Public Law Solicitors

Duncan Lewis has issued a challenge against the Secretary of State for the Home Department (‘SSHD’) on behalf of the treatment of four clients, all of whom are confirmed victims of trafficking or modern slavery and have been refused leave to remain by the Home Office.

The claimants argue that the SSHD is operating an unlawful policy of refusing permission to stay for victims of trafficking and slavery, on the basis that they are not currently receiving mental health therapy, despite having been assessed as in need of such treatment. This is the case even where victims:

• Are on the waiting list for receiving psychological therapy or are in between two stages of therapy;
• Have been assessed by mental health clinicians as requiring stable immigration status before they can meaningfully engage in any form of mental health therapy;
• Are in receipt of forms of mental health treatment other than therapy, to address the psychological trauma caused by their exploitation; and/or
• Would be unable to access suitable treatment in their country of origin.

The claim concerns the SSHD’s interpretation of s.65 of the Nationality and Borders Act 2022 (which requires the SSHD to grant VTS leave where it is “necessary for the purpose of assisting the person in their recovery from any physical or psychological harm arising from the relevant exploitation”), the Immigration Rules and the Home Office’s own Temporary Permission to Stay for Victims of Human Trafficking and Slavery policy.

The claimants argue that the SSHD’s decision to refuse VTS leave in these cases, is unlawful for being based on a fundamental misdirection in law as to the requirements for granting VTS leave.

The SSHD’s practices have resulted in survivors of human trafficking and modern slavery being refused VTS leave, even in cases where there is extensive expert evidence showing that such leave is necessary in order for them to recover from the effects of their exploitation. Large numbers of vulnerable and heavily-traumatised people are being failed by the current system for deciding VTS leave, which in many cases has left them in limbo, with significant untreated mental health problems and at high risk of being re-trafficked.

The claimants are represented by Ahmed Aydeed, Sophie Chadd, Angelo Monni, Natalie Hawes and Lucy Maxwell of the Public Law Department at Duncan Lewis Solicitors. They have instructed Shu Shin Luh and Agata Patyna of Doughty Street Chambers, and Emma Fitzsimons of Garden Court Chambers.

The Duncan Lewis legal team:

Ahmed Aydeed (Director)

Ahmed Aydeed, serving as a Director at Duncan Lewis, is known for his expertise in complex immigration, asylum, and human rights cases. With a strong focus on public law, Ahmed has been instrumental in leading high-profile legal challenges that have shaped UK immigration law. He is renowned for his dedication to protecting the rights of vulnerable individuals.

Contact: AhmedA@duncanlewis.com | 020 7275 2036

Sophie Chadd (Solicitor)

Sophie Chadd is a Solicitor at Duncan Lewis specialising in a range of legal areas including immigration, asylum, and human rights. Known for her meticulous approach, Sophie has successfully represented clients in complex legal matters, demonstrating a strong commitment to achieving the best possible outcomes.

Contact: SophieC@duncanlewis.com | 020 3114 1130

Angelo Monni (Solicitor)

Angelo Monni is a Solicitor at Duncan Lewis conducting a wide range of work, including judicial reviews and human rights claims. He has worked on several high-profile cases, including the challenge to the draft Houses in Multiple Occupation (Asylum-Seeker Accommodation) (England) Regulations 2023, and preventing the imminent transfers of multiple asylum-seeker clients to the Bibby Stockholm barge.

Contact: AngeloM@duncanlewis.com | 020 3114 1141

Natalie Hawes (Caseworker)

Natalie Hawes is a dedicated caseworker at Duncan Lewis. She works closely with clients in immigration and asylum cases, providing thorough and compassionate support. Natalie's attention to detail and commitment to client care make her a valued member of the legal team.

Contact: NatalieH@duncanlewis.com | 020 3114 1109

Lucy Maxwell (Caseworker)

Lucy Maxwell, a caseworker at Duncan Lewis, is involved in a wide array of cases, particularly focusing on asylum and human rights issues. Her dedication to client welfare and her ability to handle complex cases with sensitivity and professionalism are hallmarks of her work.

Contact: LucyMa@duncanlewis.com | 020 3114 1158

Duncan Lewis Solicitors

Duncan Lewis’ award-winning public law team holds top tier rankings in the Legal 500 and Chambers directories and has been involved in high-profile cases such as the Rwanda challenge, Manston House, and the Brook House detention centre inquiry.