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...... local solicitor ...... national reputation |
People
Partners
Lucy Scott-Moncrieff, Anthony Harbour
Staff
Rose Howe, Darryl Julien-Howe, Toni Wood
The hub of the firm is our office in Kentish Town. The office is managed by Rosemarrie Howe, who is the first point of contact for anyone ringing in. The office will give initial advice as to whether the firm is likely to be able to take on a case, and will ensure that all new callers are allocated to a caseworker in the appropriate unit.
Clients can also leave messages with the office, to be passed on to the person dealing with their case. However, many caseworkers also have their own office numbers on which clients can contact them directly.
Fee Earners
JONATHAN APFEL
Solicitor Consultant
I completed my training contract in July 2005 having worked predominantly in the Mental Health sector of a leading Leeds-based law firm. I had been interested in studying Mental Health Law for a considerable period of time before my training contract and I have found it to be a very interesting and, very often, a positively challenging area of Law. I recently became a solicitor consultant at Scott-Moncrieff, Harbour & Sinclair Solicitors having moved from Leeds to London. I have also recently been accepted to the Mental Health Review Tribunal Panel and represent patients at Tribunals and Hospital Managers Hearings detained under the Mental Health Act.
KRISTEN BENDER
Solicitor Consultant
Kristen obtained her BA from Michigan State University followed by her Juris Doctorate from the American University in Washington, DC. She first qualified as a lawyer in the United States in 1991.
In the US, Kristen worked for a federal judge in Washington, DC; as a Prosecutor trying serious criminal cases through investigation, grand jury procedure and jury trial to verdict; and as a Professor specialising in criminal advocacy, criminal justice public policy and human rights issues. She has tried over 100 cases to jury verdict.
Kristen re-located to Europe in 2000 working on several large-scale legal reform and rule of law projects primarily in Eastern Europe. She is particularly interested in the alignment of post-Soviet legal systems with human rights and adversarial systems of legal procedure and in the human rights implications of criminal justice structures and procedures.
In 2002, Kristen qualified as a Solicitor and was appointed Head of Department for the Human Rights and Prison Law Department for a large Northwest England law firm. She joined Scott-Moncrieff, Harbour & Sinclair as a Solicitor Consultant in November 2005.
Kristen’s practice consists primarily of advising life sentenced, extended licence and indeterminate prisoners. She is a frequent advocate before the Parole Board of England and Wales and has also appeared before the Scottish Parole Board. She is particularly interested in cases with human rights and international dimensions. Kristen consults for several other UK criminal practices and internationally and is an appointed representative to the Law Society’s International Law Committee.
ROSAMUNDE BENN
Solicitor Consultant
Rosamunde joins Scomo from the largest firm of criminal lawyers in the country, with a wealth of experience of mainstream crime and prisoner rights law.
Having been admitted as a Solicitor in 2005, Ros swiftly rose through the ranks to Duty Solicitor and then to department supervisor of Prisoner Rights at a regional office. Ros has for the last 2 years, focused her practice solely on prisoner rights issues, including: representation at hearings before the Parole Board, determinate and indeterminate sentenced prisoners issues; Licences and recall to prison; security re-categorisation; extended sentence issues and lifer issues. Ros is also happy to accept instructions regarding Prison Service and Independent Adjudications.
At the heart of Ros's qualities, is a straightforward, yet sympathetic approach to the issues raised by clients. Ros believes that the key part of any advice, assistance, or representation, is built upon uncompromising standards of case preparation and management, prompt action and maintaining communication with clients at every stage, in addition to managing a realistic expectation.
NANCY BIGGS
Solicitor Consultant
Nancy Biggs has been a solicitor since 1985 and joined the firm as a consultant in January 2000.
She specialises in public law Children Act cases and regularly appears in the High Court and elsewhere as an advocate. She also undertakes mental health review tribunal work. Together with Anthony Harbour, she supervises the firm's Family Law Unit. She is a long-standing member of two Law Society specialist panels - the Children Panel and the Mental Health Review Tribunal Panel and, on behalf of the Law Society, is an assessor of new applicants to both these panels.
EMILY BOLTON
Solicitor Consultant
Emily Bolton attended law school in New Orleans while working as a defence investigator on death penalty cases in the United States. When she graduated, Emily was awarded an Equal Justice Fellowship and later a Soros Advocacy Fellowship to establish Innocence Project New Orleans (IPNO) (www.ip-no.org), a non-profit law office providing legal representation to the wrongfully convicted. IPNO has so far reversed the convictions of 12 innocent prisoners.
Emily currently works as a freelance associate with the UK legal action charity Reprieve (www.reprieve.org.uk). As a part-time Solicitor Consultant at SCOMO, Emily focuses on cases where a prisoner wishes to challenge his or her conviction via an application to the Criminal Cases Review Commission (CCRC) (www.ccrc.gov.uk). Emily takes a fact-centred approach to reviewing cases for possible referral to the CCRC, including extensive document analysis, witness interviews, the re-evaluation of forensic evidence and crime scene review.
