Media By: Sam Sykes


The Weekly Roundup: Workers’ Rights, Criminal Procedure, and Compulsory Supervision Orders

22 June 2020 by

Photo: Wikimedia Commons

In the news

This week the UK government lowered the COVID-19 alert level from level 4 to level 3, with non-essential shops reopening for business on 15 June. July 4 will be “the next big stage” in the government’s plan; it is expected that pubs and restaurants may reopen then. The 2m social distancing rule is under review, and the government have implied that it may be lifted soon.

Meanwhile, the contact tracing app which had been developed by the ‘healthtech’ body NHSX has been scrapped, owing to severe limitations in detecting contacts from iPhones. The government will now move forward instead with a Bluetooth tracing system developed by Google and Apple, looking to incorporate the successful parts of the NHSX app where possible. Whichever system is eventually deployed will face intense scrutiny. Contact tracing apps worldwide are raising human rights concerns, as has been explained by Amnesty International and other organisations.

Black Lives Matter protests continued this week across the cities of the UK, with protesters calling for the removal of statues of figures from UK history associated with the colonial past of the British Empire, such as that of Winston Churchill in Parliament Square. Protesters have also called for the removal of Boris Johnson’s Director of Policy, Munira Mirza. Mirza is a long-standing opponent of the ‘anti-racism’ movement which has gained significant ground during the last few weeks, having been a critic of Blairite ‘multiculturalism’ and the 2017 Lammy Review of BAME groups in the justice system, and having played down allegations of institutional racism such as those raised by the Windrush scandal. She has been asked by the Prime Minister to head a new commission on racial inequalities.

In other news:

  • The US Supreme Court issued two landmark decisions this week. In Bostock v Clayton County, the court interpreted the word ‘sex’ in Title VII of the Civil Rights Act 1964 as including both sexuality and gender identity, such that it is unlawful for an employer to fire someone merely for being gay or transgender. In Department of Homeland Security v Regents of the University of California et al, the court blocked the Trump administration’s attempt to end Deferred Action for Childhood Arrivals (‘DACA’), a program which protects child immigrants from deportation, on the basis that the administration had failed to provide a ‘reasoned explanation’ for its decision.  
  • UN Human Rights Chief Michelle Bachelet has called for worldwide action on systemic racism. Speaking to the UN Human Rights Council, she said that “behind today’s racial violence, systemic violence and discriminatory policing lies the failure to acknowledge and confront the legacy of the slave trade and colonialism”, and urged countries to “make amends for centuries of violence and discrimination, including through formal apologies, truth-telling policies, and reparations in various forms.”
  • The US Congress has passed a new law, under which Chinese officials deemed to be responsible for the arbitrary detention and torture of Uighurs will be denied entry to the country and have any assets held in the USA frozen. China’s foreign ministry has strongly criticised the law, stating that the US should ‘immediately correct its mistakes’.

In the courts

There were three noteworthy decisions in the courts this week. These considered, respectively, workers’ rights and coronavirus; criminal procedure and Article 5 ECHR; and Scottish family law and Article 8 ECHR.  

