Go Home, Legal Aid and Mental Capacity – The Human Rights Roundup

12 August 2013 by

Home office Go Home or Face ArrestWelcome back to the UK Human Rights Roundup, your regular non-silly season of human rights news and views. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. Links compiled by Adam Wagner, post by Daniel Isenberg.

The end of the legal term seemingly does not mean a let-up in immigration news, with a number of Home Office, asylum and immigration-related stories making the headlines.  Also, the back-and-forth on legal aid cuts continues, as well as some interesting perspectives on the Mental Capacity Act, sexual offences trials and the FOIA veto. Some interesting judgments too, particularly on secret trials.

In the News

Immigration and asylum

Rarely does immigration disappear from the headlines (indeed, see this morning’s headlines), and this week it appears in a number of forms.  Firstly, Richard A. Edwards and Dr Noelle Quenivet on the Euro Rights Blog stress the presumption of innocence contained with Article 6.2 of the ECHR.  This is in relation to the Home Office’s recent public campaign relating to so-called “immigration offenders”.  The authors point out that whilst Article 6 does not forbid the publicising of law enforcement operations, they must “do so with the utmost discretion and with a reserve that respects the presumption of innocence”.

An interesting take on this issue is provided on the Information Rights and Wrongs Blog.  The author picks up specifically on images tweeted by the Home Office of individuals (with pixellated faces) being escorted from premises and into vans, and argues that the campaign may fall foul of data protection law.  It is argued that although features may be obscured from the viewer, obligations still remain on the Home Office as data controller, as the government department would still be able to identify those individuals in the images.  Indeed, the author particularly questions whether tweeting these images can be described as “necessary” from the point of view of the data controller…

Along similar lines, Colin Yeo on the Free Movement Blog points to Article 31 of the Refugee Convention (also incorporated in British law) as protecting asylum seekers gaining unlawful entry into a sanctuary state.  Specifically in Mateta & Others, the Court of Appeal has recently overturned convictions for the use of false identity documents by refugees.

Elsewhere in the immigration field, Kent Martin writes on the Free Movement Blog about an Australian television show called ‘Go Back to Where You Came From’, which blends the documentary and reality genres and exposes Australians to the experiences endured by refugees.  It is viewable on YouTube.  Meanwhile, the Telegraph reports that a law firm and a senior partner have been referred by two judges to the SRA, relating to last-minute applications made to prevent deportation, allegedly without providing the judge with the full facts.  Finally, some potential good news for separated parents with British children – where one parent is UK-based and the other is not.  Two linked appeals in these circumstances have both succeeded, on the basis of pro-active case management from the Bench.

Legal Aid Cuts

This week’s foray into the legal aid debate opens with Lib Dem peer and Minister of State for Justice Tom McNally writing in The Guardian.  Baron McNally accuses those dissenting of the cuts of scaremongering, pointing out that even after the cuts have taken effect, “England and Wales will still have one of the most generous legal aid systems in the world”.  He adds that the changes which have been consulted upon will not affect access to a fair trial and would exclude only the wealthiest defendants, those who can afford representation, from automatic access to legal aid.  The same newspaper also reports that Shadow Justice Minister Sadiq Khan told those rallying outside the Old Bailey that there are “only a few months to save legal aid” from the impending cuts.  The piece also includes alternative suggestions to cuts, which include American-style requirements that all lawyers provide a minimum number of hours of pro bono services.

In an important intervention, former Lord Justice of Appeal and Vice-President of the Civil Division of the Court of Appeal, Sir Henry Brooke has also weighed in on the debate.  He notes the rarity of retired senior judges getting involved in debates such as this, but nevertheless has done so.  He discusses particular instances where legal aid may be denied in future and where “a serious wrong would be denied an effective remedy.”