JACQUI BRIGGS
Solicitor Consultant
Jacqui Briggs LLB, qualified as a solicitor in 1986 practising predominantly as a criminal defence lawyer for 10 years. Was first introduced to mental health work in 1990 and later made this her preferred specialism, having been appointed to the Law Society Mental Health Panel in 1992. She was later appointed as a President of the Mental Health Review Tribunal in 2002. Her experience of forensic casework arises from Broadmoor clients and civil cases from local hospitals working mainly in the south. Having run her own practice for 10 years she recently joined the firm in October 2006.
ALISON CALLCOTT
Solicitor Consultant
Alison Callcott is based in Bristol. She qualified as a solicitor in 1987 and has specialised in mental health and criminal law ever since. She is a member of the Law Society’s Mental Health Panel and has sat as a part-time Mental Health Review Tribunal President since 2002. She taught advocacy at the University of Northumbria for many years. She has clients in both local and secure hospitals. Her commitment to representing clients disadvantaged by mental illness can be seen in her professional and compassionate approach.
MAVIS CAMPBELL
Solicitor Consultant
Mavis Campbell was admitted to as a Solicitor in July 2000. She specialises in Mental Health and Human Rights Law and the focus of her work is primarily restricted cases. She is an experienced Advocate and a member of the Law Society’s Mental Health Law Panel.
Prior to joining Scomo, she practised in a diverse range of social welfare law disciplines, including Immigration, Community Care, Housing and Crime. Thereafter she worked for several years as a Supervising Solicitor specialising in representing a large number of restricted mentally disordered offenders detained in various maximum and medium secure hospitals, in cases ranging from Tribunals to Judicial Review.
She has extensive experience in working across the legal and psychiatric disciplines, possessing a Psychology A Level then going on to work for 3 years within the Forensic Psychiatry Department at St. George’s Hospital Medical School. She is now a Lecturer on the Post-Graduate Multi-Disciplinary Diploma in Forensic Mental Health run by that university.
PETER CARLIN
Peter was admitted as a solicitor in 1975. He has been representing patients and their nearest relatives in Mental Health Review Tribunals since 1982. He represents restricted and non restricted patients and practises mainly in the East Midlands area. He also has considerable experience of Judicial Review in the High Court and of representing nearest relatives in displacement proceedings in the County Court.
Peter was appointed a part-time president of the Mental Health Review Tribunal in April 2004.
LUKE CLEMENTS
Solicitor Consultant
Luke Clements was admitted as a solicitor in 1981. He specialises in public law particularly community care and human rights, having taken many cases to the European Commission and Court of Human Rights.
Luke is a Professor at Cardiff Law School and Associate Fellow of the Department of Social Policy and Applied Social Studies at the University of Warwick. He is on the editorial committees of the European Human Rights Law Review (Sweet & Maxwell) and the Community Care Law Reports (Legal Action Group) as well as being a Board Member of the Mental Health Inititiative based in Budapest and on the legal Advisory Committee of the Mental Disability Advocacy Centre also based in Budapest.
Luke has drafted a number of Private Members Bills and 10 Minute Rule Bills including the Bills that became the Carers (Recognition and Services) Act 1995 and the Carers (Equal Opportunities) Act 2004.
Recent publications
- Disabled People and the Right to Life (2008) (jointly with Janet Read) Routledge, Oxford.
- Community Care & the Law London: (2007) (jointly with Pauline Thompson) Legal Action Group (951pp) 4th edn
- Carers and their Rights – the law relating to carers (2007) London, Carers UK
- NHS Continuing Care and independent living (2007) (jointly with Paul Bowen) in Community Care Law Reports 10 CCLR September 2007 343 - 351.
- Human Rights Act: A Success Story? (2005) (jointly with Phil Thomas) Journal of Law and Society (Special edition) Spring 2005
- The Millennium blip: local authority responses to the Human Rights Act 1998 (2004) in Halliday & Schmidt, (eds) Human Rights Brought Home: Socio-Legal Studies of Human Rights in the National Context. [Hart Publishing]
- 'The Dog that didn't bark' (2004) in Lawson & Gooding, (eds) Disability Rights in Europe: From Theory to Practice. [Hart Publishing]
- Disabled People and European Human Rights (2003) [Policy Press]
Notable cases
- Smith v UK (1991) 14455/88: European Commission of Human Rights: A case concerning the rights of UK Gypsies
- R v Bexley LBC ex p B (1995) 3 CCLR 15: a case concerning the rights of disabled children to care services
- SP, DP & T v UK (1996) [1996] EHRLR 526: European Commission of Human Rights: A case concerning the rights of young children in municipal care
- MacGregor v UK (1997) 30548/96: European Commission of Human Rights: A case concerning sex and disability related discrimination
- Buckley v UK (1997) 23 EHRR 101: European Court of Human Rights: The first Roma case to be herd by the Strasbourg Court
- R v Powys County Council, ex p Hambidge (No.1) [1998] 1 FLR 643 Court of Appeal: a case concerning the legality of charging disabled people for home care services
- R v Brighton & Hove Council, ex p Marmont [1998] Times, January 15: a case concerning the rights of Travelling people to stopping places
- Scott v UK (2000) [2000] 1 FLR 958: European Court of Human Rights: A case concerning the rights of parents of children in municipal care
- R v Powys County Council, ex p Hambidge (No.2) (2000) (2000) 54 BMLR 133 Court of Appeal: a case concerning the Disability Discrimination Act 1995 and the rights of disabled people to community care services
ANTHONY COLE
Solicitor Consultant
Anthony Cole heads the Personal Injury Unit. Anthony has specialised in personal injury litigation since qualifying as a solicitor 8 years ago. He is a member of the Association of Personal Injury Lawyers. Over the years he has recovered many thousands of pounds in compensation for accident victims, and has been involved in a number of high profile group actions. He was part of a team of lawyers representing children damaged by the MMR vaccine, and also Gulf War veterans and for patients wrongly given LSD in the 1960s.
