{"id":736,"date":"2020-04-07T10:39:26","date_gmt":"2020-04-07T09:39:26","guid":{"rendered":"http:\/\/blogs.kent.ac.uk\/kentlawclinic\/?p=736"},"modified":"2020-05-12T14:39:34","modified_gmt":"2020-05-12T13:39:34","slug":"the-kent-law-clinic-life-during-lockdown","status":"publish","type":"post","link":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/the-kent-law-clinic-life-during-lockdown\/","title":{"rendered":"Kent Law Clinic: Life during\u00a0lockdown\u00a0"},"content":{"rendered":"

Law, much like time, waits for no one.\u00a0In these extraordinary times the wheels on the\u00a0juggernaut\u00a0that is law, if\u00a0a little fitfully, roll on.\u00a0As\u00a0life does\u00a0for the vast majority\u00a0but with its attendant difficulties magnified.\u00a0The Clinic,\u00a0like the justice system\u00a0and everyone for that matter,\u00a0is having to adapt to social distancing, self-isolation, public health concerns \u2026to the\u00a0lockdown\u00a0and\u00a0the\u00a0rapidly changing\u00a0environment.\u00a0\u00a0\u00a0\u00a0<\/p>\n

To sh<\/span>ine<\/span>\u00a0a little light in\u00a0<\/span>what are\u00a0<\/span>dark times\u00a0<\/span>what follo<\/span>ws is\u00a0<\/span>an account of the Clinic during lockdown including some notable successes\u00a0<\/span>secured over the past t<\/span>hree<\/span>\u00a0weeks.<\/span>\u00a0<\/span>They should be<\/span>,<\/span>\u00a0and I hope a<\/span>re, understood as\u00a0<\/span>succe<\/span>sses for the\u00a0<\/span>K<\/span>ent\u00a0<\/span>L<\/span>aw\u00a0<\/span>S<\/span>chool<\/span>\u00a0<\/span>(a manifestation\u00a0<\/span>of our collective critical ethos<\/span>)\u00a0<\/span>as well\u00a0<\/span>for<\/span>\u00a0<\/span>the\u00a0<\/span>wider\u00a0<\/span>University<\/span>.<\/span>\u00a0We have great students, great staff and have a vital role to play across and in our communities.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

It<\/span>\u2019<\/span>s<\/span>\u00a0time to accentuate the positive<\/span>.<\/span>\u00a0<\/span>E<\/span>ach\u00a0<\/span>case outlined\u00a0<\/span>is a\u00a0<\/span>tribute to the work of Clinic students and<\/span>\u00a0the<\/span>\u00a0<\/span>dedication of the\u00a0<\/span>solicitors\/supervisors<\/span>\u00a0who conducted the<\/span>m<\/span>.\u00a0<\/span>\u00a0<\/span><\/p>\n

Evening advice sessions\u00a0\u00a0<\/span><\/h2>\n

Rather than cancel the last two evening advice sessions of the term<\/span>\u00a0<\/span>we\u00a0<\/span>ran them by telephone.\u00a0<\/span>We took this decision after consulting with our legal volunteers (the local solicitors and barristers who generously give their time and expertise to provide advice to members of the public). Clinic co-ordinators deftly\u00a0<\/span>made the<\/span>\u00a0(<\/span>re<\/span>)<\/span>arrangements and put the logistics in place.<\/span>\u00a0Although less satisfactory than a face to face appointment, the clients did not lose the precious opportunity to receive timely\u00a0<\/span>legal\u00a0<\/span>advice.<\/span>\u00a0<\/span><\/p>\n