  • R (oao Adiatu & anor) v HM Treasury: this was a judicial review of decisions made by the Treasury in respect of the availability of Statutory Sick Pay (‘SSP’) and the Coronavirus Job Retention Scheme (‘JRS’) during the pandemic. The challenge was brought by Mr Adiatu, a Nigerian Uber driver with leave to remain, together with the Independent Workers’ Union of Great Britain.  The Claimants sought a declaration that the Treasury’s decisions were discriminatory under the ECHR and/or EU law and/or in breach of the public sector equality duty (‘PSED’) under s.149 Equality Act 2010. The court rejected this on all counts: the Treasury was within its margin of appreciation under the ECHR, noting the urgency and practical difficulties involved in applying SSP and the JRS during the coronavirus crisis; the means adopted by the Treasury were proportionate; and ministerial submissions prior to the roll-out of the JRS discussing the possible effects on women and BAME people confirmed that sufficient regard had been had by the Treasury to the PSED.
  • Archer v The Commissioner of Police of the Metropolis: in 2012, aged 15, the Claimant was involved in an incident at a chicken shop in Woolwich where he was stabbed in the back and head by local gang-members. He was arrested on suspicion of violent disorder and possession of an offensive weapon, and subsequently detained pursuant to s.38(1)(b)(ii) Police and Criminal Evidence At 1984 (‘PACE’), which authorises detention where “the custody officer has reasonable grounds for believing that [the arrested juvenile] ought to be detained in his own interests.” He sought a declaration of incompatibility on the basis of Article 5 ECHR, together with damages for unlawful detention under s.8 Human Rights Act 1998. The court held that his detention had not been incompatible with Article 5 ECHR, and so he was not entitled to damages, nor was the impugned section of PACE incompatible with Article 5. In reaching this conclusion, the court followed IA v France, where it had been held that ‘own protection’ could be a ‘relevant and sufficient’ reason for detention. Although the detention was justified by the Claimant’s own protection, it was still ‘with a view to’ bringing him before a court, and therefore was “for the purpose of bringing him before the competent legal authority” under Article 5(1)(c) – even if but for the need to protect the suspect, detention would not have been necessary. Granting the declaration would have risked making it “impracticable for the police to fulfil their duties”.
  • ABC v Principal Reporter & Anor (Scotland): this appeal concerned the role of siblings in the procedures by which ‘children’s hearings’ in Scotland make compulsory supervision orders (‘CSOs’). The hearings in question are attended by the child in question, together with ‘relevant persons’, who must attend or face criminal sanction; ‘relevant persons’ are understood in the legislative scheme as persons who have had a significant involvement in the child’s upbringing, and therefore will ordinarily not include siblings. The Claimants, ‘ABC’ and ‘XY’, had not been deemed relevant persons in respect of their younger siblings who were made subject to CSOs. They argued that the legislative scheme was incompatible with Article 6 and Article 8, and that siblings should have procedural rights in relation to these hearings, in particular to attend and make representations.  The court rejected this argument, noting that concerns about privacy and the dissemination of sensitive information outweighed the rights of siblings in these cases. However, Lady Hale and Lord Hodge emphasised in their judgement that there must always be a ‘bespoke enquiry about the child’s relationship with his or her siblings’ in each case.  

The Weekly Round-up: Dominic Cummings, Hong Kong, and Immigration Law Challenges

25 May 2020 by

Photo: Wikimedia Commons

In the news

It emerged this week that Dominic Cummings drove 250 miles from London to Durham with his wife and child to be with his parents, while his wife was experiencing symptoms of COVID-19. In so doing, Mr Cummings appears to have flouted the government guidance of which he was one of the architects. Leading Tory MPs have called for the Prime Minister to sack Mr Cummings, but he has refused to do so, saying that Mr Cummings “followed the instincts of every father and parent”, and “has acted legally, responsibly, and with integrity”.

Apparently in response to the incident, a rogue Civil Service employee tweeted from the official Civil Service Twitter account “Arrogant and offensive. Can you imagine having to work with these truth twisters?” The Tweet was swiftly deleted, and a Cabinet Office investigation is under way into how it was released.  

The situation in Hong Kong has escalated again this week, as Beijing gears up to enact Article 23 of the Basic Law, Hong Kong’s ‘mini-constitution’ of 1997, and impose national security laws to prohibit “treason, secession, sedition [and] subversion”. Protesters have been out in force in defiance of coronavirus restrictions, and police have repeatedly made use of tear gas, pepper spray, and water cannons. Notably, protesters have started to call for full independence for Hong Kong, which has not previously been one of the pro-democracy movement’s official objectives.


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The Weekly Roundup: Coronavirus Human Rights Implications and the Right to Rent

27 April 2020 by

Photo: Eric Bridiers

In the news

The world is reckoning this week with the human rights consequences of governmental efforts across the world to address the coronavirus pandemic. UN Secretary-General Antonio Gutierres has released a report on how the pandemic is becoming a ‘human rights crisis’. He highlights the disproportionate impact on minority communities, urging that national states of emergency must be proportionate, limited in scope, and alert to the risks of undue censorship and privacy violations. The report is available here.

Within the UK, the Equality and Human Rights Commission has been urging that more reasonable adjustments be made for the disabled and vulnerable in the handling of the pandemic.

