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Bhatt Murphy Solicitors

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Jane Ryan

Jane practises across all areas of work undertaken by the firm, including actions against the police, prison law, inquests and immigration detention. She specialises in public law and human rights with a particular focus on the civil liberties of prisoners and those detained under immigration powers. She regularly represents prisoners in proceedings before the Parole Board and in claims against the Prison Service. She has a number of cases working with transgender people who have been mistreated in police and prison custody.

In December 2012 Jane won a “best lawyer” award from Medical Justice in recognition of the work she does with women detainees at Yarl’s Wood IRC and her contribution to the pregnant women in detention project. Jane was shortlisted for the Public Lawyer of the Year award at the Legal Aid Lawyer of the Year awards 2016.

Her notable cases include:

R (Idira) v Secretary of State for the Home Department [2015] EWCA . The claim raised important issues under Article 5(1)(f) ECHR of holding immigration detainees in prisons following the High Court decision ([2014] EWHC 4299).

R (PA) v SSHD [2014] CO/1978/2014
A groundbreaking challenge by a pregnant asylum seeker, known as PA, the Home Secretary agreed to review the policy on detention of pregnant women. The Home Office apologised to the claimant, agreed to review its policy on pregnant women in detention, issue a new Detention Service Order and pay compensation for unlawful detention.

Read Jane's article on the ongoing detention of pregnant women at Yarl's Wood for the Justice Gap here.

R(PU) v SSHD [2015] CO/814/2015
Test case challenging the detention of trafficking victims on the Detained Fast Track. The High Court declared that the detention of three potential victims of human trafficking in the Detained Fast Track breached Article 4 ECHR on the prohibition on slavery and exploited labour. This was the first time Article 4 has been found to be breached in an immigration detention context

R (Hart) v SSJ [2014] EWHC [2014] EWHC 3913
The High Court found that a decision to impose “safeguarding children measures,” which prevented a prisoner from having contact with his daughter, was unlawful. The case resulted in a series of successful challenges to the practice at HMP Whitemoor.

R (Idira) v SSHD [2014] EWHC 4299
Test case now before the Court of Appeal challenging the detention of immigration detainees in prison.

R on the application Francis v Secretary of State for the Home Department [2014] EWCA Civ 718.
Acted for the intervener Bail for Immigration Detainees in an important case concerning the Secretary of State’s immunity from false imprisonment claims by those recommended for deportation.

R on the application of Sino v The Secretary of State for the Home Department [2011] EWHC 2249
This judicial review challenged Claimant’s detention and the Court found that the entire period of detention of 4 years 11 months was unlawful from the outset. It is thought to be one of the longest periods of immigration detention in a non-national security context

R (AS) v The Secretary of State for the Home Department (CO/4723/2011)
This judicial review challenged the detention of AS, a woman with severe OCD in immigration detention. The claim settled before the substantive hearing with transfer to hospital under the Mental Health Act and release were achieved by way of interim relief.

R (Chen and Others) v Secretary of State for the Home Department (CO/1119/2013)
This judicial review claim challenged the legality of the practice of the use of force against children and pregnant women under immigration powers, in circumstances where no policy was in place. The Children’s Commissioner supported the claim as an interested party. The case resulted in the reinstatement of a former policy prohibiting the use of force against both groups save for where it is essential to prevent harm. Owing to the reinstatement of the policy, the claim settled prior to permission. The relevant orders and statement of the Home Office’s concessions and current policy position will be posted here soon.

R (ASK) v The Secretary of State for the Home Department and Others CO/9816/2013
The High Court ordered that an immigration detainee, ASK, who suffers from severe mental illness, be released on bail on 25 September 2013 unless he had by then been admitted to hospital under the Mental Health Act 1983.

Jane is a trustee of the Association of Visitors of Immigration Detention. As a trustee she participates in submissions and meetings concerning the welfare of immigration detainees such as to the Committee on the Prevention of Torture. She is also on the steering committee of the Inquest Lawyers Group, is a member of the Association of Prison Lawyers and Police Action Lawyers Group. She has with Medical Justice contributed submissions to the Committee on the Elimination of Discrimination Against Women concerning pregnant women in immigration detention and the government’s compliance with CEDAW.
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