The Round-Up: Lawyers lament UK’s refugee response

imgres-7This week’s Round-up is brought to you by Hannah Lynes.

In the news

  • Call from legal community for urgent action on refugee crisis

More than 300 lawyers have signed a statement denouncing the Government’s response to the Syrian refugee crisis as “deeply inadequate”.

The document, whose signatories include former President of the Supreme Court, Lord Phillips, three former Law Lords and over 100 Queen’s Counsel, describes Prime Minister David Cameron’s offer to resettle 20,000 Syrian refugees over 5 years as “too low, too slow and too narrow.” Continue reading

Immigration proposals under scrutiny – the Round-up

Photo Credit: The Guardian

In the news

Immigration Minister James Brokenshire has announced proposals to make Britain “tougher on those with no right to be here’. The new measures are to be included in an Immigration Bill due this Autumn. Working illegally in England and Wales is set to be an offence punishable by a sentence of up to six months in prison and an unlimited fine. In addition, businesses suspected of failing to comply with immigration rules could face closure for up to 48 hours.

Policy Director at Focus on Labour Exploitation, Caroline Robinson, is critical of plans for a “labour market enforcement agency”. Far from preventing illegal working, “policies and practices putting immigration control above all else will result in increased forced labour and modern-day slavery in the UK”. Forthcoming research by the organisation highlights the dangers of blurring lines between immigration enforcement and labour inspection, with victims of labour exploitation more likely to avoid inspectors where they fear being reported to immigration officials.

The current system of immigration detention in the UK has also come under close scrutiny this week. Writing for Halsbury’s Law Exchange, Mark Lilley-Tams and Stewart MacLachlan identify potential opportunities for reform. Noting that the UK is unique within Europe in that an individual may be detained under the Immigration Acts for an indefinite period, the authors suggest a review of current government policy “to avoid unnecessary suffering to those being detained, and unnecessary use of public resources where detention is being used”.

Other news

Law Society Gazette: A Home Office report has highlighted ‘significant shortcomings’ in the provision of appropriate adults for vulnerable people in custody, putting them at risk of miscarriages of justice and lengthening custody times. Solicitors have called for urgent action to be made on the report’s recommendations.

A leading disability charity has been notified that the UN will be conducting an investigation into whether the UK government’s welfare reforms have caused “grave or systematic violations” of disabled people’s human rights. Figures released by the Department for Work and Pensions have revealed that between 2011 and 2014, 2,380 people have died within six weeks of being found ‘fit to work’. The Independent reports.

The Guardian: The newly appointed UN special rapporteur on privacy, Joseph Cannataci, has called for a universal law on internet surveillance. Cannataci has singled out the oversight mechanism in the UK as being one of the weakest in the western world, describing it as “a rather bad joke at its citizens’ expense”.

Local Government Lawyer: The Court of Appeal has rejected an appeal brought by Unison against rulings of the Divisional Court that the Government’s introduction of employment tribunal fees had not been unlawful. The union has applied for permission to take its legal challenge to the Supreme Court.

Sir John Chilcot is facing legal action to compel publication of his long-delayed report into the Iraq war. A statement by Sir John has attributed the delay in part to the ‘Maxwellisation’ process, in which individuals are given the opportunity to respond to criticism made against them. The BBC reports here.

UK HRB posts

Passports at the junction of international and domestic law – Richard Alton

ISIL child brides: a big care problem for the Family Court? – Rosalind English

Does Article 5 apply to extended sentences? – David Scott

Human Rights Conventions: when some are more equal than others? – Emily Thornberry MP


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Fair family hearings – according to the Court of Appeal

P-154a3cb5-e8aa-4516-9a6b-c5204c8a4e34Re K and H  [2015] EWCA Civ 543, Court of Appeal, 22 May 2015 – read judgment 

Philippa Whipple QC and Matthew Donmall of  1 COR appeared for the Lord Chancellor in this case.  They have played no part in the writing of this post.

