Weekly Human Rights News: 24/01/25

This week’s news includes our evidence on the human rights implications of the new Mental Health Bill and a letter from legal academics on the right to protest.

As part of our human rights programme for staff in an NHS Foundation Trust, we offer dedicated time for participants to come together and discuss their ideas and experiences of putting human rights into practice. Attendees can choose to share what they’re working on, including positive stories and examples of good practice as well as issues or challenges they may be facing, and our Human Rights Officers facilitate conversations looking through a human rights lens. Programme participants have told us how helpful it is to “have protected time to chat to other colleagues and share their thoughts and challenges.”

The new Mental Health Bill was published on 6 November 2024 and is currently at Committee stage, which means that it is being debated by Parliament.

The Joint Committee on Human Rights (JCHR) put out a call for evidence, asking for views on the potential human rights issues raised by the Bill. In particular, the JCHR asked about the impact on people’s right to liberty; the right to private and family life; and the right to be free from discrimination.

We worked with members of our RITES Committee who have lived experience of working in and/or accessing the mental health care system to submit a response to the consultation. We told the JCHR that any changes to mental health law need to take into account the everyday reality of people working in and accessing healthcare systems and urged them to make time to carry out more thorough consultation with Lived Experience Experts. We also highlighted the need for better resourced and more accessible services in the community to reduce rates of detention and support more positive outcomes.

The JCHR’s call for evidence closed on Friday 24^th January but you can read the questions on the Committee website. Keep your eye on our website for updates and further details of our response.

At a time of uncertainty around mental health legislation in England and Wales, practitioners can rely on the practical legal framework of the Human Rights Act to navigate changes, applying the Mental Health Act in a way that respects human rights, now and in the future.

Bookings are still open for BIHR's online short course: Embedding human rights legal duties in the delivery of mental health care. 

This training is aimed at senior leaders across mental health services who work within the statutory framework of the Mental Health Act, including NHS trusts, local authorities, and private inpatient care providers. Over three workshops, participants will learn about the Human Rights Act legal duties, a range of key rights that come up in mental health inpatient care, and practical decision-making frameworks that can be used to build a culture of respect for human rights in their organisations, ultimately seeking to improve people's experiences and reduce restrictive practice.

Bookings close at 5pm on Wednesday 5th February - enquire now to secure spaces for your organisation!

An independent review found critical areas for improvement for a social housing landlord

A resident of Sage Homes, who had both physical disabilities and mental health issues, raised a complaint against her landlord when a lack of support with housing issues and anti-social behaviour impacted on her mental wellbeing. The Housing Ombudsman investigated and found the landlord had failed to have due regard to its responsibilities under the Equality Act and Human Rights Act.

The Housing Ombudsman ordered Sage Homes to carry out an independent review, which “found several areas needing improvement including inconsistent safeguarding practices across the organisation”. The review also “identified 17 other residents impacted by similar failings and the landlord has taken steps to review those cases and provide redress.”

Source: The Housing Ombudsman

Legal academics wrote to the Home Secretary about the right to protest

On Saturday 18^th January, Palestine Solidarity Campaign organised a protest in London. A number of participants were arrested and charged with public order offences. A group of over 40 legal academics wrote to the Home Secretary along with the Mayor of London and the Attorney General raising their concerns about the impact of these arrests and charges on the right to protest as protected under Articles 10 (the right to freedom of expression) and 11 (the right to freedom of assembly and association) of the Human Rights Act.

They told the Home Secretary, “We believe the charges should be dropped against those arrested, or subsequently charged, in relation to alleged public order offences on 18 January 2025, and that an independent investigation should be conducted into the policing of this protest. More fundamentally, we call for a repeal of the raft of anti-protest laws passed in recent years, and a recalibration of the law in a way which genuinely protects the right to protest.”

Read the full letter