Questions for the council – a matter of human rights

Further scrutiny and evaluation of the council’s human rights considerations is needed

There is a substantial lack of clarity and explanation about why BCC “decided that, on balance, it is in the general public interest and of benefit to the community to make the CPO [compulsory purchase order] over and above the interest of the individuals affected” (2023. Ladywood CPO Human Rights Considerations. Appendix 9: 8.1)

The European Convention on Human Rights, Article 8, states that:

“(1) Everyone has the right to respect for private and family life, his home, and his correspondence.

(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety, or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

Paragraph 12 of the Guidance on the Compulsory Purchase Process and the Crichel Down Rules (2019) issued by the Department for Levelling Up, Housing & Communities states:

“A compulsory purchase order should only be made where there is a compelling case in the public interest. An acquiring authority should be sure that the purposes for which the compulsory purchase order is made justify interfering with the human rights of those with an interest in the land affected. Particular consideration should be given to the provisions of Article 1 of the First Protocol to the European Convention on Human Rights and, in the case of a dwelling, Article 8 of the Convention”.

In view of these provisions, the likely displacement of the existing community, in addition to the limited provision of newly built affordable homes and lack of social housing provision, constitutes grounds for questioning the present form of the Ladywood Regeneration Scheme as being in the public interest.

As it is currently framed, the Ladywood Regeneration Scheme is undermining residents’ right to respect for private and family life, home, and correspondence (European Convention on Human Rights, Article 8), for the exclusive advantage of a commercial endeavor and the provision and sale of non-affordable housing.