Draft Human Rights Act 1998 Remedial Order 2026
Summary
The UK government published a draft Remedial Order on 28 April 2026 to amend section 9 of the Human Rights Act 1998, enabling courts to award damages in circumstances where previously only a declaration of incompatibility could be granted. The amendment implements the judgment of the European Court of Human Rights in SW v UK (Application no. 87/18), which found a violation of Article 13 (right to an effective remedy) of the European Convention on Human Rights. The Joint Committee on Human Rights had previously examined the proposal and published its report on 27 October 2025. The updated Remedial Order reflects the government's response to that committee report.
“On 17 July 2025, the government announced its intention to amend section 9 of the Human Rights Act 1998 (HRA) by Remedial Order to allow an award of damages in a new set of circumstances, in order to implement the judgment of the European Court of Human Rights in SW v UK (Application no. 87/18).”
Legal practitioners advising public authorities should monitor this draft order's progress through Parliament. When enacted, it will close the gap identified by the ECtHR in SW v UK, meaning that individuals can claim damages rather than being limited to declarations of incompatibility for certain Convention violations. This may affect both pending and future HRA claims.
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GovPing monitors UK Ministry of Justice for new courts & legal regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 12 changes logged to date.
What changed
The draft Remedial Order modifies section 9 of the Human Rights Act 1998 to create a new power enabling courts to make an award of damages where they would otherwise be required to make a declaration of incompatibility under Article 4 of the Human Rights Act. This change addresses a lacuna identified by the European Court of Human Rights in SW v UK, which held that the UK's existing framework violated Article 13 of the Convention by restricting litigants to declarations of incompatibility without any possibility of damages.\n\nPublic authorities and legal practitioners should note that the scope of HRA remedies will expand once this order is enacted. Litigants who have previously been limited to obtaining a declaration of incompatibility may now seek damages, potentially increasing the financial exposure of public authorities and the volume of HRA claims.
Archived snapshot
Apr 28, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Policy paper
Draft Human Rights Act 1998 (Remedial) Order 2026
A draft remedial order to remove an incompatibility with Article 13 of the European Convention on Human Rights.
From: Ministry of Justice Published 28 April 2026 Get emails about this page
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Draft Human Rights Act 1998 (Remedial) Order 2026
PDF, 621 KB, 20 pages
Details
On 17 July 2025, the government announced its intention to amend section 9 of the Human Rights Act 1998 (HRA) by Remedial Order to allow an award of damages in a new set of circumstances, in order to implement the judgment of the European Court of Human Rights in SW v UK (Application no. 87/18).
A document containing a draft of the proposed Remedial Order was laid before Parliament in accordance with paragraph 3(1) of Schedule 2 to the HRA. The Joint Committee on Human Rights held an inquiry into the proposal and published its report on 27 October 2025. This paper is the government’s response to that report; it includes the updated Remedial Order which was laid before Parliament on 28 April 2026.
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Published 28 April 2026
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