Successes<\/h2>\n
    \n
  • Against all odds: large criminal Injury payment secured: <\/span><\/b>On 2\u00a0A<\/span>pril a<\/span>\u00a0<\/span>letter received from the Crim<\/span>inal Injuries Compensation\u00a0<\/span>Authority\u00a0<\/span>confirm<\/span>e<\/span>d that<\/span>\u00a0<\/span>our client had been awarded just under \u00a390,000. The details\u00a0<\/span>of the case\u00a0<\/span>are too sensitive to go into.\u00a0<\/span>What\u00a0<\/span>can be said is that t<\/span>he case shows the Clinic at its\u00a0<\/span>holistic\u00a0<\/span>best. When first approached three years ago\u00a0<\/span>the prospects of success<\/span>\u00a0seemed hopeless \u2013 for one thing\u00a0<\/span>th<\/span>e client\u2019s claim\u00a0<\/span>was<\/span>\u00a0years out of time. Th<\/span>is<\/span>\u00a0case has been\u00a0<\/span>the cumulative efforts o<\/span>f\u00a0<\/span>many\u00a0<\/span>Clinic students, 4 Clinic solicitors<\/span>,<\/span>\u00a0a<\/span>s well as\u00a0<\/span>coordinators<\/span>. T<\/span>here have been\u00a0<\/span>myriad<\/span>\u00a0applications,\u00a0<\/span>numerous\u00a0<\/span>lever-arch folders of documents<\/span>,<\/span>\u00a0Tribunal D<\/span>irectio<\/span>ns<\/span>\u00a0Hearings<\/span>, Revi<\/span>ews<\/span>\u00a0and Appeals.<\/span>\u00a0Pe<\/span>rsistence and collective\u00a0<\/span>endeavour\u00a0<\/span>have\u00a0<\/span>been rewarded<\/span>.\u00a0<\/span>A special mention<\/span>\u00a0should<\/span>\u00a0go to former Clinic solicitor Hannah\u00a0<\/span>Uglow<\/span>\u00a0who first took on the challenge.<\/span>\u00a0<\/span><\/li>\n
  • Transfer<\/span><\/b> of tenancy secured: <\/span><\/b>This week the Clinic obtained a court order for our client, transferring a secure tenancy into our client\u2019s sole name. Our client and her former partner held a joint tenancy for over ten years. The relationship broke down<\/span>\u00a0<\/span>the ex-partner moved out, but our client suffered ongoing harassment despite having a restraining order<\/span>\u00a0in place<\/span>.\u00a0<\/span>Our client understandably felt anxious and insecure.\u00a0<\/span>Because of\u00a0<\/span>coronavirus<\/span>,<\/span>\u00a0the\u00a0<\/span>case could not be heard in the\u00a0<\/span>court building<\/span>\u00a0<\/span>so instead\u00a0<\/span>took place\u00a0<\/span>as a<\/span>\u00a0telephone<\/span>\u00a0hearing<\/span>.<\/span>\u00a0<\/span>Our client is delighted with the outcome and very grateful to\u00a0<\/span>Clinic\u00a0<\/span>student<\/span>\u00a0<\/span>Sara\u00a0<\/span>Ogbab<\/span>, who worked with Clinic solicitor, Vivien Gambling, on this case. Sara led the meetings with\u00a0<\/span>the client,\u00a0<\/span>prepared the\u00a0<\/span>application (under Part IV Family Law Act 1996) and\u00a0<\/span>the\u00a0<\/span>witness statement<\/span>.<\/span> What\u00a0is particularly satisfying\u00a0<\/span>is\u00a0<\/span>that our client retains a secure council tenancy, with a high level of protection. The Localism Act 2011<\/span>,<\/span>\u00a0brought in detrimental changes resulting in far less protection for new tenancies,\u00a0<\/span>making it<\/span>\u00a0<\/span>all the more<\/span> important for our client to keep hold of her secure tenancy.<\/span><\/li>\n