Also in the News

  • A couple of pieces on mental health from The Small Places: firstly, a discussion of the deprivation of liberty and forced feeding under the Mental Health Act and Mental Capacity Act.  Also, a link to the BIHR’s guide to the House of Lords Committee which is has called for evidence on the Mental Capacity Act.
  • Raj Desai on the UKSC Blog provides some comment on the recent decision in New London College, seeing it as a “relief” that identifying an implied statutory basis meant that Lord Sumption did not have to resolve “controversial questions surrounding the scope and juridical foundation of a non-statutory “third source” of powers”.
  • The Law and Religion Blog has a piece on the criminalisation of forced marriage under the Anti-Social Behaviour, Crime and Policing Bill, as well as the history and current weaknesses of the law as it stands.
  • Felicity Gerry on Halsbury’s Law Exchange argues that “a few errors” in sexual offences trials should not be permitted to “imbalance the system”, commenting on the recent Robert Colover controversy.
  • Joshua Rozenberg gives his view on the Prince Charles letters controversy: “[the Attorney General]…could have let the law take its course and not protected the Prince of Wales from his outspokenness.”
  • Nearly Legal rounds up 3 housing law-related cases before the ECtHR.

In the Courts

  • R (Ignaoua) v Secretary of State for the Home Department [2013] EWHC 2512 (Admin) – Government termination of judicial review via certification under Justice and Security Act “troubling” but lawful, clear Parliamentary intention even though no new rules in force yet. Clear Parliamentary intention that JR can be terminated at any stage, notwithstanding that there are no new rules until “October” (Adam Wagner: this is a very interesting decision – worth a read. WIll be one to watch if it goes to appeal).

Upcoming Events

To add events to this list, email Adam Wagner. Please only send events which (i) have their own webpage which can be linked to, and (ii) are relevant to topics covered by the blog.

Welcome to the UKHRB

This blog is run by 1 Crown Office Row barristers' chambers. Subscribe for free updates here. The blog's editorial team is:
Commissioning Editor: Jonathan Metzer
Editorial Team: Rosalind English
Angus McCullough QC David Hart QC
Martin Downs
Jim Duffy

Free email updates

Enter your email address to subscribe to this blog for free and receive weekly notifications of new posts by email.




