The Humans Rights Act

9.    Article 8 of the Human Rights Act refers to the “right to respect for private and family life, home and correspondence”. These rights are not absolute as they have to be balanced against the rights of others such as care worker or residents of a care home who in certain situations may be exposed to unacceptable risk(s) of injury or harm. Risk assessments are therefore essential to determine if or how to proceed in circumstances where there may be conflict between the rights of someone receives social care support or their carer under the Act and that of others. Any interference with article 8 must be justified, proportionate and clearly recorded and communicated as appropriate.