  • Pip<\/span><\/b>p<\/span><\/b>ed<\/span><\/b> in the post: disability benefit awarded: <\/span><\/b>The Clinic takes on cases challenging decisions refusing claims for PIP (Personal Independence Payment) \u2013 a benefit intended to support disabled people with daily living and mobility needs. In February this year Ms H contacted us, after she was refused PIP, an all too frequent occurrence. Like many others\u00a0she\u00a0<\/span>had previously received Disability Living Allowance. The refusal was a shock as well as a loss of much needed income.\u00a0<\/span>Although a friend had telephoned the Department of Work and Pensions to say that Ms H wished to challenge the decision<\/span>,\u00a0<\/span>she had not submitted a written<\/span>\u00a0challenge<\/span>\u00a0with substantive reasons within the\u00a0<\/span>28 day<\/span>\u00a0time limit.\u00a0<\/span>Clinic student Meredith Armstrong, working with Clinic solicitor Vivien Gambling under some time pressure<\/span>,<\/span>\u00a0drafted the grounds for challenging the decision<\/span>.<\/span>\u00a0<\/span>In the first instance the\u00a0<\/span>DWP\u00a0<\/span>reviews its own decision \u2013 a mandatory reconsideration.\u00a0<\/span>Of<\/span>ten it<\/span>\u00a0simpl<\/span>y re<\/span>peats<\/span>\u00a0its refusal<\/span>\u00a0meaning\u00a0<\/span>a long wait (<\/span>12 months at present) for an appeal to a Tribunal<\/span>. <\/span>Much to our\u00a0<\/span>client\u2019s and\u00a0<\/span>our\u00a0<\/span>delight,\u00a0<\/span>a letter arrived earlier\u00a0<\/span>this week\u00a0<\/span>from\u00a0<\/span>the DWP revis<\/span>ing its<\/span>\u00a0decision<\/span>\u00a0and\u00a0<\/span>awarding PIP. We still need to consider the revised\u00a0<\/span>decision carefully \u2013 the level of the award<\/span>, arguably<\/span>,<\/span>\u00a0could be\u00a0<\/span>higher.\u00a0<\/span>But, it\u2019s a sta<\/span>r<\/span>t<\/span>, a good one<\/span>\u00a0as a PIP award\u00a0<\/span>leads to other benefits being increased<\/span><\/li>\n
  • I<\/span><\/b>mmigration:\u00a0<\/span><\/b>Family\u00a0<\/span><\/b>to be\u00a0<\/span><\/b>reunited\u00a0<\/span><\/b>after\u00a0<\/span><\/b>years: <\/span><\/b>On 1\u00a0<\/span>April\u00a0<\/span>Richard Warren<\/span>, Clinic immigration practitioner,\u00a0<\/span>received unexpected but\u00a0<\/span>amazingly good news<\/span>. Our\u00a0<\/span>client who had been languishing in Egypt\u00a0<\/span>as\u00a0<\/span>a re<\/span>fuge<\/span>\u00a0<\/span>from Syria\u00a0<\/span>had\u00a0<\/span>just\u00a0<\/span>arrived in the UK\u00a0<\/span>and would soon\u00a0<\/span>be with his wife and daughter.\u00a0<\/span>To set the sc<\/span>ene<\/span>: h<\/span>is wife<\/span>\u00a0<\/span>had come to the UK in 2018<\/span>\u00a0under the Syrian resettlement programme, and their daughter\u00a0<\/span>was\u00a0<\/span>born shortly after her arrival.<\/span>\u00a0<\/span>Our client\u00a0<\/span>had been separated from them for two years,\u00a0<\/span>living the precarious life of a refugee<\/span>\u00a0in Egypt<\/span>\u00a0<\/span>–\u00a0<\/span>uncertain as to whether he would be forced to return to Syria.\u202f<\/span>The\u00a0application for family reunion was\u00a0<\/span>made in<\/span>\u00a02018. Following a lengthy legal battle<\/span>, involving two<\/span>\u00a0appeals, the immigration tribunal accepted that a refusal of entry clearance would amount to a disproportionate interference in the family’s right to family life.\u202f<\/span>The Home Office\u00a0<\/span>was slow to\u00a0<\/span>act on the decision<\/span>. Further legal threats had been made by the Clinic but with planes grounded<\/span>\u00a0and travel suspended things looked bleak<\/span>.<\/span> But for once\u00a0something good and proactive happened<\/span>.\u00a0<\/span>The UK waived visa requirements and\u00a0<\/span>he\u00a0<\/span>was allowed to<\/span>\u00a0<\/span>b<\/span>oard<\/span>\u00a0a repatr<\/span>iation flight.\u00a0<\/span>Our client<\/span>\u00a0is in the UK and\u00a0<\/span>able to see and be with his<\/span>\u00a0<\/span>dau<\/span>ghter<\/span>\u00a0for the very first time.<\/span><\/li>\n<\/ul>\n

    The Clinic\u00a0Abides<\/h2>\n

    There is more.<\/span>\u00a0<\/span>Such as:<\/span><\/p>\n