7/7 Bombings 9/11 A1P1 Aarhus Abortion Abu Qatada Abuse Access to justice adoption AI air pollution air travel ALBA Allergy Al Qaeda Amnesty International animal rights Animals anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 article 263 TFEU Artificial Intelligence Asbestos Assange assisted suicide asylum asylum seekers Australia autism badgers benefits Bill of Rights biotechnology birds directive blogging Bloody Sunday brexit Bribery British Waterways Board Catholic Church Catholicism Chagos Islanders Charter of Fundamental Rights child protection Children children's rights China christianity circumcision citizenship civil liberties campaigners civil partnerships climate change clinical negligence closed material procedure Coercion Cologne Commission on a Bill of Rights common buzzard common law communications competition confidentiality confiscation order conscientious objection consent conservation constitution contact order contempt of court Control orders Copyright coronavirus costs costs budgets Court of Protection crime criminal law Criminal Legal Aid criminal records Cybersecurity Damages data protection death penalty declaration of incompatibility defamation DEFRA Democracy village deportation deprivation of liberty derogations Detention devolution Dignitas dignity Dignity in Dying diplomacy director of public prosecutions disability Disability-related harassment disciplinary hearing disclosure Discrimination Discrimination law disease divorce DNA doctors does it matter? domestic violence Dominic Grieve don't ask don't ask don't tell don't tell Doogan and Wood double conviction DPP guidelines drones duty of care ECHR economic and social rights economic loss ECtHR Education election Employment Environment environmental information Equality Act Equality Act 2010 ethics Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Convention on Human Rights European Court of Human Rights European Court of Justice european disability forum European Sanctions Blog Eurozone euthanasia evidence Exclusion extra-jurisdictional reach of ECHR extra-territoriality extradition extradition act extradition procedures extradition review extraordinary rendition Facebook Facebook contempt facial recognition fair procedures Fair Trial faith courts fake news Family family courts family law family legal aid Family life fatal accidents act Fertility fertility treatment FGM fisheries fishing rights foreign criminals foreign office foreign policy France freedom of assembly Freedom of Association Freedom of Expression freedom of information Freedom of Information Act 2000 freedom of movement freedom of speech free speech game birds gangbo gang injunctions Garry Mann gary dobson Gary McFarlane gay discrimination Gay marriage gay rights gay soldiers Gaza Gaza conflict Gender General Dental Council General Election General Medical Council genetic discrimination genetic engineering genetic information genetics genetic testing Google government Grenfell grooming Gun Control gwyneth paltrow gypsies habitats habitats protection Halsbury's Law Exchange hammerton v uk happy new year harassment Hardeep Singh Haringey Council Harkins and Edwards Health healthcare health insurance Heathrow heist heightened scrutiny Henry VII Henry VIII herd immunity hereditary disorder High Court of Justiciary Hirst v UK HIV HJ Iran HM (Iraq) v The Secretary of state for the home department [2010] EWCA Civ 1322 Holder holkham beach holocaust homelessness Home Office Home Office v Tariq homeopathy hooding Hounslow v Powell House of Commons Housing housing benefits Howard League for Penal Reform how judges decide cases hra damages claim Hrant Dink HRLA HS2 hs2 challenge hts http://ukhumanrightsblog.com/2011/04/11/us-state-department-reports-on-uk-human-rights/ Human Fertilisation and Embryology Act Human Fertilisation and Embryology Authority human genome human rights Human Rights Act Human Rights Act 1998 human rights advocacy Human rights and the UK constitution human rights commission human rights conventions human rights damages Human Rights Day human rights decisions Human Rights Information Project human rights news Human Rights Watch human right to education human trafficking hunting Huntington's Disease HXA hyper injunctions Igor Sutyagin illegality defence immigration Immigration/Extradition Immigration Act 2014 immigration appeals immigration detention immigration judge immigration rules immunity increase of sanction India Indonesia Infrastructure Planning Committee inherent jurisdiction inherited disease Inhuman and degrading treatment injunction Inquest Inquests insult insurance insurmountable obstacles intelligence services act intercept evidence interception interests of the child interim remedies international international conflict international criminal court international humanitarian law international human rights international human rights law international law international treaty obligations internet internet service providers internment internship inuit investigation investigative duty in vitro fertilisation Iran iranian bank sanctions Iranian nuclear program Iraq Iraqi asylum seeker Iraq War Ireland irrationality islam Israel Italy iTunes IVF ivory ban jackson reforms Janowiec and Others v Russia ( Japan Jason Smith Jeet Singh Jefferies Jeremy Corbyn jeremy hunt job Jogee John Hemming John Terry joint enterprise joint tenancy Jon Guant Joseph v Spiller journalism judaism judges Judges and Juries judging Judicial activism judicial brevity judicial deference judicial review Judicial Review reform judiciary Julian Assange jurisdiction jury trial JUSTICE Justice and Security Act Justice and Security Bill Justice and Security Green Paper Justice Human Rights Awards JUSTICE Human Rights Awards 2010 just satisfaction Katyn Massacre Kay v Lambeth Kay v UK Ken Clarke Ken Pease Kerry McCarthy Kettling Kings College Klimas koran burning Labour Lady Hale lansley