6KBW brochure

The Chambers of Sibghat Kadri Q.C. Equality SocialWelfare CivilLiberties HumanRights

6 King’s Bench Walk

Equality SocialWelfare CivilLiberties

The Chambers of Sibghat Kadri Q.C. at 6 King’s Bench Walk Temple London EC4Y 7DR Tel: 020-7583-0695 Fax: 020-7353-1726 Email: admin@6kbw.co.uk DX: 471 London/Chancery Lane Website: www.6kbw.co.uk

Introduction 6 King’s Bench Walk is a set of barristers committed to providing legal representation and advice to all individuals and groups in community. We recognise that the provision of advocacy and advice is an important service that allows people to exercise, defend and rely upon their rights. In our work we aim to ensure that vulnerable and socially excluded individuals and groups receive a professional service that enables them to uphold their rights and interests and gives them full access to the benefits of the law.

As a set of barristers we are proud of our multiracial and multicultural composition. Individual members of chambers hail from African, Asian, Caribbean and European backgrounds. We also have a gender mix of approximately equal numbers of male and female barristers.

Gary Jeffery (senior clerk): gjeffery@6kbw.co.uk Janet McGlasson: jmcglasson@6kbw.co.uk Philip Bampfylde: pbampfylde@6kbw.co.uk Peter Furness: pfurness@6kbw.co.uk Mark Beerling (fees clerk): markb@6kbw.co.uk For further information concerning the work of chambers and for fuller biographical details please consult our website at www.6kbw.co.uk

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HumanRights

Main areas of work

Introduction to Chambers

Asylum Support Community Care Criminal Defence Discrimination Education Employment EU Law Family and Children Homelessness/Housing Human Rights Immigration and Asylum International Work Landlord and Tenant Mental Health Nationality National Security Public Law Social Security Work Permits

Chambers 6 King’s Bench Walk is a multiracial and multicultural set of chambers established in 1973.

We currently have thirty one members. The head of chambers is Sibghat Kadri QC (pictured above).

Chambers has a long and proud history of combating racial discrimination, both through the law and though campaigning in the community.

Today we remain committed to enabling people to combat prejudicial discrimination, to working for equality in society, to empowering people to secure their social welfare, to protecting and defending civil liberties and to using international human rights instruments in domestic and international courts to promote a diverse and plural society. We also provide a service to progressive public bodies committed to these principles.

Members of Chambers are active in professional legal associations and are committed to publicly funded and Pro Bono work. We are also involved in community projects and the provision of legal training and lectures. Individual members have written and contributed to numerous legal journals and books.

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Gary Jeffery (senior clerk)

Philip Bampfylde

Janet McGlasson

Peter Furness

Mark Beerling (fees clerk)

Equal Opportunities

The Clerks

We are committed to the Bar Council policy of nondiscrimination. As barristers we must not in relation to any other person (including a client, another barrister, a pupil or a student member of an Inn of Court) discriminate directly or indirectly or victimise because of race, colour, ethnic or national origin, nationality, citizenship, sex, sexual orientation, marital status, disability, religion or political persuasion.

The clerks room is at the heart of 6 King’s Bench Walk . It is the administrative centre of chambers.

The clerks are always willing to discuss the concerns that instructing solicitors and case workers may have when seeking advice and representation. Every effort is made to accommodate the needs of clients and to match their requirements to the most suitable barrister or barristers. At 6 King’s Bench Walk we seek to make sure that the administration of chambers provides an effective, friendly and sensitive service that can be relied upon.

In selecting pupils and tenants we follow the guidelines laid down by the Bar Council’s Equality Code. We consider all applications for pupillage and tenancy on an equal and non-discriminatory footing. All pupils are selected through the chambers selection procedure. Consideration of applications for pupillage or for tenancy takes place after a decision has been about the number and type of vacancies to be filled. Vacancies are publicised as widely as possible.

