R(ECPAT & others) v SSHD & others
Michela acted, together with Mark Scott, for Brighton and Hove City Council in a successful challenge against the Home Office on its use of hotels to accommodate unaccompanied asylum seeking (UAS) children. The High Court found the routine practice of placing UAS children in hotels outside the care system to be unlawful and ordered that all children be moved out of hotels and into the care of a Local Authority. See media reporting here and here.
R v AGB
Michela acted for a Sundanese unaccompanied asylum-seeking child (AGB) in the successful appeal against his conviction for ‘illegal entry’. AGB had been wrongly prosecuted, convicted, and sentenced as an adult after arriving in the UK via ‘small boat’ and immediately claiming asylum. The Crown Court quashed his conviction and granted him anonymity in the first decision of this kind following the prosecution of a child in the adult Courts for immigration offences under s. 24(D1) and 25(1) of the Immigration Act 1971.
R v MTB
Michela acted in a Court of Appeal case brought on behalf a young pregnant woman who had been sentenced to the statutory minimum of 5 years imprisonment for firearm offences. In a ‘landmark’ judgement the Court of Appeal quashed the Appellant’s conviction finding that there were ‘exceptional circumstances’ which justified departure from the statutory minimum sentencing provisions. See media reporting here.
Inquest into the death of Annelise Sanderson
Michela acted for the family of Annelise Sanderson who died at HMP Styal in 2020 when she was just over 18 after having been sentenced to 52 weeks imprisonment. The jury returned a narrative conclusion which was critical of the care received by Annelise when she was unwell and found a clear failure to ensure adequate communication between professionals looking after her. See Inquest Press release here and media reporting here.
Inquest into the death of Leonard Farruku
Michela acts with Mark Scott for the family of Leonard Farruku in the ongoing inquest into his death. Leonard died while he was on board the Bibby Stockholm barge used by the Home Office to house asylum seekers.
TW v Commission of Police for the Metropolis
Michela acted for TW, a visually impaired black child, in a successful civil action arising from repeated and discriminatory stop and searches he was subjected to when he was 15. The claim settled in TW’s favour, while an IOPC investigation was opened and remains ongoing following a successful request for review of the original investigation conducted by the MPS Professional Standards Department.
ZXA and AXB v CNWL and the Home Office
Michela settled a complex civil claim for damages following a successful mediation on behalf of a bereaved mother and child whose husband and father had died in immigration detention. The claims settled against two Defendants for over £150,000.