PETER CORNISH
Non-Solicitor Consultant
Peter is part of our Personal Injury Unit and has worked as a Personal Injury Lawyer for 25 years, he works from a home base in Greater London.
Peter joined the firm in July 2005 to deal with all types of P.I. work including Asbestos disease, workplace accidents and RTA claims.
He has a vast experience of Union based work and has acted for members belonging to NUM, AMICUS, MSF, UCATT and UNISON during his time in the law.
Peter has settled in excess of 3000 claims covering all aspects of P.I. Law, these have included Mesothelioma cases, Paraplegic injuries, Industrial Asthma claims and Infant settlements.
Peter now specialises in Conditional Fee work commonly known as “No Win No Fee”, and is happy to provide an initial assessment by telephone to establish whether or not anyone making an enquiry has a potential claim.
DAVID EDWARDS
Trainee Solicitor
Joined the firm in January 2006 as a Trainee Solicitor, having previously worked for Danielle Cohen as a Paralegal/Legal Secretary.
He is currently undertaking Mental Health casework and enjoys working as part of a team. He looks forward to undertaking his own advocacy on behalf of clients, and to qualifying for the Mental Health Review Panel later this year. He has previously completed a seat in our immigration department and will be undertaking a further seat in the family unit this year.
CAROL FAULKNER
Legal Assistant
I joined the firm in early 2008 following a long career advising on legal and technical aspects of indirect tax. I qualified in VLT (VAT Legal and Technical) in 2003 and became an AIIT (Associate of the Institute of Indirect Taxation) in 2006. However there is only a certain amount of tax a person can take and I decided to take a complete departure from this field and try a new challenge. I am currently working under the supervision of Tracy Greaves, who is a very experienced Prison Law Advisor and I aspire to be as knowledgable as she is very soon. I am enjoying my work and my clients seem to be pleased with it .... so far so good. I'll update when I have completed my training.
RIKKI GARG
Non-Solicitor Consultant
Rikki Garg is a specialist prison and mental health law consultant with the firm. He has been appointed to the Law Society's Mental Health Review Tribunal Panel. Rikki is the joint department supervisor of the Prison Law Department, having met the Prison Law Supervisor requirements of the Legal Services Commission.
Rikki has developed a specialist niche practice in Prison and Mental Health Law. Rikki has been in practice from 1992, initially as a criminal lawyer and an accredited representative before focussing on the rights of detained people. He has represented clients throughout the country before the Parole Board Panel and the Mental Health Review Tribunal. He is a founding member of the Prisoners' Advice Group and currently is a committee member of the Prisoners Advice Service. He is a former committee member of the Mental Health Lawyers Association.
Rikki has lectured in prison law for the London Criminal Courts Solicitors' Association and Crimeline solicitors and in mental health law for the Mental Health Lawyers' Association.
Rikki has been involved in a number of Public cases for Prison and Mental Health Clients including:
- SSHD v MHRT & BR[2005] EWCA Civ 1616
- SSHD v MHRT & BR[2005] EWHC 2468 (Admin)
- R(Wyles) v Parole Board[2006] EWHC 493 (Admin)
- R (Mills) v (1)Home Secretary (2) Parole Board [2005] EWHC 2508 (admin)
He is also representing the prisoners challenging the lawfulness of the "Slopping Out" regime HMP Albany.
Rikki has written articles on Prison Law for the Inside Times (see our publications).
TRACY GREAVES
Legal Assistant (Non-Solicitor)
I joined the firm just over 12 months ago after previously working for a Criminal Practice in Manchester in their Prison Law Department for approximately 4 years. I have previously undertaken a large amount of voluntary work for POPS (Partners of black prisoners support group) based in Manchester and have also assisted Action for Prisoners' Families in compiling a booklet advising of general legal matters.
ANTHONY HARBOUR
Partner
Anthony Harbour is a solicitor. He specialises in Children's Law and with Nancy Biggs, manages the firm's Family Law Unit, which deals with Public Law Children Act cases. He is a member of the Law Society's Children's Panel. Anthony also lectures in health and social service law. He is regularly commissioned by a wide number of statutory authorities to provide training to health and social service professionals, in particular child psychiatrists and ASWs. Anthony also sits as a MHRT President and is a full member of the Family Health Service Appeal authority. He advises statutory and voluntary organisations about specific areas of health and social service law.
