The European Court of Human Rights has delivered a historic ruling which could change the way that County Courts deal with possession claims.

In McCann v United Kingdom, the ECHR said “the loss of one’s home is the most extreme form of interference with the right to respect for the home”.

After their marriage broke down, Mr McCann’s wife left their council flat with the 2 children, accusing her husband of domestic violence. Mrs McCann signed a Notice to Quit ending the secure joint tenancy. The council applied to the County Court for a Possession Order to remove Mr McCann from the flat. The County Court Judge refused the application relying on Article 8 of the Convention for Human Rights. The Court of Appeal reversed the decision, evicting Mr McCann. He applied to the ECHR alleging a violation of Article 8, his right to respect in the home.

The ECHR said that instead of asking Mrs McCann to sign a Notice to end the tenancy the Local Authority should have made an application to evict Mr McCann in accordance with the statutory scheme, in which case “… it would have been open to the Applicant to ask the Court to examine, for example, whether his wife had really left the family home because of domestic violence and whether in h is personal circumstances, including his need to provide accommodation for his children during overnight visits several times a week, it was reasonable to grant the Possession Order”.

The Council had not given any consideration to the Applicant’s right for respect in his home.