Information Technology Chambers’ administration is computerized. The preferred word processing software is Microsoft Word. Chambers are linked into CD databases, on-line services and Lexis. We welcome suggestions for the improved provision of facilities for data exchange.

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The clerks are Gary Jeffery (Senior Clerk), Philip Bampfylde, Janet McGlasson, Peter Furness and Mark Beerling (fees clerk).

Pro Bono Work At 6 King’s Bench Walk members of chambers are available to undertake pro bono work in agreed circumstances where public funding is not available. As part of our commitment to work that promotes social welfare, individual members of chambers will consider providing pro bono work on a case by case basis. Arrangements are very much a matter for individual members, some of whom already have substantial pro bono commitments, through community groups, the Bar Pro Bono Unit, and individual relationships with solicitors.

However, where there is need we will make efforts to accommodate clients who would otherwise go unrepresented.

Asylum Support We recognise the overwhelming importance of this area of law. Asylum Support, in the form of good accommodation, effective community care and proper welfare payments, is a central concern of those seeking refuge in the United Kingdom while they are waiting for their claims to be decided.

Such support is a basic human entitlement. As a result of our strong background in the Asylum, Housing and Social Security fields of law, as well as our specific experience in this field, we have the expertise to advise and represent clients as required.

There are many different housing and benefit regimes that apply to asylum seekers. Asylum Support springs from sources such as NASS, the local authorities, and the Benefits Agency. It is a

complex area. In addition we acknowledge that there are difficulties in bringing challenges where there is often no statutory right of appeal and the only form of redress is via the process of judicial review. We aim to work with our solicitors to ensure that the social welfare and human rights of our clients are fully protected and that they suffer no further indignities.

Members of chambers are available to advise on rights and represent people as required. We regularly act for asylum seekers and persons from abroad in bringing claims for judicial review to obtain asylum support, community care, and housing remedies. In addition, members of Chambers appear before the Asylum Support Adjudicators at Croydon.

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Community Care

Criminal Defence

We advise and act for clients in all aspects of community care law. Members of chambers are able to advise on the range of duties and obligations to provide services to those in need. The range of community care issues ranges from residential and nursing accommodation, to services at home, children in need, and NHS responsibilities. As a result of our extensive experience in related areas of public law as well as social security and housing, we are able to provide a comprehensive service in this area. In addition to advising clients, members of chambers are able to advise on variety of remedies that may be pursued and to represent clients accordingly. As with other areas in which members of chambers practice, there is a concern within chambers to ensure that the full range of relevant human rights provisions are applied to this area.

At 6 King’s Bench Walk we advise and represent clients at every level required from summary proceedings in the Magistrates’ Courts through to trials on indictment in the Crown Court, judicial review in the High Court and appeals in the higher courts. Members of chambers are available to defend clients across the full range of offences. We are able to provide barristers at all levels of seniority from silks (QCs) through to junior and recently called barristers. We recognise the overwhelming seriousness of criminal proceedings for our clients.

Members of Chambers accordingly acknowledge the need for clear and robust advice as well as for a high standard of advocacy and representation. As with other areas of law in which we practise, we are concerned to make sure that clients are able to avail themselves of the full range of their human rights.

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Education

Employment

This field has been developed by a few specialist practitioners leading to several reported cases and an increasing expertise within chambers. We advise and represent clients on all aspects of education law. By way of example, members of chambers have appeared before exclusion panels and boards of governors and have advised on employment and discrimination issues relating to education. We have also advised on issues related to bullying and personal injury claims in an educational setting.

Further areas of work include the provision of advice on the obtaining of awards and grants, advising on prejudicial discrimination in the marking of exams and advising on the funding of nursery (pre-school) education. Individual members of chambers have advised private nurseries.

We have a highly accomplished and successful employment section. The section comprises approximately ten barristers who specialise in employment law, and range in experience from over 20 years’ call (including silks) to 3 years’ call.

Members of the employment team appear regularly in employment tribunals throughout the country and in the Employment Appeal Tribunal. We also appear in the higher courts.