In the sphere of criminal justice, the EHRC warns in an interim report that video hearings risk serious discrimination for people with learning disabilities, autism spectrum disorders, and mental health conditions. The report’s recommendations include ensuring disabled defendants have accessible information explaining their right to raise issues to do with participation, ensuring frontline professionals consider identifying people for whom video hearings may be unsuitable, and using registered intermediaries to support disabled defendants in video hearings. The report is available here.


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UKHRB Roundup 20-4-2020: Coronavirus and a Labour party leak

20 April 2020 by

In the news

COVID-19 continues to dominate the news this week. The death toll in Europe has now risen to over 100,000, with the UK accounting for more than 16,000 of those. Although there appear to be signs that the infection curve is slowing elsewhere in Europe, and vaccine trials are now underway, it seems likely that we are in this for the long haul. UK government chief scientific adviser Patrick Vallance has written in the Guardian this week, explaining the challenges of ensuring any proposed vaccine is safe, and of scaling it up as required. 

Pressure is building for the government to publish the findings of ‘Exercise Cygnus’, a three-day flu pandemic readiness exercise conducted in October 2016, as critics note the government’s apparent ill-preparedness for the coronavirus outbreak. According to the Observerthe New and Emerging Respiratory Virus Threats Advisory Group (Nervtag) recommended that the government: 

  • Develop a ‘pandemic influenza concept of operations’ to improve coordination between the ‘complex network of partners’ involved; 
  • Plan for ‘legislative easements’ to deal with the pandemic; 
  • Work on ‘better understanding of the public reaction to a reasonable worst-case pandemic’; and  
  • Strengthen ‘surge capability and capacity in operational resources in certain areas’, especially in respect of excess deaths, social care, and the NHS. 

Lib Dem MP Philip Lee has urged Matt Hancock and Michael Gove to answer “when did they read the Cygnus report that has not been published and, having read that report, why did they conclude not to increase testing, PPE, and ventilator capacity in January?”. The Department of Health has insisted that the UK is “one of the most prepared countries in the world for pandemics.”

Concerns about criminal justice during the coronavirus pandemic continue. As the backlog builds up, DPP Max Hill QC has instructed the CPS to seek out-of-court solutions where possible, so as to limit the ‘expanding pipeline’ of cases waiting to be heard. Mr Hill and other voices such as James Mulholland, vice-chair of the Criminal Bar Association, have stressed the importance of deterrent sentences for offences related to COVID-19 and deliberate infection. However, ex-DPP Ken MacDonald QC has urged the courts not to mete out excessive jail term, arguing that prison is not the place for ‘nuisances’.    

Lockdown is causing serious damage to family life too. There has been a surge in urgent care proceedings in the family courts, as increased drinking, money worries, and domestic violence put vulnerable children at risk. Unicef has released guidance for authorities on the protection of children during the COVID-19 pandemic. In light of the rise in domestic violence, Home Secretary Priti Patel this week launched an urgent awareness campaign, pledging £2m for domestic violence charities and the Domestic Abuse Commissioner. 


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Weekly Round up : March Madness

2 March 2020 by

Microscopic view of Coronavirus, a pathogen that attacks the respiratory tract. Analysis and test, experimentation. Sars. 3d render

In the news 

National concern about coronavirus rose further this week, as the tally of UK cases rose to 36. The government has said that it will publish an emergency ‘battle plan’ for tackling the virus, based on existing contingency plans for responding to a pandemic flu outbreak. This will include ministers responsible for coronavirus in each department, as well as a public information campaign run from the Cabinet Office; if the virus spreads further, it could also include banning big events, closing schools, and advising against use of public transport. When questioned yesterday on whether cities will be isolated, as in China, Health Secretary Matt Hancock was emphatic that no tactics are “off the table” in the government’s coronavirus strategy.  

The Johnson government is facing major setbacks elsewhere this week.  


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The Weekly Round-up: Brexit, Criminal Records, Universal Credit, and the Sultan of Drugs

4 February 2020 by

Photo: Tero Vesalainen

In the news

On Friday, the UK left the EU. In the midst of jubilation, despair, and relief, questions remain about the human rights implications this decision may have, as we continue to negotiate the precise terms of our exit. Clause 5 of the European Union (Withdrawal) Act 2018 already confirmed that the EU Charter of Fundamental Rights would not be included in ‘retained’ EU legislation after Brexit. Now, the Conservatives may be able to move forward with their long-term commitment to repeal the Human Rights Act 1998 and introduce a ‘British Bill of Rights’. Boris Johnson’s manifesto promise was to ‘update’ the legislation, as part of a programme of constitutional reform, looking at “the relationship between the government, parliament and the courts.”

As the coronavirus continues to provoke anxiety, China has come in for criticism for its handling of the epidemic, in the New York Times and on Human Rights Watch. After concealing new cases in Wuhan in early January, there has been censorship of online posts about the epidemic, bans on speaking to the media and journalists, and the government has been interrogating web users accused of ‘spreading rumours’ and ‘publishing and spreading untrue information online’. 


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The Weekly Round-up: Iran, Technology and the Labour Leadership Contest

7 January 2020 by

Photo: Wikimedia commons

In the news

The news has been nothing if not dramatic this week. US President Donald Trump arranged for the assassination of Iranian General Qasem Soleimani by drone strike on Friday. At Soleimani’s state funeral in Tehran, the streets were filled with crowds chanting ‘death to America!’, and a weeping Ayatollah Khamenei promised that a ‘harsh retaliation’ would come to the USA. The media is full of geopolitical speculation: some say that this amounts to a ‘declaration of war’ by the USA on Iran, and will lead to World War III, while others worry about the possibility of nuclear escalation. The BBC has published this relatively deflationary overview of the risks, as the situation stands.

British-Iranian dual citizen Nazanin Zaghari-Ratcliffe, who was imprisoned in 2016 for allegedly ‘plotting to topple the Iranian regime’ and ‘spreading propaganda against Iran’, remains in prison in the country. Her husband has called for an urgent meeting with UK Prime Minister Boris Johnson. In light of Mr Johnson’s previous mishandling of the situation as Foreign Secretary, and his refusal to condemn the killing, saying on Sunday “we will not lament his death”, Richard Ratcliffe may well consider that he is entitled to a meeting.

International concern continues, too, over the 19-year-old UK citizen held in Ayia Napa in Cyprus, who says that she was compelled to withdraw her allegations of gang rape against a group of Israeli nationals under duress from Cyprus police. She was convicted in 2019 for ‘wilfully indulging in public mischief’, and is now pursuing an appeal process which could take up to three years. Dominic Raab this week urged the Cypriot authorities to ‘do the right thing’ in deciding her case.


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The Weekly Roundup: The Women’s Manifesto, Assisted Suicide, Life Sentences, and Citizenship Appeals

25 November 2019 by

In the news

With an election on the horizon, a coalition of 29 women and human rights organisation has published a manifesto for women and girls. Their stated goals are to “end violence against women and girls”; “secure women’s equal representation in politics”; “promote equality in the workplace and in the home”; “invest in public services”; and “lift women and children out of poverty”.  To achieve these goals, they propose measures including a new ‘Violence Against Women and Girls’ bill to lay before Parliament; funding for high-quality sex and relationships education; improvements to the criminal justice system regarding allegations of rape and sexual assault; equal pay; increased maternity pay and maternity allowances; an end to pregnancy discrimination; and a strengthening of the law on sexual harassment at work, creating a duty on employers to prevent harassment from occurring. The manifesto is available here.

The backlash against internet intermediaries and ‘surveillance capitalism’ continues this week. Amnesty International have released a report entitled ‘Surveillance Giants’, which analyses in detail the human rights threats posed by Facebook, Google, and other technology corporations. The report is available here. Meanwhile, in the courts, Singh LJ granted Ed Bridges permission to appeal the facial recognition judicial review which he lost in September, noting that Mr Bridges’ appeal had a reasonable prospect of success.


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The Weekly Round-up: Liberalisation in Northern Ireland and a Report on the Digital Welfare State

28 October 2019 by

Photo: Jean-Marc Ferré

In the news

This has been a turbulent week for Brexit. Despite gaining approval for his adapted version of Theresa May’s deal, Boris Johnson has been unable to secure approval for his Brexit timetable, with a narrow consensus in Parliament that the deal requires longer scrutiny. Meanwhile, EU leaders have granted permission for a further extension to Article 50 until 31st January 2020, in response to the letter sent by the Prime Minister to comply with the Benn Act. Leaving on October 31st is no longer possible; Parliament is preparing for a December general election.


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The Weekly Round-up: Hong Kong, data privacy, and pensions equality

7 October 2019 by

Image: Studio Incendo

Sam Sykes and Conor Monighan provide the latest updates in human rights law

In the news

This week marked the 70th anniversary of the Community Party’s rule in China. In Hong Kong, there were violent protests and clashes with the police. The unrest which began in the wake of the controversial extradition bill introduced 4 months ago has developed into a wider movement for democracy, and there is no resolution in sight. The situation has caused damage to buildings and transportation infrastructure, and serious injuries: this week, an 18-year-old was shot in the chest – police say that he is now recovering.

Carrie Lam, the Chief Executive of Hong Kong, invoked the Emergency Powers Ordinance to try and create order. It is the first time in 50 years that such regulations have been created. The regulations ban people from wearing face masks, which protesters use to protect themselves from tear gas, and also to preserve their anonymity. Although many have ignored the rule, the Hong Kong authorities are now bringing the first charges under the new law.  


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The Weekly Roundup: Facial Recognition Technology (and Brexit)

10 September 2019 by

Image: UK Parliament/ Jess Taylor

In the news

As we inch towards October, the £100m government campaign to ‘Get Ready for Brexit’ has been launched. But to all intents and purposes, the government are jumping the gun. By the time businesses have managed to get themselves ready for Brexit (again), Boris Johnson will probably have been required to request an extension to Article 50 under the anti-no deal bill proposed by Hillary Benn, which today was given royal assent and passed into law.


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The Weekly Roundup: Police powers and freedom of information

12 August 2019 by

Photo by Andrew Parsons

In the news

On Friday, Prime Minister Boris Johnson set down his stance on law and order in three major announcements, fulfilling his promise to ‘come down hard on crime’. This follows the announcement of 20,000 ‘extra’ police officers a few weeks ago.

Firstly, Home Secretary Priti Patel announced enhanced stop-and-search powers for police officers under s.60 Criminal Justice and Public Order Act, on the basis of a ‘knife-crime epidemic’. Under the new rules, an officer need only believe that a violent incident ‘may occur’, not that it ‘will’, and a lower level of authorisation will be required to exercise the power.

Secondly and thirdly, Mr Johnson has promised penal reforms. The Ministry of Justice has allocated £2.5bn to create ‘modern, efficient prisons’, including 10,000 new prison places. Alongside this, Mr Johnson has announced a sentencing review, by which he hopes to increase sentences for violent and sexual offenders, and reduce the use of ‘early release’ on licence – currently available to most offenders after they served half of their sentence, under the Criminal Justice Act 2003.

The resources of this crackdown are welcome, especially with an extra £85m for the chronically underfunded CPS. However, the approach is controversial. Stop-and-search in particular has been heavily criticised in the past. Some say that it is ineffective – a study released by the Home Office in 2016 found that enhanced stop-and-search had not decreased crime when used in key London boroughs. Others say that the policy is discriminatory in its application, and worsens the relationship between the public and the police, drawing links to the 2011 London riots.

The review of the Prevent counter-terrorism initiative is expected to begin today, following the appointment of the independent reviewer. However, the process of appointing the reviewer has been criticised for its opacity – Ed Davey MP has spoken of a ‘whitewash’, while Liberty director Martha Spurrier has suggested that the government are ‘[shielding] Prevent from the scrutiny it desperately needs’.

In further unwelcome news, a report found that a chartered deportation flight lacked ‘common decency’ towards passengers. Passengers were subjected to excessive restraint (up to 14 hours at a time); not allowed appropriate privacy when using the toilet; not appropriately supervised; and subject to long delays. This was followed by revelations that the Home Office used restraint against deportees in 447 cases between April 2018 and March 2019, as reported by Guardian.


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The Weekly Roundup: Boris Johnson, Hong Kong, and Freedom of Religion on Social Media

8 July 2019 by

Image: Annika Haas

In the news

In Hong Kong, protests have continued against a proposed law allowing extradition of Hong Kong residents to China. On Monday 1 July, campaigners delivered a letter to the UK government, petitioning the government to change the status of the British National (Overseas) Passport to include an automatic right to live and work in the UK. The government has yet to formally respond to the petition. However, Foreign Secretary Jeremy Hunt has stated that he is ‘keeping his options open’, and threatened ‘serious consequences’ if China fails to honour the Joint Declaration treaty of 1984 (which stipulated the terms of the 1997 handover).


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The Round-up: Saudi Arabia, school protests, and state surveillance

25 June 2019 by

Photo: The Huffington Post

In the news

In a bombshell ruling on Thursday last week, the Court of Appeal (Sir Terence Etherton MR, Irwin, Singh LJJ) held that the UK government’s failure to suspend licences for the sale of military equipment to Saudi Arabia was irrational, and thus unlawful. This was based on a finding that the government had violated Article 2.2 of the EU Common Council Position 2008/944/CGSP, as adopted in the Secretary of State’s 2014 Guidance. Under this instrument, Member States must deny a licence for the sale of arms to other states if there is “a clear risk” that the military equipment exported might be used “in the commission of serious violations of international humanitarian law”. In this case, there was a substantial risk of their use in the conflict in Yemen. The issue will now be remitted to the Secretary of State for reconsideration.

Government misuse of data continues to be a hot topic, as hearings have begun for Liberty’s landmark judicial review under the Investigatory Powers Act 2016. Meanwhile in Parliament, the Joint Committee on Human Rights has launched a new inquiry into ‘Privacy and the Digital Revolution’. The committee received evidence including written submissions from Privacy International, Liberty, the Information Commissioner’s Office. In its findings so far, it has emphasised a widespread lack of knowledge and understanding about how personal data is being used, threats posed by large-scale data collection to freedom of expression and association, and the role of ‘baked-in’ discrimination in data collection algorithms. These findings will supplement the government’s Digital Harms white paper, announced in April.

The Equality and Human Rights Commission has published a report into legal aid and access to justice for discrimination cases. Its recommendations include reforming the telephone service to make reasonable adjustments for disabled users, adjusting the threshold and financial evidence requirements for financial eligibility, and addressing the asymmetry in terms of claims for legal representation between discrimination and other cases. The full report is available here.  

The Court of Appeal yesterday overturned the decision on Nathalie Lieven J in the Court of Protection that doctors could perform an abortion on an intellectually disabled woman who was 22 weeks pregnant without her consent. The decision had been made despite opposition by the woman’s mother and social worker, and had led to some international controversy, including a transatlantic intervention by US Senator Marco Rubio. Lieven J stated in her judgement that it would be a “greater trauma” for the woman to have a baby removed into care post-pregnancy than to have an abortion, stating “I have to operate in [her] best interests, not on society’s views of termination.” She also suggested that the woman, who was considered to have a mental age of between 6 and 9, wanted a baby “in the same way that she would like a nice doll”. The judgement of the Court of Appeal is not yet published.  

In the courts

  • Liberty, R (On the Application Of) v Director of Legal Aid Casework: in 2017, Poole BC issued a public spaces protection order to prohibit rough sleeping in the town centre. This was issued despite advice from the Home Office that PSPOs could not be used for such a purpose. Ms Sarah Walker, a homelessness worker, sought to challenge the decision under s.66 of the Anti-Social Behaviour, Crime and Policing Act 2014, and was refused legal aid for making that challenge. Murray J upheld the Director’s decision to refuse legal aid. Despite submissions about the precariousness of her (and many others’) circumstances, he held that Ms Ward was not seeking a ‘personal’ or ‘material’ benefit as required by paragraph 19(3) of LASPO 2012, read in light of the Ministry of Justice’s 2009 consultation paper. In light of this conclusion, the question of whether a s.66 challenge constitutes ‘judicial review’ under paragraph 19(10) was not addressed.
  • Birmingham City Council v Afsar & Ors: this case related to the recent protests outside Anderton Park School in Birmingham, against the teaching of LGBTQ relationships to young children. Warby J discharged injunctions that had been granted without notice at the end of May, on the basis of a failure to comply with the duty of full and frank disclosure. However, he granted fresh interim injunctions, as he considered that the Council had demonstrated that it would probably succeed at trial in showing a risk justifying an injunction, and that the fresh injunctions would not amount to ‘improper restraint of lawful protest’. A more detailed weighing up of Articles 9, 10, 11 ECHR and Article 2 Protocol 1 awaits in the substantive hearing.
  • Chief Constable of Norfolk v Coffey: a front-line police officer with serious hearing loss applied to be transferred from the Wiltshire Constabulary to the Norfolk Constabulary, but was refused because her hearing fell “just outside the standards for recruitment strictly speaking.” The police officer was awarded compensation in the Employment Tribunal, on the basis of discrimination based on a perceived disability, under s.13 and Sch 1 of the Equality Act 2010. the Chief Constable appealed. In dismissing that appeal, the court emphasised the Chief Constable’s failure to take into account the Home Office guidance, and dismissed any suggestion that front-line duties were different in Norfolk and in Wiltshire as ‘half-baked’.  
  • MacKenzie v The University of Cambridge: a lecturer in the Faculty of Law at the University of Cambridge was dismissed in 2013. Upon a challenge, the Employment Tribunal made an order for re-engagement following unfair dismissal under Part X of the Employment Rights Act 1996. The claimant sought to enforce this decision by issuing judicial review proceedings in the High Court, relying on s.3 and s.6 HRA 1998, Articles 6 and 13 ECHR, and Article 1 of the first Protocol. The court held, however, that ss.115-117 of the Employment Rights Act indicated that an ‘order for re-engagement’ did not create an ‘absolute and indefeasible obligation’ on the employer to re-engage the employee, or an equivalent right in the employee to be re-engaged. Therefore, in the absence of special circumstances, the order was not enforceable in the High Court, and the application for judicial review was dismissed.

On the UKHRB

  • Amelia Walker discusses the investigation into abuse at Brook House.
  • On Episode 85 of Law Pod UK, Emma-Louise Fenelon talks to Jo Moore and Laura Bruce about equality, diversity, and access to the Bar.  
  • Thomas Beasley reviews the Supreme Court’s decision on ‘intentional homelessness’ in Samuels v Birmingham City Council.
  • On Law Pod UK Rosalind English discusses with Alaisdair Henderson the Welsh government’s decision to scrap the M4 Newport relief road.

The Weekly Roundup: Windrush compensation, fracking injunctions, and deportation of ‘foreign criminals’

8 April 2019 by

CARL COURT/AFP/Getty Images

In the news 

This week, the Home Secretary Sajid Javid launched the Windrush Compensation Scheme. It is estimated that the total compensation will be somewhere in the region of £200m, but critics note that individual payments may be ‘insultingly low’, as with a cap of £1,000 for those who left under a ‘voluntary’ return scheme. The government has published an impact assessment for the scheme. 

The media (and certain MPs) have reacted with outrage to a High Court judge’s statement that a man had a ‘fundamental human right’ to have sex with his wife. The remark was made by Hayden J in a Court of Protection case concerning a marriage to a woman with severe learning disabilities. One commentator has suggested that the remark has been interpreted uncharitably, and was simply meant to indicate a cautious approach to governmental interference with private life in such complex and difficult situations, in line with Article 8 of the ECHR.

The Foreign Office has appointed human rights lawyer Amal Clooney as its ‘Special Envoy for Media Freedom’. Meanwhile, human rights criticisms of the UK government itself have come from various angles: 

  • The Northern Ireland Human Rights Commissioner has called on Theresa May to clarify the post-Brexit rights of Northern Ireland-born Irish citizens. 
  • The Scottish Commissioner for Young People and Children has called for UN intervention to address Scottish breaches of children’s human rights, such as by strip-searching and illegal restraint. The Commissioner urges the implementation of the UN Convention on the Rights of the Child into Scots law. 
  • report by the Commons Foreign Affairs Committee, titled ‘China and the Rules-Based International System’, worries that UK trade policy with China is prioritising economic interests over other vital concerns such as human rights violations. 
  • report by Citizens UK indicates that the Home Office is making a substantial profit (~£25m/year) from fees to process citizenship applications by the children of migrants who have grown up in the UK. 
  • As Shamima Begum’s lawyers prepare her appeal against the government’s decision on her citizenship, international criticism of the UK’s reluctance to repatriate children of ISIS parents is growing, with repatriations by France and Germany, and pressure from the International Committee of the Red Cross. 

Outside the UK: 

  • Brunei’s anti-LGBT law has come into force, despite overwhelming international criticism. 
  • Debate continues about Mark Zuckerberg’s call for a US state regulator of Facebook. 
  • Rwanda marked the 25thanniversary of the 1994 genocide

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