Lord Dyson for the Court of Appeal has recently reversed the decision of HHJ Bellamy (see my post here) who had ordered legal aid to help an unrepresented father in family proceedings. The conundrum was that the father wanted contact with his children aged 5 and 4, but a 17-year old step-daughter, Y, told her teacher that the father sexually abused her – which the father denied.

That issue had to be decided first – and understandably the father felt unable to cross-examine Y himself. Hence the judge’s order that the Courts Service (HMCTS) should pay for legal representation for the father limited to that cross-examination of Y.

Continue reading

Catch-33: Stringent documentary requirements upheld for legal aid in domestic violence cases- Vanessa Long and Adam Smith

R (on the application of Rights of Women) v Secretary of State for Justice [2015] EWHC 35 (Admin) – read judgment

legal-aidNeil Sheldon and Alasdair Henderson (instructed by The Treasury Solicitor) acted for the Defendant in this case. They have nothing to do with the writing of this post.

The campaign group Rights of Women has been unsuccessful in its judicial review of Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012 (as amended) which sets out the list of documents which will be accepted as evidence that a legal aid applicant has suffered or is at risk of suffering domestic violence. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) purports to retain legal aid for victims of domestic violence. However, such funding is only available where at least one of the documents listed in Regulation 33 is submitted to the Legal Aid Agency. Continue reading

Acquitted defendants costs regime not incompatible with ECHR

448bbd010e93bd0d21e13a354a3cd82bR (o.t.a Henderson) v. Secretary of State for Justice, Divisional Court, 27 January 2015 – judgment  here

The Court (Burnett LJ giving the sole judgment) has ruled on whether the statutory changes made to the ability of acquitted defendants in the Crown Court to recover their costs from central funds are compatible with the ECHR. 

Its answer – an emphatic yes, the new rules are compatible. This conclusion was reached in respect of the two statutory regimes applicable since October 2012, as we shall see.

Continue reading

How to make family hearings fair

P-154a3cb5-e8aa-4516-9a6b-c5204c8a4e34Re K and H (Children: unrepresented father: cross-examination of child) [2015] EWFC 1, HHJ Bellamy – read judgment 

Philippa Whipple QC of  1 COR appeared for the Lord Chancellor in this case.  She has played no part in the writing of this post.

This case raises a very stark problem. A father wants to see his children aged 5 and 4. The mother has an elder daughter, Y, aged 17. Y told her teacher that the father sexually abused her. The truth or otherwise of this allegation is relevant to whether there should be contact between father and his children. 

The father is a litigant in person, and unsurprisingly (whatever the status of her allegations) Y does not to be cross-examined by the father, nor, equally understandably, does the father wish to do so himself.

So who should? And does the court have the power to order Her Majesty’s Courts and Tribunals Service (HMCTS) to pay for legal representation for the father limited to that cross-examination of Y? So the Lord Chancellor was allowed to intervene – he had been invited to do so in a previous case (Q v. Q – hereand our post here, to which we will come), but had been unwilling to do so – not perhaps tactful to the judges but then he still seems to be learning the ropes in that respect – see here.

Continue reading

Exceptional legal aid funding should not be limited to extreme cases – Court of Appeal

legal-aidR (on the application of) Gudanaviciene and others v The Director of Legal Aid Casework and others [2014] EWCA Civ 1622 – read judgment

The Court of Appeal has ruled that the Lord Chancellor’s Guidance on exceptional funding in civil legal aid is incompatible with the right of access to justice under Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. The Court has further decided that this Guidance was not compatible with Article 8 of the ECHR in immigration cases; in other words, that legal aid should not be refused when applicants for entry to the UK seek to argue that refusal of entry would interfere with their right to respect for private and family life.

This was an appeal against a ruling by Collins J in the court below that the appellant Director’s refusal to grant the respondents exceptional case funding under Section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in their immigration cases was unlawful. Continue reading