A big welcome to all – new students and returning students a like.
By way of introduction here are some outlines of what the Law Clinic is and what it does. Also some highlights from last year.
Welfare Benefits – the Clinic raised £250,000 in the last year academic representing clients in welfare benefits appeals. We are currently working on cases where EU nationals and family members have been refused assistance on the basis that they have ‘no right to reside’ in the UK despite many of the clients having lived in the UK for many years. In an ongoing case for 35 years. There are also a number of Employment and Support Allowance (ESA) and Personal Independence (PIP) appeals.
Access to Land – the Clinic continues to work on cases around access to land and awaits a decision on whether a village green will be granted over Whitstable Beach. This year the Clinic team, led by solicitor, Elaine Sherratt, will also be looking at the oyster industry and how this conflicts with public use of the beach.
Family – problems arising out of divorce and separation are very common and very stressful. Last year the Clinic ran an event ‘Demystifying the Family Court’, which was aimed at helping individuals who were unrepresented but going through family court proceedings. Plans are afoot to run this event again this autumn. This term the Clinic will also be exploring the various legal remedies available to a victim of domestic abuse who wants to be able to take their child abroad for a holiday without notifying their ex-partner (this is one of the cases that inspired Philippa Bruce’s blog piece on taking children on holiday http://blogs.kent.ac.uk/kentlawclinic/2017/07/28/no-more-worries-for-a-week-or-two-summer-holidays-and-legal-permission-to-take-children-abroad/).
Employment – we continue to act for clients who are experiencing problems at work. Much of our work consists of advising and representing in claims brought in the employment tribunal and the ordinary courts. Current cases include helping local care workers who are not being paid the minimum wage for sleepover duties – a particularly hot current issue in the employment law field – and various employees claiming unfair dismissal after either being sacked for misconduct or for not accepting changes to their terms and conditions. A number of these claims also have discrimination and victimisation elements to them. In addition, we are helping to defend an appeal now being brought in the case of an ex-NHS employee who we represented earlier this year in her successful claim of unfair constructive dismissal. All of our current cases are likely to involve tribunal hearings at which Clinic students shall be able to attend.
Immigration – Because of the loss of legal aid from most immigration issues, migrants and their families are forced to deal with complex and costly applications, and difficult long-drawn-out tribunal cases, without any legal help. In immigration and asylum the Clinic is currently working on cases involving local ‘failed asylum-seekers’ who may have evidence for a fresh claim for asylum, but cannot find a lawyer to help them; families where a spouse or partner has been in the UK for many years unlawfully but who could make a valid application based on their right to family life; young local refugees obtain family reunion with family stranded abroad; as well as acting for so-called ‘foreign criminals’ who face a decision to deport however long ago their crime was committed, and regardless of the strength of their connections in the UK.
Housing – Having a safe home is important for people to maintain their well-being; lack of safe accommodation can make it extremely difficult for people to maintain employment, studies, and can disrupt personal relationships. During the last academic year we have represented tenants in successfully preventing their eviction; we won a claim of disrepair against the biggest ‘buy to let’ landlord in the UK, and we have also settled other claims for tenants, to get repairs carried out, to recover compensation or get deposits returned. We are awaiting a decision for a client who we helped in a serious complaint against a local Council whose actions had led to the unlawful eviction of our client and her family.
Criminal Justice work in the Clinic covers a wide range of matters involving all aspects of the CJS. Whilst criminal cases are amenable to legal aid and are often referred on after provisional advice is given, other elements of the Criminal Justice System rarely attract legal aid and people struggle to find legal assistance. These areas include complaints and civil actions against the police for example mistreatment of suspects, police misconduct and victim’s rights. Prison Law is a complex and neglected area. Examples of cases in this field include prisoners’ rights to communicate with family, rights to healthcare, opportunities for offender programs and education, through to parole and adjudications. We have a number of cases for victims who have applied for Criminal Injuries Compensation. One case will be before the First Tier Tribunal in October when a student is entitled to act as an advocate for our client so watch this space… Finally the module and volunteer students can assist with a variety of projects, examples include research to be used to campaign for change in the law of joint enterprise and another proposed initiate designed to support litigants in person through the Inquest system.
Even better than just reading about the Clinic why not come in and see it at first hand – participate. Find out how by coming to our weekly meeting – 2pm in the Kent Law Clinic, Wigoder Law Building.