Rights & choices · England
Your rights and your everyday choices
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You have human rights.
Getting care or support does not take them away.
Your choices and rights
Adults should be treated as adults.
Your choices and feelings matter.
Rights are for everyone
You do not have to earn your human rights.
You keep your rights when you need care or support.
Your home and relationships
Your wishes about where you live matter.
Your wishes about who you live with matter.
You can ask for support to explore your choices.
Your beliefs and choices
You can have a religion or no religion.
You must freely agree to marry someone.
You can ask for help if someone is pressuring you.
You have rights about privacy, relationships and your home.
You have rights about freedom and expressing your views.
Having a learning disability does not mean you cannot decide.
People should help you understand your choices.
Disagreeing with your choice does not prove you cannot decide.
Everyday adult choices
You can say no or disagree.
Swearing should not automatically mean losing an outing or support.
Threatening or hurting other people is different.
Other people have rights too.
Adults with learning disabilities are not automatically banned from drinking alcohol.
Ask for help to understand risks that affect you.
Some medicines can make drinking alcohol unsafe.
You may want friends, a partner or time alone.
People should respect your sexuality.
Ask for support with relationships and privacy.
Sex needs each person’s free agreement.
This is called consent.
Each person must be able to make this choice.
You can change your mind.
Nobody can agree to sex for you.
Questioning restrictions
Some restrictions may be lawful.
Ask what law allows the restriction.
A house rule or support plan is not enough on its own.
Ask why the restriction is needed.
Ask what could give you more freedom.
Ask when it will be checked again.
Help to speak up
You can ask for help to question a decision.
An advocate can help you understand and be heard.
Tell someone you trust if you are being harmed.
Call 999 if you are in immediate danger.
Use the blank page to explain what you want changed.
You can write, draw or ask someone to help.
What you can do next
Explain what you want to do.
Ask why someone is stopping you.
Ask for help to get an answer you understand.
Read the Easy Read human-rights guide Web pageEasy ReadThis link opens another website.
It may use harder words.
More useful links
- British Institute of Human Rights resources Web page
Guides for people using services, communities and staff, including learning disability and human rights.
- Your right to private and family life Web page
EHRC explains autonomy, relationships and the limits on interference.
- Your right to express yourself Web page
Expression and the lawful protection of other people’s rights.
- CQC: dignity and respect Web page
What registered services must do about privacy, independence and relationships.
- BIHR: Easy Read guide to the Human Rights Act Web pageEasy Read resources
Plain language and pictures about rights, public services and raising concerns.
- BIHR: Easy Read human-rights resources Web pageEasy Read resources
Guides about individual rights, a card game and other accessible resources.
- EHRC: equality and human rights in social care Web page
Explains rights in social care. The page also links to an Easy Read version.
These links open other websites.
They may use harder words.
Human rights, choices and everyday restrictions — Easy Read
Understand your human rights, everyday choices and how to question restrictions on your life.
Adults aged 18 and over · England
Your life remains your life
Receiving care does not remove adulthood, privacy or the need to be heard. Your relationships, interests, appearance, beliefs and ordinary choices matter. The examples below apply human-rights and care principles to everyday situations. Whether a particular restriction is lawful depends on the facts, the setting and any relevant legal powers.
What human rights are
Human rights belong to everyone. They are not rewards for good behaviour, and you do not lose them because you need support. The Human Rights Act protects rights in UK law. Public services must respect and protect them when making decisions and arranging care. A rights concern can arise during ordinary support, not only in a court or hospital.
Rights that matter in everyday support
Article 8 protects private and family life, home, correspondence and personal autonomy. This includes relationships and social participation. Article 10 protects expression; Article 11 protects peaceful assembly and association. Article 14 prohibits discrimination in the enjoyment of Convention rights. Article 5 protects liberty. These rights have different legal tests: they are not a promise that every requested activity must be funded.
Some protection cannot be traded away
Article 3 prohibits torture and inhuman or degrading treatment or punishment. It is an absolute protection: treatment meeting that legal threshold cannot be justified by staffing pressures or convenience. Not every upsetting experience reaches that threshold. Other rights and care standards can still protect someone from disrespectful or harmful practice.
More rights you may want to use
Article 2 protects life. Article 6 concerns fair hearings when civil rights or criminal charges are decided. Article 9 protects thought, conscience and religion, including having no religion; expressing beliefs has specific lawful limits. Article 12 protects marriage subject to the relevant national law. Article 14 protects against discrimination when enjoying the other Convention rights. These are different protections with different legal tests.
Choosing your home and the people around you
Your home, relationships and privacy matter under Article 8. Article 19 of the UN disability convention also recognises living in the community and choosing where and with whom to live. The UK has international obligations under that convention, but it is not directly enforceable in English courts in the same way as the Human Rights Act. Use it alongside the relevant care, housing, equality and human-rights duties when asking for a different arrangement.
Who has responsibilities?
The Human Rights Act binds public authorities, including councils and NHS bodies, and organisations carrying out public functions. Section 73 of the Care Act covers certain publicly arranged or funded regulated care. The position of a particular private service may need advice. CQC-registered services also have duties concerning dignity, consent and person-centred care, including when care is privately paid for.
A diagnosis is not a decision-making ban
Start by assuming the person can make the particular decision. Provide accessible information, time and communication support. An unwise choice does not by itself prove lack of capacity. If the person cannot make that decision despite support, any decision made for them under the Mental Capacity Act must be in their best interests. Involve them, consider their wishes and feelings, and consider less restrictive effective options. Family or staff preference is not a substitute.
