New Human Rights Act challenge against Serco, Compass SNI Ltd and the Home Office

Govan Law Centre (GLC) has commenced additional legal proceedings today at Scotland’s Supreme Court on behalf of an Iraqi asylum seeker threatened with a DIY eviction by Serco.  The proceedings are against Serco Group plc, Compass SNI Ltd, and the Secretary of State for the Home Department.

The new action concerns a lady told to leave her home by Serco after her husband’s asylum application was unsuccessful, despite having further legal options.  We plan to argue this case together with our current Court of Session action for an Iranian national threatened with a lock change eviction by Serco.

GLC believes there are a number of important untested legal principles at stake. In addition to key principles in Scots contract law, Scots common law and the Rent (Scotland) Act 1984, there are also important Human Rights Act principles currently untested in the UK.

Mike Dailly, Govan Law Centre principal solicitor said: “Following the successful European Court of Human Rights case of Panyushkiny v. Russia [2018] H.L.R 7, we believe an asylum seeker at risk of eviction has the right to challenge the proportionality of that eviction before an independent tribunal as a matter of human rights law. GLC believes Serco’s Move on Protocol is unlawful and incompatible with the 1998 Human Rights Act, and it is incumbent upon Serco to place it’s entire policy on hold in Scotland, pending Scotland’s Supreme Court having an opportunity to consider and rule on this issue”.

Call Govan Law Centre for more details: 0141 440 2503

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