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Failure of police to take appropriate measures to prevent illegal eviction may breach Article 8
Latvian case highlighted by nearly legal which considers the roles of the police in preventing illegal evictions.
We at NL have complained about the approach of the police to illegal evictions on many occasions over the years. The approach is, as best, to say it is a civil matter and wander off, despite illegal eviction being an arrestable offence, at worst to assist in the eviction under the guise of keeping the peace. But a judgment of the European Court of Human Rights might have an impact on this….
... in a situation where domestic law clearly provides for eviction of residents only by court order (Protection from Eviction Act 1977 etc. in England and Wales), there is a strong basis for seeing this judgement as meaning that is a positive obligation on police (and bailiffs) to uphold the Art 8 rights of the occupier. It is not ‘just a civil matter’.