Rachael Gourley, instructed by Amanda Smith and Nina Ali of Hodge, Jones and Allen, represented the bereaved family of Elise Sebastian at the Article 2 jury inquest into her death.

Elise, a vulnerable 16-year-old with autism, died after tying a ligature around her neck on 17 April 2021 whilst a patient under the Mental Health Act 1983 at St Aubyn’s Centre in Essex.

The jury found that Elise’s death could have been prevented or her life prolonged if not for multiple failings in her care, stating that there were two main factors as follows:

(a)    “poorly administered observations due to poor staffing levels and falsified information in observation forms”; and

(b)    “Elise being able to gain access to her room and her observation level in an isolated area not being considered”.

Finding that these factors led directly to Elise tying the fatal ligature, the jury concluded that Elise’s death was contributed to by neglect. The Area Coroner indicated that she will be issuing a Prevention of Future Deaths Report addressed to Essex Partnership University Foundation Trust in respect of Elise’s death. This will be published in due course.

The inquest heard from 30 witnesses, including two expert witnesses, over 5 weeks. Media coverage is available here: BBC, BBC, and ITV.

Fordham J has overturned the decision of a police misconduct panel to dismiss allegations of sexual misconduct at half time.  The case considers the application of R v Galbraith in disciplinary proceedings. See here.

The inquest into the death of Sean Fitzgerald concluded yesterday in Warwick Combined Court. The inquest was held before Sir John Saunders sitting with a jury and lasted for 6 weeks.

The jury returned a conclusion of Lawful Killing together with a narrative.

Mr Fitzgerald died on 4 January 2019 after being shot by a police officer who was involved in an operation to search an address in Coventry. Mr Fitzgerald was believed to be a member of an organised crime group (OCG) that was engaged in offences involving drugs and violence and had access to firearms. Mr Fitzgerald was not armed when he was shot.

Gerry Boyle KC and Stephen Morley acted for West Midlands Police, whose firearms team were involved in the search operation.

James Berry KC and Chloe Hill acted for West Mercia Police, whose officers were members of the Regional Organised Crime Unit that was conducting the investigation into Mr Fitzgerald and another member of the OCG.

Elliot Gold represented the IOPC at an earlier stage of the proceedings.

The case has attracted significant media coverage.

Sophia Roper KC successfully acted on behalf of the Children’s Guardian in an appeal which has conclusively established that a local authority cannot, by virtue of a care order, give valid consent to the confinement of a child which it has placed in circumstances depriving him of his liberty, reversing the decision of Lieven J in the High Court to the contrary.  In doing so, the court set out important principles relating to Article 5 of the European Convention on Human Rights which will have application beyond the scope of family law proceedings: J v Bath and North East Somerset Council & Ors [2025] EWCA Civ 478.

Sophia led Libby Harries of Albion Chambers, Bristol, in this significant appeal, ultimately supported by all other parties and four interveners, including the Secretary of State for Education.  At first instance Lieven J had held that the local authority could give consent to the arrangement for J’s care and that his situation did not fall within the scope of Article 5 at all, depriving him of all the protections to which he was entitled under the ECHR: Re J : Local Authority consent to Deprivation of Liberty [2024] EWHC 1690 (Fam).

King LJ stated: “Put simply, in order to satisfy the requirements of Art 5, there must be an independent check on the State’s power to detain. The local authority is an organ of State which, albeit acting in their best interests, is confining the child. The second limb of Storck requires there to be valid consent to that confinement. It is as Ms Roper submitted, inconsistent with Art 5 for that organ of State to ‘both create the conditions in which a vulnerable person is confined and then to be able to give valid consent [to that confinement] so as to remove the case from Art 5.’”

Sophia and Libby were instructed by Ruth Slader of Daniel Woodman on behalf of the Children’s Guardian.

Sarah Clarke KC celebrated her final year as Course Director of the world renowned South Eastern Circuit, Tim Dutton CBE KC Advanced International Advocacy Course, held annually at Keble College, Oxford.

This course is the longest running and most famous advocacy course in the world and for over 30 years its faculty, comprising senior judiciary, Silks and Juniors of the highest calibre from the UK and international jurisdictions, has trained advanced advocates from the England and Wales Bar as well as international advocates from all over the world.

Sarah is the first Woman Course Director of this prestigious course and is proud to have been a part of the teaching faculty and organising team for over 25 years.

The Home Secretary has today laid before Parliament Police (Vetting) Regulations to address the lacuna identified by the Administrative Court in R (Di Maria) v Commissioner of Police of the Metropolis [2025] EWHC 275 (Admin).

The Vetting Regulations provide a process for police officers’ vetting clearance to be reviewed and, where appropriate, removed. Officers whose minimum vetting clearance is removed must be dismissed. The Regulations also provide for an internal appeal against the removal of vetting, and for an appeal to the independent Police Appeals Tribunal. The Regulations will come into force on 14 May 2025.

The announcement has generated significant media coverage.

Separately, the Court of Appeal has granted the Commissioner permission to appeal against Lang J’s decision in Di Maria.

John Beggs KC and James Berry KC appeared for the Metropolitan Police Service in Di Maria along with Katherine Hampshire.

John and James advised the Metropolitan Police Service on its representations to the Home Office with respect to the proposed Police (Vetting) Regulations.