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.
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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.