BILL JACKSON
Non-Solicitor Consultant
Bill Jackson has been working with mentally disordered patients since qualifying as a social worker in 1987. He worked in the Maudsley Hospital, and then in Broadmoor High Secure Hospital until 2000. While working for the NHS he qualified as a member of the Mental Health Review Tribunal panel, was responsible for the Mentally Disordered Offenders module of a postgraduate MSc course for the Institute of Criminal Justice Studies, and ran a training organisation for social supervisors. In 2000, he moved to full-time legal representation. He has a special interest in residential resources for newly discharged forensic patients.
EMMA JOHNSON
Non-Solicitor Consultant
My background training and qualifications are in psychology/psychotherapy. I joined the firm in 1995 as Lucy Scott-Moncrieff's Assistant. I have continued to assist Lucy and also have my own case load dealing mainly with the representation of Broadmoor patients and particular involvement with the preparation of MHRT cases. My additional interests are in referrals to personal injury specialists following abuse in children's homes and in the preparation of CCRC Appeals.
SARAH JOHNSTON
Solicitor Consultant
Sarah Johnston LLB, LLM (Lond.) qualified as a barrister and solicitor in New Zealand in 1989. She worked in family and criminal law before leaving New Zealand. From 1994 until 1996 she worked in Thailand for a human rights organisation before coming to the UK in 1997. She has worked in mental health since that time, representing clients detained in hospital at MHRT and also in Judicial Review proceedings. She was one of the solicitors instructed in the delay cases KBE and Ors. v. Mental Health Review Tribunal 2003.
HELEN JONES
Solicitor Consultant
Helen Jones is a member of the Public Law Unit. She has a background in prison law and her current interest is in public law relating to care in the community and the resettlement of vulnerable serving prisoners seeking release, e.g. the elderly, the physically- and the mentally-disabled. She also undertakes other public law cases in the fields of prison law, mental health or care in the community and works conjunction with Mitchell Woolf, the unit supervisor, on cases concerning the rights of vulnerable children. She is at present the chair of the Prisoners' Advice Service, a not-for-profit organisation providing advice and legal help to serving prisoners.
GEOFF LAKER
Non-Solicitor Consultant
Geoff works from a base in Kent and is a member of the Personal Injury team. He has specialised in this field for over 30 years and clients include both claimants and insurers. His experience extends from minor to catastrophic injuries, fatal accidents, a wide variety of industrial diseases and claims involving brain damage. He commonly handles claims with complex liability and medical issues.
PATRICIA LAWRENCE
Non-Solicitor Consultant
Patricia was called to the Bar in 2000 at Lincoln's Inn following a Masters Degree (with distinction) in Law. A first career in the Health Service has provided a wide range of experience in both the public and private sectors. She joined Scott-Moncrieff, Harbour & Sinclair Solicitors in 2003 and has been a member of the Law Society's Mental Health Review Tribunal Panel since 2002. She has experience of representing people both in secure hospitals and the community in the south of England. She was instructed in the case of R(on the application of G) v Mental Health Review Tribunal 2004 on the issue of deprivation of liberty.
JOANNA LOVELOCK
Non-Solicitor Consultant
Joanna joined the firm in July 2007 and currently works within our Prison Law Team. Joanna worked for a firm of solicitors for 18 years starting off as an Office Junior progressing up to a consultant.
Glyn Maddocks
Solicitor Consultant
Glyn Maddocks is a specialist criminal appeal/miscarriage of justice lawyer who is based in South Wales but who acts for clients throughout the UK.
Over the last 15 years he has developed considerable expertise in dealing with complex Appeal cases and has represented a number of clients who have had their convictions in some cases for the most serious of crimes referred to the Appeal Court by the Criminal Cases Review Commission (CCRC) and before that by the Home Office.
In 2005 he represented Paul Blackburn whose conviction for attempted murder was quashed by the Court after he had spent nearly 25 years from the age of 15 protesting his innocence.
His other notable cases have been R v Kamara (2001) R v Frost ( 2003 ) R v Stock (1995) and (2004). At present he is representing a client in the first case where the CCRC has decided to refer a case back to The Court of Appeal for the second time. He is also acting for a father found guilty of murder having apparently of shaken his 10-day old baby to death. This appeal came about following a review of a number of historic 'shaking baby' convictions by the Attorney General which identified some shortcomings in the way in which expert evidence had been provided in the Crown Court.
For his work on miscarriage of justice cases many of which he has dealt with on a pro bono basis Glyn Maddocks was named Welsh Lawyer of the Year in 2005. In addition to his CCRC and miscarriage of justice work, Glyn Maddocks deals with:
- Claims for compensation following a conviction being quashed
- Claims against the police for malicious prosecution and false imprisonment
- Claims involving deaths in custody or fatal accidents including representing families at Inquests following such events
- Claims against the police for malicious prosecution and false imprisonment
MORAG McNIVEN
Legal Assistant
Morag has been working as Bill Jackson's assistant in the Mental Health Unit since 2006 while building up her own case load.
She retrained, taking an Open University LLB, after a career in journalism and the trade union sector. She now represents clients on civil and criminal sections and has particular interest in women in the mental health services.