We work in the field of higher education, advising and representing clients on disciplinary issues within universities, in relation to the visitorial jurisdiction within universities and on the issue of higher education funding.

In addition to representing clients on education matters before panels, boards, and tribunals, we also work in the higher courts on behalf of our clients. We have experience of obtaining injunctions in relation to the many education issues that arise and to conducting judicial review claims where appropriate. We are sensitive to the need to ensure that all our clients are able to rely on their human rights in this area.

The service we provide is a varied one. We cover all areas of employment law – including contracts, dismissals, redundancies, TUPE transfers, discrimination and equal pay, maternity rights, parental rights, part-time workers, working time regulations, minimum wages, health and safety, public interest disclosures, data protection, EC law and human rights.

We provide advice on all matters relating to your employment, representation at the employment tribunals and at the EAT, draft policies, procedures and employee handbooks, provide training, and provide information and guidance on new legislation. We act for trade unions, statutory bodies such as the Commission for Racial Equality (CRE), insurers, and private employers and employees.

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European Union Law

Family

At 6 King’s Bench Walk we have extensive experience of the application of European Union law to immigration law at all levels. Members of chambers have experience of litigating European Union law in domestic courts and also before the European Court of Justice. We are keenly aware of the growing body of European Union law and policy following the Treaty of Amsterdam (under the Free Movement provisions, Title IV EC Treaty, Title VI Treaty on European Union/ ‘Third Pillar’), the EC Association Agreements under the Treaty of Nice and the draft European Constitution. In addition we are abreast of the flow of EC Directives as they apply to migration law. We are aware that there are many community organisations and institutions that require advice on the innovations and common European initiatives that are now emerging.

Members of chambers are available to provide written advice and are able to advise institutions in conference on these issues as required.

We have a team of six members of chambers who specialise in family law. Their expertise is unusually broad and represents a wide range of experience.

Members cover a huge range of work in all aspects of the law but our particular strength is in areas in which housing, immigration and human rights issues are raised.

A large percentage of our work is, and despite graduated fees continues to be, publicly funded.

Our solicitor base is widespread from all sectors of the community.

We are proud that as members of a multi-racial set we are often instructed in cases in which cultural awareness is a major component both in relating to the client and presenting the case. We tend to act for the families on moderate or low incomes, sometimes those families where the only asset is the tenancy of the former matrimonial or quasi matrimonial home.

We work principally in and around London and the Midlands circuit.

In so far as work specifically relating to children is concerned, members of chambers are instructed on behalf of local authorities and the official solicitor as well as private individuals. We cover both private and public law cases in all courts in London and the Midlands.

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Housing, Landlord and Tenant, and Homelessness At 6 King’s Bench Walk we have a dedicated and well established team who are able to advise and represent clients in all aspects of housing, landlord and tenant, homelessness and property law.

Members of Chambers have extensive experience in the areas of homelessness (intentionality, suitability, local connection, allocation, interim accommodation, disrepair, statutory nuisance, possession cases, social housing, private housing and real property, succession, unlawful eviction, related areas of family and trusts law and asylum support.

We are able to provide representation at all levels of call and deliver a high standard of service to our clients. We have extensive experience in all courts where housing matters are heard.

Human Rights In all our work in the field of immigration law we make sure that individual human rights are enforced. We have considerable experience in applying the European Convention on Human Rights in domestic courts and tribunals and of litigating before the European Court of Human Rights. In addition, we are concerned to make sure that rights in other international instruments and emerging norms of international human rights law are applied in a purposeful and meaningful way. It is increasingly clear that there is great scope for innovation in applying human rights provisions.

Members of chambers have been concerned to ensure that human rights are not only considered in the interpretation of legislation and treaties but that they are further considered in the application of legislation and treaties to the facts of a particular case.

We are able to act swiftly in judicial review proceedings where necessary. Members of Chambers are active within the Housing Law Practitioners’ Association (HLPA) and are keen to support vulnerable clients whose housing is precarious. As part of our commitment to the values of social welfare and equality we aim to work with solicitors to support those in greatest need.