Swearing and expressing disagreement
Applying Article 10 and care principles, a staff member’s dislike of an adult’s language is not enough to justify controlling their life. Swearing or saying no should not automatically trigger loss of an outing, contact or ordinary support. Distinguish rude expression from threats, harassment or abuse. Staff and other residents also have rights; explain concerns and consider proportionate, lawful responses to actual harm.
Choosing whether to drink alcohol
A learning disability does not create a general ban on an adult choosing alcohol. Support understanding of individual risks, including medicine interactions, and ask a pharmacist or clinician for advice where needed. Discuss the person’s own goals and practical support. A blanket rule based on disability or staff disapproval needs challenge. Particular lawful restrictions, venue rules and the rights of others may still apply.
Relationships, sexuality and privacy
Adults should be supported to maintain relationships they choose, including LGBTQ+ relationships. A service-wide “no partners” rule is not a substitute for individual support and safeguarding. Ask about private time, visits, communication and accessible relationship education. Decisions about dating, contact, marriage and sex are distinct; do not treat one assessment as deciding them all.
Consent to sex cannot be supplied by someone else
Each person must freely consent to sexual activity and be able to make that choice. Consent can be withdrawn. The Mental Capacity Act does not allow a relative, deputy or court to consent to sex on another person’s behalf. In A Local Authority v JB [2021] UKSC 52, the Supreme Court confirmed that understanding the other person’s ability to consent and their ongoing consent is relevant to capacity. Seek skilled, accessible assessment where needed.
Rules need reasons, not just labels
A house rule, risk assessment or behaviour plan does not itself create legal power to restrict someone. For interference with rights such as Article 8, ask about the legal basis, permitted purpose, necessity and proportionality. Proportionate means going no further than needed. Consider the rights of everyone affected and less restrictive alternatives. A DoLS authorisation is not permission for every restriction or treatment.
Raise a specific rights concern
Write down what happens, what you want instead and its effect on your life. Ask the provider and the council or NHS team arranging care for an accessible explanation and review. Ask for independent advocacy where available. Use the complaints and safeguarding guides for further routes. If someone is in immediate danger, call 999. Seek legal advice promptly if liberty or urgent court action is involved.
Use a rights question in your meeting
You could say: “This decision affects my home, privacy or relationships. Please explain which rights you considered, what law allows the restriction, and what other options you looked at.” Ask for the reply in a format you understand. Keep the decision and dates. A complaint does not stop court deadlines; get legal advice promptly if you may need to challenge a decision in court.
Words you could use
“I want support to make my own choices. Please explain the legal basis for this restriction, the actual risk, alternatives considered and when it will be reviewed. This is how it affects my life: …”
More useful links
- British Institute of Human Rights resources Web page
Guides for people using services, communities and staff, including learning disability and human rights.
- Your right to private and family life Web page
EHRC explains autonomy, relationships and the limits on interference.
- Your right to express yourself Web page
Expression and the lawful protection of other people’s rights.
- CQC: dignity and respect Web page
What registered services must do about privacy, independence and relationships.
- BIHR: Easy Read guide to the Human Rights Act Web pageEasy Read resources
Plain language and pictures about rights, public services and raising concerns.
- BIHR: Easy Read human-rights resources Web pageEasy Read resources
Guides about individual rights, a card game and other accessible resources.
- EHRC: equality and human rights in social care Web page
Explains rights in social care. The page also links to an Easy Read version.
These links open other websites.
They may use harder words.
Where the information comes from
Links checked 1 November 2026.
These links open other websites.
They may use harder words.
- Human Rights Act 1998, section 6 Web page
Public authorities and public functions.
- Care Act 2014, section 73 Web page
Certain regulated care or support is treated as a public function.
- EHRC: Article 8 Web page
Privacy, autonomy, relationships and social participation; lawful restrictions.
- EHRC: Article 10 Web page
Expression and proportionate restrictions to protect legitimate interests.
- EHRC: Article 11 Web page
Peaceful assembly and association.
- Human Rights Act 1998, Schedule 1 Web page
Convention rights, including liberty and non-discrimination.
- EHRC: Article 3 Web page
Absolute protection against torture and inhuman or degrading treatment or punishment.
- Mental Capacity Act 2005, section 1 Web page
Presumption of capacity, support, unwise decisions and less restrictive options.
- Mental Capacity Act 2005, section 4 Web page
Best interests, participation, wishes and feelings.
- Mental Capacity Act 2005, section 27 Web page
Decisions including consent to sexual relations that cannot be made for someone under the Act.
- A Local Authority v JB [2021] UKSC 52 Web page
Capacity to decide to engage in sexual relations and the other person’s consent.
- CQC: Regulation 10 Web page
Dignity, privacy, autonomy, relationships and community life.
- CQC: Regulation 9 Web page
Individual assessment, preferences and involvement in care decisions.
- BIHR: Easy Read guide to the Human Rights Act Web pageEasy Read
Plain language and pictures about rights, public services and raising concerns.
- BIHR: Easy Read human-rights resources Web pageEasy Read resources
Guides about individual rights, a card game and other accessible resources.
- EHRC: equality and human rights in social care Web page
Explains rights in social care. The page also links to an Easy Read version.
- EHRC: how rights are protected Web page
Who has duties, different kinds of rights and enforcing the Human Rights Act.
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