Most of her clients are in Broadmoor or the Women's Unit in St Andrews, Northampton. Morag also works occasionally for the 999 Club, a south London charity working with the mentally vulnerable, addicted and homeless.
CHRIS MOULD
Legal Assistant (Non-Solicitor)
RACHEL MOULD
Legal Assistant (Non-Solicitor)
Chris joined the firm 2˝ years ago, and Rachel 18 months ago.
Both practise purely in Prison Law, dealing with lifers and determinate sentence prisoners alike.
Chris and Rachel specialise in Mandatory/Discretionary Lifer Panels, (Oral Hearings) in addition to Independent Adjudications, Paper reviews and tariff setting representations.
Being based centrally allows us to visit clients all over the country.
AMANDA PAGE
Non-Solicitor Consultant
Amanda joined the firm in September 2007, and currently works within our Prison Law Team.
JANE PAGE
Non-Solicitor Consultant
I am a Member of the Institute of Legal Executives and have a thorough background in criminal defence work, having worked for criminal-based firms since the 1980s. I became an accredited Police Station Representative in 1993 and have worked on all manner of cases including numerous murder investigations.
I branched out into Prison Law in 1992 when the law changed and prisoners, especially those serving life sentences, gradually acquired more rights. I have worked almost exclusively in that area since then and have been an active member of the Prisoners Legal Rights Group since the early 90s. In 1998 I was invited to join the Oral Hearings User Group which was set up to bring together opinions from the Home Office, Parole Board and Legal Representatives along with other agencies. I was requested by the Home Office to lecture at the Lifer Forum in 2003 to give a perspective from those who represent prisoners.
Although dealing with all nature of prison law issues, I specialise in working with life sentenced prisoners and conducting oral hearings before the Parole Board.
I joined Scott-Moncrieff Harbour & Sinclair in August 2000 as an independent Prison Law Consultant and am currently a Department Supervisor. During this time I have worked with the Legal Services Commission to solve problems with funding for prisoners rights cases and am hopeful that this work will bring about much needed changes in the way funding is approved for prison rights issues.
DAVID PARKER
Legal Executive
David Parker joined Scott-Moncrieff, Harbour & Sinclair in February 2008. David qualified as a Legal Executive in 2002 and was admitted as a Fellow of the Institute in 2004.
Following David's graduation from DeMontfort Law School with a Professional Graduate Diploma in Law in 2007, he attends a part-time Legal Practice Course and will complete the transition to solicitor in 2009. He has been accredited to advise those in police custody since 1998.
David was previously deputy supervisor of the largest provider of publicly funded work of a prison law nature in the Midlands. He is an experienced advocate before the Parole Board and prepares many cases for Judicial Review.
David is a member of the Prisoner's Legal Rights Group. Notable cases have included some that have attracted intense media attention and contested non-disclosure issues.
MERYLL PATERSON
Solicitor Consultant
I qualified in April 2001 and have since 1999 worked predominantly for those who have mental health problems. Prior to joining the firm in April 2003 I represented those with mental health problems in family and housing matters. I am a member of the Law Society's Mental Health Review Tribunal Panel and represent clients detained in hospital at Tribunals and Judicial Review Proceedings. I represent patients who are detained under both criminal and civil sections detained in hospitals in the South.
Richard Payne
Richard is based in Cardiff, holds a Law degree and M (Phil) from Southampton University, and qualified as a solicitor in 1992. He has been a member of the Law Society’s MHRT Panel since 1994 and ran his own predominantly legal aid firm for 12 years until 2007. He has previous experience in a number of areas of law, including as a criminal lawyer and duty solicitor, in immigration and asylum, and in civil actions against the police. Richard now specialises in mental health, housing and community care law and remains committed to representing legally aided clients.
Richard was a founder member of the housing duty rota scheme in the Cardiff County Court and has extensive experience of advising and representing housing associations as well as tenants, particularly in anti-social behaviour cases. A Higher Rights advocate in the Civil courts, Richard was appointed as a part time legal member of the Residential Property Tribunal for Wales in 2008.
DAVID POOLE
David Poole is a solicitor who qualified in 1995 and heads the firm’s Military Claims Unit. He acts not only for service personnel and their dependants in clinical negligence, personal injury, employment and public law claims against the Ministry of Defence or other opponents, but also for civilians in these areas of law. He represents clients based in the UK and overseas.
David is a Member of The Royal British Legion Solicitors Group and a Fellow of The Royal Society of Medicine. He is always willing to speak to enquirers on a no-obligation basis free of charge.
DEBBORAH POSTGATE
Solicitor Consultant
Deborah Postgate has been qualified as a solicitor since 1981 and has been working in the field of mental health law for at least 15 years. She has extensive experience of advocacy both in Tribunals and in the criminal courts. She is the co-author of a guide for lawyers representing mentally ill defendants in the Magistrates courts, which is required reading for Court Duty Solicitors. She has sat as a part-time Mental Health Review Tribunal President since 2000 and has experience of training lawyers and other professionals. In her work she tries to balance a friendly relationship with her clients with the efficiency and professionalism. She has clients in a wide range of hospitals, from local acute units to Broadmoor.
