Who? Janet Farrell, partner, Bhatt Murphy, London.
Why is she in the news? Represented two mothers in a legal challenge against the Home Office. The women, foreign nationals with limited leave to enter and remain in the UK, were detained and questioned over NHS debts when they re-entered the country after travelling abroad.
Thoughts on the case: ‘It took many hours of work to piece together the secret and unlawful nature of the policy, which led to widespread unlawful detention of potentially thousands of people. The Home Office withdrew the policy before the hearing and it is currently being rewritten. None of this would have happened if my clients – two families comprised of mothers and children – had not decided to litigate, notwithstanding the risks of putting their heads above the parapet. Immigration powers, including the power to detain without time limit, are broad, intrusive and too often go unscrutinised. The judgment is a strong endorsement of the need for transparent policies to guard against abuse and legal errors, so that those subject to those powers can challenge their detention and to promote the early identification of errors in policy. The judge held that the policy in question should have been published and was capable of misleading officers to act outside the scope of their powers. He also found that the home secretary had not carried out a proper assessment of the impact of this policy on groups protected under the Equality Act 2010, including women, who were disproportionately affected by it.’
A government spokesperson said: ‘The Home Office is carefully considering the implications of the judgment.’
Dealing with the media: ‘It was important to publicise this judgment as it exposes the existence of a secret unlawful policy and informs those affected about their rights. However, I am usually quite wary to engage with the press on the issue of immigration as there are certain sections of the media who reliably seek to stoke a culture war on that subject.’
Why become a lawyer? ‘Growing up in Northern Ireland during the Troubles, I developed a strong dislike for the behaviour of bullies and authoritarians on both sides of the divide, and an appreciation for the rule of law.’
Career high: ‘I acted for a refugee family of three brothers from Afghanistan who had been separated when forced to flee, with the eldest ending up in the UK. Over the course of a couple of years we managed to locate one younger brother in France and the other in Turkey and worked to get the family back together.’
Career low: ‘I have worked for two legal aid organisations that have unfortunately gone bust, leaving clients and staff high and dry. I was doing my training contract at one of them with only a few months left to complete – so that was quite a dispiriting start to my career.’
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