Proportionality

A key concept of human rights legislation is that of “proportionality” – any interference with someone’s rights must not extend further than the point at which the purpose is achieved. The MCA 2005 also contains this concept, being underpinned by the five statutory principles. Principle five addresses this issue directly, asking that intervention is “less restrictive of the person’s rights and freedom of action” MCA 2005 s1 (6).