BETH PRINCE
Solicitor Consultant
Beth Prince joined Anthony Harbour and Nancy Biggs as a supervisor in the Family Unit in 2004. She has been a solicitor since 1981 and a member of the Law Society Children Panel since 1989.
Beth Prince represents children and parents in care and adoption cases. She is an experienced advocate in the High Court and other family courts. She is on the committee of the Association of Lawyers for Children.
MARY PURCELL
Non-Solicitor Consultant
I joined a solicitors' firm in 1989. In 1993 I was appointed to the Law Society's Mental Health Review Tribunal Panel. In 1995, I began representing life-sentenced prisoners at Parole Board hearings. I was a member of the Mental Health Act Commission, 1995-2000. I joined the firm in 2000 and I am a member of our mental health and prison law units. I have acted in the Criminal Court of Appeal, twice obtaining Hospital Orders in place of mandatory life sentences. I have had cases reported in the Civil Court of Appeal and in the Administrative Court. I have achieved Absolute and Conditional Discharges from Broadmoor and I have acted for patients in all three high secure hospitals.
Notable cases
- R v North West London Mental Health NHS Trust ex p Stewart [1998] Q.B.628. The Court of Appeal upheld the lawfulness of detaining a recalled Conditionally Discharged restricted patient under a civil section.
- R v The Secretary of State for the Home Department, ex p James Harry [1998] 3 All E.R. 360. This case successfully challenged the secret process of the Advisory Board on Restricted Patients
- R v Mental Health Review Tribunal for the South Thames Region, ex p Smith [1999] C.O.D.148. The issue was whether the term "nature and degree" contained in section 72 was disjunctive or "inevitably bound up so that it matters not whether the issue is dealt with under nature or degree."
- R (on the application of C) v Secretary of State for the Home Department [2002] EWCA Civ 647. When the Tribunal for this restricted patient granted him a deferred Conditional discharge, the Home Office referred his case to a fresh Tribunal. The Court of Appeal upheld C's Challenge that their action was unlawful.
- Regina v Smith [2002]
Referral of the case of CS to the Criminal Cases Review Commission who in turn referred the case on to the Criminal Court of Appeal.
The defendant had been convicted in 1977 of murder for which he received a life sentence. Whilst serving his sentence in 1977 he killed his cell mate. He was convicted of manslaughter on grounds of diminished responsibility and received a Hospital Order under the Mental Health Act Sections 37/41, with a Mental Health Act category of psychopathic disorder. We argued that if the court accepted in 1980 that there was compelling evidence of psychopathic disorder, this life-long condition, which typically develops in childhood, must have been present at the time of the earlier homicide. We produced evidence in support. The Court of Appeal agreed and quashed the original conviction for murder, substituting a conviction of manslaughter by reason of diminished responsibility and a Hospital Order under sections 37/41.
We had previously applied to the Home Secretary for the grant of Technical Lifer Status. This special status is granted at the discretion of the Home Secretary in exceptional circumstances. Initially, the Home Secretary refused our application. We challenged him in the High Court. In a Consent Order drafted after a full hearing of the case, the Home Secretary agreed to reconsider. Technical Lifer Status was duly granted on review. The submissions made formed the basis of the subsequent application to the Criminal Cases Review Commission.
The benefit for the defendant is that instead of being released on life licence and subject to recall, he has the opportunity to apply to the Mental Health Review Tribunal for an absolute discharge which means that he will be free from any form of supervision or risk of recall.
This was the founding case for higher Criminal Cases Review Commission Unit, set up with the support of the Legal Services Commission in 2000 to take the cases of prisoners transferred to hospital where there is evidence of an earlier miscarriage of justice.
JEROME RAMPERSAD
Legal Assistant
Jerome's academic achievements include a Bachelor of laws LL B, a postgraduate diploma in international relations, an LL M Masters degree in international criminal justice and human rights and completion of a student training programme at the United Nations headquarters in Geneva.
Jerome started his career working on death penalty cases in Trinidad at the Human Rights Unit. His experience covers death row appeals to the Privy Council, reporting on compliance with international protocols and covenants and working to improve the conditions of prisoners. Jerome has also worked with at risk, homeless young people and refugees as well as improving the conditions for trainee doctors at training centres in the UK and internationally.
TIM REEVES
Solicitor Consultant
I have spent 30 years as a Solicitor Advocate including representing clients in the Magistrates Court, Family Proceedings Court and County Court (Care Proceedings): and patients at Mental Health Review Tribunals and Manager's Meetings. I have worked both as an employee and also had my own practise in Plymouth.
Latterly, I have worked and lived in Exeter dealing, initially, with some childcare, and throughout, with Restricted and Unrestricted Mental Health Review Tribunals over a wide area and Criminal Defence largely in Exeter.
I feel that this long and wide experience has enabled me to combine working with competence, integrity, humour and compassion for a varied, and often troubled, client base.
I have been working as a Mental Health Review Tribunal Consultant from Exeter with this Firm since June 2004.
Law Society Panel Memberships:
- Mental Health Review Tribunal Panel - for just over 3 years
- Duty Solicitor Panel - for many years, since it began!