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Immigration and Asylum Law 6 King’s Bench Walk is a leading set in the field of Immigration law. From the very beginning of modern Immigration law we have been involved in the leading cases as well as providing a comprehensive service at all levels. The head of chambers, Sibghat Kadri QC, brought one of the first significant cases under the Immigration Act 1971. This eventually reached the House of Lords as Ex p Azam [1974] AC 18 (HL).

We continue to represent clients at every level from Adjudicators and the Immigration Appeal Tribunal, though the High Court and the Court of Appeal, to the House of Lords, the European Court of Justice and the European Court of Human Rights.

Members of chambers are able to draw on the considerable resources and collective knowledge gathered in chambers over the past three decades when representing clients in this rapidly changing area of law. We are at the forefront of responding to new challenges and developments in immigration law in order to protect our clients’ interests and advance their human rights.

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As a chambers we seek to apply our ethos of a concern to promote social welfare, human rights and equality to the field of Immigration and Asylum law. We have a team of QCs and junior tenants who are available to represent clients at all levels. We are able to provide individual or teams of barristers as required.

In addition to advocacy we provide high quality written advice. In a field where developments in domestic, European Union and human rights case law and legislation are so rapid, our ability to advise individuals, community organisations and institutions on new and complex law is a vital part of our work.

Members of chambers who work in the Immigration team also practise in related areas of law such as Discrimination, Housing, Criminal Defence, Mental Health Asylum Support, Social Security and so on.

Consequently we are able to apply our expertise across the range of problems our clients face.

International Work

Mental Health

Members of Chambers have appeared in a variety of international courts and fora around the world.

In addition to work before the European Court of Human Rights, and the European Court of Justice, members of chambers have been involved in cases before the Inter-American Commission on Human Rights, the Supreme Court of India and Courts in the Caribbean. Furthermore, we have experience of working with the human rights mechanisms of the United Nations. We are available to receive instructions from lawyers outside the United Kingdom and to provide advice on English law where appropriate. In certain circumstances we are able to act for clients outside the United Kingdom in international human rights courts. We are also able to advise and represent domestic clients and community organisations in foreign and international processes where possible and appropriate.

At 6 King’s Bench Walk we have a small team of barristers who work in this sensitive area. We are very conscious of the particular needs and demands of clients within the field of mental health law. We appreciate the need for the same barrister to work with a client throughout the length of their case.

We have members of chambers available to act before Mental Health Tribunals and to advise on matters of law as appropriate. In addition, we act for clients in Judicial Review proceedings and on appeal. Mental Health law involves the determination of difficult and sensitive issues. We aim to apply human rights law to empower clients in the defence of their own interests.

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Nationality

National Security

We are able to advise and represent clients on all aspects of this difficult area of law. British nationality law reflects the history of government priorities in this field at different times. There are still many classes of British nationality that differ in the restricted rights and entitlements they provide.

As a chambers with over thirty years experience in immigration law we are ideally placed to be able to make sure that individuals are able to identify their position succinctly. Members of Chambers have been involved in challenges that use European human rights law and EC law to assist those whose rights as a result of nationality status fall short of full citizenship rights. In addition, to British nationality law we also advise on statelessness issues for those who have no nationality and require advice and representation.

We are a leading set in this sensitive area with experience in cases before the Special Immigration Appeals Commission (SIAC), the Court of Appeal and the House of Lords on national security matters. Members of chambers have recently acted in both the leading cases in this area: Secretary of State for the Home Department v Shariq Ur Rehman [2001] UKHL 47 and A, X, Y & Ors v Secretary of State for the Home Department (2002) [2002] EWCA Civ 1502. Following the enactment of the Anti-terrorism, Crime and Security Act 2001, the jurisdiction of SIAC has been expanded to include terrorism as well as national security issues. Individual members of chambers are instructed in matters under the new Act. We have been seeking to develop a specialist library of academic and legal materials to enable us to meet the unique challenges that these cases pose.

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Public Law Judicial review forms a very high volume of our caseload. We are one of a small handful of chambers which account for the heaviest use of the Administrative Court Office list in fields such as immigration, asylum, asylum support, community care, mental health, education, housing and so on.

We are actively involved in the Court’s user group.

The use of judicial review in this area is a valuable check on the control of vulnerable and excluded people by executive and government agencies. We have extensive experience of applying the principles of public law to the advantage of our clients.

Judicial review is also a method by which human rights can be applied. Individual members of chambers have been at the forefront of using human rights law in innovative ways. The provision of preliminary advice on potential challenges by way of judicial review and under the Human Rights Act 1998 is an important part of the service we offer.

We also do a great deal of advisory work, such as advising on issues related to administrative tribunals of one sort or another, advising the users of local authorities’ services (as well as local authorities themselves) on matters as wide-ranging as housing, landlord and tenant issues, health, education, local government finance, planning, registered homes, and environmental law.

Race, Sex, Disability and other status based discrimination The members of our employment team also practice in the field of discrimination law. We are very experienced in dealing with claims of race, sex and disability discrimination in the employment field and have been involved in many high profile and reported cases. Individual members of chambers act for the Commission for Racial Equality (CRE).

Members of the team also have experience in dealing with discrimination in other areas, such as education, housing, and the wide-ranging category of “goods, facilities and services”. This includes discrimination by pubs, hotels, insurance companies, prisons, the police and so on.

6 King’s Bench Walk has a long history of combating race discrimination, through the law, within the profession, and in working with the community. We also act with equal commitment in the fields of sex and disability discrimination.

Discrimination as an area of law is expanding to include other challenges to prejudicial discrimination based on age, sexuality and other statuses. New sources of anti-discrimination law are emerging from EC law and the European Convention on Human Rights. Members of chambers are able to advise and act for clients in these new areas as required. We provide advice on the merits of cases and how to proceed, draft the necessary pleadings and provide representation at the county courts, tribunals and the higher courts. www.6kbw.co.uk ● 13

Social Security

Work Permits

6 King’s Bench Walk specializes in social security work and in particular representing claimants at all levels. Claimants for social security are amongst the most vulnerable members of society and chambers has a strong commitment in representing their interests.

We act and advise clients in important area.

Immigration and asylum policy is becoming more integrated. There are many new ways in which the work permits and entry clearance in order to work may be obtained. The introduction of new legislative and policy initiatives mean that up to the minute advice is required. In addition to assisting traditional business and commercial clients with work permits, we aim to ensure that those on temporary admission or seeking asylum are advised on the new Government policies and programmes where applicable.

Members of chambers represent claimants at Social Security Appeal Tribunals, before the Social Security Commissioners, and in the High Court, the Court of Appeal and the House of Lords.

Representation is often undertaken on a pro-bono basis as most appeals before the SSAT and the Commissioners are not funded under the LSC. In addition to ordinary social security law, members of chambers take a particular interest in the areas of social security law that relate to immigration issues and status.

Member of chambers have been involved in a number of notable cases, including: Ewens v Secretary of State for Department of Work and Pensions [2001] EWCA Civ 270 CA ( reported as R(IS ) 8/01 ); CIS /1542/2001 ( date when asylum claim recorded as determined for benefit purposes) Anufrijeva v SS for DWP CA ( date when asylum claim recorded as determined for benefit purposes ); CIS/2702/2000 ( meaning of on arrival for benefits purposes ).

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Further information about the work we do can be found on our website at www.6kbw.co.uk

“In seizing me you have only cut down the tree of liberty.

It will spring afresh; its roots are deep and strong.”

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at 6 King’s Bench Walk Temple London EC4Y 7DR Tel: 020-7583-0695 Fax: 020-7353-1726 Email: admin@6kbw.co.uk DX: 471 London/Chancery Lane Website: www.6kbw.co.uk