NHS reforms LASPO Law Commission Law Pod UK Law Society Law Society of Scotland leave to enter leave to remain legal aid legal aid cuts Legal Aid desert Legal Aid Reforms legal blogs Legal Certainty legal naughty step Legal Ombudsman legal representation legitimate expectation let as a dwelling Leveson Inquiry Levi Bellfield lewisham hospital closure lgbtq liability Libel libel reform Liberal Democrat Conference Liberty libraries closure library closures Libya licence conditions licence to shoot life insurance life sentence life support limestone pavements limitation lisbon treaty Lithuania Litigation litvinenko live exports local authorities locked in syndrome london borough of merton London Legal Walk London Probation Trust Lord Bingham Lord Bingham of Cornhill Lord Blair Lord Goldsmith lord irvine Lord Judge speech Lord Kerr Lord Lester Lord Neuberger Lord Phillips Lord Rodger Lord Sumption Lord Taylor LSC tender luftur rahman machine learning MAGA Magna Carta mail on sunday Majority Verdict Malcolm Kennedy malice Margaret Thatcher Margin of Appreciation margin of discretion Maria Gallastegui marriage material support maternity pay Matthew Woods Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB) Maya the Cat Mba v London Borough Of Merton McKenzie friend Media and Censorship Medical medical liability medical negligence medical qualifications medical records medicine mental capacity Mental Capacity Act Mental Capacity Act 2005 Mental Health mental health act mental health advocacy mental health awareness Mental Health Courts Mental illness merits review MGN v UK michael gove Midwives migrant crisis Milly Dowler Ministerial Code Ministry of Justice Ministry of Justice cuts misfeasance in public office modern slavery morality morocco mortuaries motherhood Motor Neurone disease Moulton Mousa MP expenses Mr Gul Mr Justice Eady MS (Palestinian Territories) (FC) (Appellant) v Secretary of State for the Home Department murder murder reform Musician's Union Muslim NADA v. SWITZERLAND - 10593/08 - HEJUD [2012] ECHR 1691 naked rambler Naomi Campbell nationality National Pro Bono Week national security Natural England nature conservation naturism Nazi negligence Neuberger neuroscience Newcastle university news News of the World new Supreme Court President NHS NHS Risk Register Nick Clegg Nicklinson Niqaab Noise Regulations 2005 Northern Ireland nuclear challenges nuisance nursing nursing home Obituary Occupy London offensive jokes Offensive Speech offensive t shirt oil spill olympics open justice oppress OPQ v BJM orchestra Osama Bin Laden Oxford University paramountcy principle parental rights parenthood parking spaces parliamentary expenses parliamentary expenses scandal Parliamentary sovereignty Parliament square parole board passive smoking pastor Terry Jones patents Pathway Students Patrick Quinn murder Pensions persecution personal data Personal Injury personality rights perversity Peter and Hazelmary Bull PF and EF v UK Phil Woolas phone hacking phone taps physical and mental disabilities physician assisted death Pinnock Piracy Plagiarism planning planning human rights planning system plebgate POCA podcast points Poland Police police investigations police liability police misconduct police powers police surveillance Policy Exchange report political judges Politics Politics/Public Order poor reporting Pope Pope's visit Pope Benedict portal possession proceedings power of attorney PoW letters to ministers pre-nup pre-nuptial Pre-trial detention predator control pregnancy press press briefing press freedom Prince Charles prince of wales princess caroline of monaco principle of subsidiarity prior restraint prison Prisoners prisoners rights prisoners voting prisoner vote prisoner votes prisoner voting prison numbers Prisons prison vote privacy privacy injunction privacy law through the front door Private life private nuisance private use proceeds of crime Professional Discipline Property proportionality prosecution Protection of Freedoms Act Protection of Freedoms Bill Protest protest camp protest rights Protocol 15 psychiatric hospitals Public/Private public access publication public authorities Public Bodies Bill public inquiries public interest public interest environmental litigation public interest immunity Public Order Public Sector Equality Duty putting the past behind quango quantum quarantine Queen's Speech queer in the 21st century R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 R (on the application of) v The General Medical Council [2013] EWHC 2839 (Admin) R (on the application of EH) v Secretary of State for the Home Department [2012] EWHC 2569 (Admin) R (on the application of G) v The Governors of X School Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 race relations Rachel Corrie Radmacher Raed Salah Mahajna Raed Saleh Ramsgate raptors rehabilitation Reith Lectures Religion resuscitation RightsInfo right to die right to family life right to life Right to Privacy right to swim riots Roma Romania Round Up Royals Russia saudi arabia Scotland secrecy secret justice Secret trials security services sexual offence Sikhism Smoking social media social workers South Africa south african constitution Spain special advocates spending cuts Standing starvation statelessness stem cells stop and search Strasbourg super injunctions Supreme Court Supreme Court of Canada surrogacy surveillance swine flu Syria Tax Taxi technology Terrorism terrorism act tort Torture travel treason treaty accession trial by jury TTIP Turkey Twitter UK Ukraine unfair consultation universal jurisdiction unlawful detention USA US Supreme Court vaccination vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wildlife wind farms WomenInLaw Worboys wrongful birth YearInReview Zimbabwe


This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.

Our privacy policy can be found on our ‘subscribe’ page or by clicking here.

%d bloggers like this: