Public Law Solicitors

The Court of Appeal has granted permission to appeal in a legal challenge to the lack of face-to-face legal representation at Derwentside IRC.

The judge considers that it is arguable, with a real prospect of success, that there is a ‘real risk’ that detainees cannot properly engage with their legal representatives.
The decision is in relation to a judicial review against the Secretary of State for the Home Department (SSHD) and her failure to provide access to in-person legal advice to women refugees in Derwentside immigration removal centre in Durham.

The challenge was initially brought by the charity Women for Refugee Women (WFRW) with an individual Claimant who had previously been detained at Derwentside IRC. Our challenge contended that this failure amounted to an abrogation of the right to justice which encompasses in-person attendance and advice by a legal representative.

The Judge in the lower court accepted that the arrangements at Derwentside may be ‘less effective’ for the highly vulnerable cohort of women but concluded that the arrangements were adequate. We appealed on the basis that the decision failed to adequately consider the evidence to the contrary amongst other reasons.

Public law solicitor Shalini Patel said: “We remain extremely concerned that vulnerable women continue to be detained there despite the legal aid desert in the vicinity of the IRC.”

Female detainees at the removal centre, many of them victims of gender-based violence and trafficking, have been told they can only obtain legal advice over the phone. Around a dozen women were transferred to the centre, a former youth prison, at the end of December.

The centre replaced Yarl’s Wood as the main site for women detained for immigration purposes. Despite assurances in the Equality Impact Assessment that an in-person service would be available, the SSHD opened Derwentside without this in place.

Detainees are entitled to 30 minutes of free legal advice irrespective of financial eligibility. Our public law team’s own research revealed there is an inadequate number of immigration legal aid lawyers near the centre. Ministers cancelled the process of procuring legal advice provision for the new centre in November 2021, after receiving insufficient compliant tenders. The surgery rota was allocated to London-based firms, which had previously provided surgery advice at Yarl’s Wood. However, the Derwentside centre is 10 hour round trip from London, making it impractical for face-to-face meetings.

On behalf of our client, it is contended that the shift to Derwentside has resulted in discrimination against the women who will be held there.

The application was made on behalf of an individual Claimant by our public law team, and is led by public law director Toufique Hossain, Shalini Patel and Lily Parrott, instructing counsel Alex Goodman and Miranda Butler of Landmark Chambers.

The team awaits a final hearing date, which is anticipated to be early this year.

Our public law team is top ranked by both the prestigious legal guides, The Legal 500 and Chambers and Partners, and has a broad practice representing both privately and publicly funded (legal aid) clients in matters involving immigration; asylum and human rights and deportation matters, with a niche practice in immigration and civil liberties claimant judicial review matters. They have significant practice in challenging delays in Home Office decision-making (asylum claims, accommodation / support), unlawful immigration detention cases with high net claims for damages and challenging immigration removal decisions, particularly third country removal cases.

If you think a public body (like a government department, the local authority or a tribunal) has treated you unfairly, our public law tea may be able to help you challenge this treatment. Public bodies frequently make unlawful decisions or policies; these can be damaging and life changing. Our team can help you challenge these decisions, to hold public bodies to account and to ensure that you get the justice you deserve.

For information about the team visit the website at public law experts.

For expert advice on any public law or immigration matter, contact public law solicitor Shalini Patel via email shalinip@duncanlewis.com or via telephone on 020 3114 1132.

Shalini is vastly experienced in the area of public law and human rights, on cases involving issues such as; trafficking; unlawful detention; removals to European countries under the Dublin Convention; removals on asylum and human rights grounds, challenges to policy/law relating to vulnerable individuals including victims of torture, pregnant women and victims of trafficking.