ANDY ROBERTS
Trainee Legal Assistant (Non-Solicitor)
Andy graduated as an LL.B. at Liverpool University in 1968. This came far too late to rescue him from being a professional musician for the next 39 years, during which time he was a performer, session guitarist, and a composer for theatre, TV and film.
In 2007, Andy returned to the law as a Trainee Assistant in Prison Law at Scott-Moncrieff Harbour & Sinclair, under the instruction of his supervisor, Rikki Garg.
Robert Robinson
Solicitor Consultant
I qualified as a solicitor in 1988. In 1993 I joined the firm as a consultant. My practice has included both mental health review tribunal representation and mental incapacity cases, including the Bournewood case which was heard by the House of Lords in 1998 and by the European Court of Human Rights in 2003.
In 1995 I joined the Mental Health Act Commission as a legal member and in 1999 I was appointed as a part-time legal member of the Mental Health Review Tribunal.
I regularly provide training in mental health law to lawyers, approved social workers and section 12 approved doctors. I write a six-monthly Mental Health law update for Legal Action magazine.
I have chaired three independent inquiries into homicides committed by people with mental health problems.
Notable cases
- In a landmark ruling given on 5th October 2004 the European Court of Human Rights held that the admission under common law of an autistic man, referred to as H.L., to a Surrey hospital managed by Bournewood NHS Trust was in breach of his rights under Article 5 of the European Convention on Human Rights. The case, in which Robert Robinson represented H.L., has implications for other people who lack mental capacity to consent to medical treatment. Following the ruling, if psychiatric hospital admission deprives such a person of their liberty they are entitled to the same legal safeguards as people formally detained ("sectioned") under the Mental Health Act.
Read the judgment itself at the European Court of Human Rights Portal
Find more documents concerning this case on the Publications page.
Press coverage:
- The Guardian: "Autistic man wins damages for being held in hospital"
- The Independent: "50,000 psychiatric cases may face review after court ruling"
- The Times: "Plight of patients who are denied their rights"
NIKKI SCHEINER
Non-Solicitor Consultant
Nikki joined this firm in October 2006, she currently works within our Mental Health Team, dealing with clients who have been detained under the Mental Health Act in secure and non-secure hospitals on a day-to-day basis.
LUCY SCOTT-MONCRIEFF
Partner
Lucy Scott-Moncrieff has been a legal aid solicitor since she qualified in 1978. She initially practised as a Criminal Defence lawyer, but since 1987 she has specialised in mental health law, and more recently in human rights law.
For many years she has been identified as a leader in the field of Mental Health Law in Chambers Directory, and she is identified as a leading human rights lawyer in the Legal 500 Directory. Lucy earns accolades for her appreciation of the bigger picture. Particularly noted for her work on behalf of Broadmoor patients, she has been involved in cases that have significantly expanded the rights of restricted patients. She is particularly chuffed to have been the solicitor in the first case that resulted in a declaration of incompatibility under the Human Rights Act 1998, which led to the first remedial order under the HRA (which replaced the requirement that detained patients prove that they were entitled to be discharged with a requirement that hospitals prove that the patient still needs to be detained). She provides mental health law advice to other solicitors. Commentators report there are "no weaknesses" in her knowledge of mental health issues. She was awarded the accolade of Mental Health Legal Aid Lawyer of the Year in the 2005 LALY awards.
Lucy sits as a legal president of the Mental Health Review Tribunal. She is currently chairing a statutory homicide review which is due to report this year.
She is one of the Council Members for the West London Constituency of the Law Society, to which she was elected in 2002. She has been a member of the Law Society's Mental Health and Disability Committee for over 20 years, and has also chaired the Committee. She is currently the Chair of the Law Society's Access to Justice Committee, which advises the Law Society on all matters to do with Legal Aid, and is also a member of the Society’s Regulatory Affairs Board and the Education and Training Committee. She is a Law Society nominee on a number of LSC committees where she works to ensure that the interests of individual firms, and the legal aid profession as a whole, are given proper consideration.
Lucy has been involved in legal education for many years, training solicitors and others who wish to join the Law Society's Mental Health Review Tribunal Panel (of which she is a member) and she is also a member of the Advisory Boards of the College of Law at Store Street and the Pro-Bono Clinic of the College.
Since April 2005 she has been one of two solicitors members of the QC Appointments Panel.
She is a member of the editorial boards of the Community Care Law Reports and the Journal of Mental Health Law. She writes on her areas of interest and has been interviewed for radio and television as well as for newspaper and magazine articles.
Previously she has been a Mental Health Act Commissioner, an honorary lecturer in Law at the University of Kent at Canterbury and an elected member of the management committee of the Legal Action Group.
Lucy is the managing partner of Scott-Moncrieff Harbour & Sinclair.
