondence is a non-absolute right. If a public official is deciding to restrict your right, they must go through a test. They must be able to show that their decision is:
There is a law which allows public officials to take that action or decision.
There is a good reason (for example public safety or protecting the rights of other people, including your family members or staff).
They have thought about other things they could do, but there is no other way to protect you or other people. It is the least restrictive option.
You can ask the public official about their decision or action and ask them to tell you how it was lawful, legitimate and proportionate.
If you can think of a way to deal with this situation or decision that is less restrictive to you then you can raise it with the public official as the decision may not be proportionate.
To respect your right:
This means that public officials should only do things that restrict your right to private and family life when they need to.
To protect your right:
This means that public officials should do things to protect you or other people and make sure you are involved in decisions that affect your life and rights.
To fulfil your right:
This means that when decisions are made about your right and life you must be treated fairly. When things go wrong they should be investigated and steps should be taken to try and stop the same thing happening again.
Yolande relied on her right to family life to ensure that Social Services helped house her and her children together after fleeing domestic abuse.
Yolande relied on her right to family life to ensure that Social Services helped house her and her children together after fleeing domestic abuse.
Sandeep relied on his right to family life when the council tried to move him away from the home he had been settled in for years.
Sandeep relied on his right to family life when the council tried to move him away from the home he had been settled in for years.
