10. The Human Rights Act

If you are unhappy about how you or your family is treated in the benefit and appeal system, you may be able to challenge the rules on benefits themselves (rather than the actual decision that has been taken, or the way your case has been handled). The European Convention on Human Rights gives you many rights including a right to:

• peacefully enjoy your possessions. These can include benefits based on contributions you have made, such as national insurance contributions;  
• enjoy respect for family life; and  
• have a fair hearing in any dispute.

This is a complicated step to take, and certainly not one you could take yourself. Apart from anything else, these rights are part of a fairly new law, The Human Rights Act, much of which hasn't been tested or proven in the courts. For more information on this, see the Community Legal Service leaflet 'The Human Rights Act', which describes what this new law means, and how it works.