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

Govan Law Centre (GLC) has begun additional legal proceedings 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. GLC plans to argue this case together with its current Court of Session action for an Iranian national threatened with a lock change eviction by Serco.

GLC believes there are several important untested legal principles at stake. It said that 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.

GLC’s Mike Dailly 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’s incumbent upon Serco to place its entirely policy on hold in Scotland, pending Scotland’s Supreme Court having an opportunity to consider and rule on this issue."