Recent publications
See Publications page
Notable cases
- B v Croydon Health Authority [1995] Fam.133 (consent to treatment)
- B v Mental Health Review Tribunal [2002] EWHC 1553 (entitlement to discharge)
- Re C [1994] 2 S.C.R.1 151 (refusal of medical treatment)
- JT v United Kingdom (26494/95) [2000] 1F.L.R. 909 ( right to a private life)
- R v Anglia & Oxfordshire Mental Health Review Tribunal Ex parte Hagan [2000] Lloyd's Rep. Ned. 119 (classification of detained patient)
- R v Broadmoor Special Hospital Authority and the Secretary of State for the Department of Health Ex parte S, H & D [1998] C.O.D 199 (random body searches of patients)
- R v Ealing District Health Authority Ex parte Fox [1993] 1W.L.R. 373 ( right to aftercare)
- R v Hallstrom Ex parte W [No. 2], R v Gardner Ex Parte L [1986] Q.B. 1090 (limitations on the right to detain)
- R v London South & South West Regional Mental Health Review Tribunal Ex parte Moyle [2000] Lloyd's Rep. 143 (discharge criteria)
- R v Managers of Warlingham Park Hospital Ex parte B [1992] 22 B.M.L.R. 1 (renewal of detention)
- R v Mental Health Review Tribunal Ex parte Secretary of State for the Home Department, The Times March 25th 1987 (adjournment for a non statutory purpose)
- R v Secretary of State for the Home Department Ex parte H (No. 1) [1995] Q.B 43 (rights of prisoners transferred to hospital)
- R v Secretary of State for the Home Department Ex parte Pilditch [1994] C.O.D 352 (Home Office's technical lifer policy)
- R v Secretary of State for the Home Department Ex parte Stroud [1993] C.O.D 75 (Home Office technical lifer policy)
- R v Secretary of State for the Home Department Ex parte Williams unreported June 1st 1994 (Home Office technical lifer policy)
- R (on the application of B) v East London & The City Mental Health NHS Trust [2001] EWCA civ 239 (detention of patient recently discharged by the Mental Health Review Tribunal)
- R (on the application of F) v Oxfordshire Mental Health Care NHS Trust [2001] EWHC Admin 535 (funding of a patient transferred from a special hospital)
- R (on the application of H) v Mental Health Review Tribunal for North and East London Region [2002] EWHC Admin. 1522 (the criteria for discharge from detention under the Mental Health Act)
- R (on the application of K) v Mental Health Review Tribunal [2002] EWHC 639 (compensation for delay in listing a tribunal hearing)
- R (on the application of RA) v Secretary of State for the Home Department [2002] EWHC 1618 (compensation for unreasonable delay in making arrangements for discharge)
- R (on the application of the Secretary of State for the Home Department) v Mental Health Review Tribunal [2002] EWHC Admin. 1128 (circumstances in which a restricted patient may be conditionally discharged)
- R (on the application of Wilkinson) v Broadmoor Hospital [2001] EWCA civ. 1545 (circumstances in which compulsory treatment can be given to a detained patient)
- South-West London and St Georges Mental Health NHS Trust v W [2002] EWHC Admin. 1770 (definition of treatability)
- Benjamin & Wilson v United Kingdom app. No. 28212/85, EUR.Conn.H.R (breach of the European Convention right to liberty)
CORINNE SINGER
Solicitor Consultant
A solicitor practising in both mental health law and family and children law for nearly 10 years, Corinne is a member of the Law Society Mental Health panel and the Law Society Family Law Panel. She started sitting as a part-time President of Mental Health Review Tribunals in March 2003. She represents both restricted and non-restricted clients and has extensive experience of both as well as experience of successfully pursuing Judicial Review and Habeas Corpus cases for her clients. She works in the London and Greater London area.
DEBORAH SMITH
Non-Solicitor Consultant
Deborah E.M. Smith has been a consultant to the firm since January 2003.
She has formerly worked in legal aid practice, as a legal adviser to "Release" and for the National Union of Teachers as Principal Officer in their legal and professional services department.
She has a law degree with honours from the University of Warwick and has studied for a M.Phil at the University of East Anglia. Her thesis was converted to a doctorate which she is currently completing.
She has a particular interest in training and has devised and implemented programmes on equal opportunities and the law for the N.U.T. and, outside that organisation, for a number of Local Authorities and for universities including Exeter and, Goldsmiths College, London. She has successfully taken cases on behalf of those affected by sex and race discrimination and those seeking equal pay and has advised generally on fair and equal appointment and promotion procedures.
For some years she wrote the "Lex Legis" column for the magazine "Business Education Today" and she has contributed to the Croner Manual "The Teacher and the Law".
Her experience on the management committees of various voluntary organisations has developed her understanding of disadvantaged groups.
Currently, she specialises in the representation of those disadvantaged through mental illness, mental incapacity and mental disorder. She has developed a particular interest in patients also affected by autism (notably Asperger's Syndrome) and in those detained in high-security hospitals.
Deborah's commitment to the firm is founded on his leadership and professionalism and the outstanding teamwork that follows and characterises its particular way of functioning.
IRČNE SOLOMON
Trainee Solicitor
Irčne graduated with a first class LLB (Hons) from Birkbeck College (The University of London) in 2006. She completed the Legal Practice Course (Public Legal Services Route) at the College of Law the following year with commendation. She joined the firm as a trainee solicitor in September 2007.
Irčne’s interests lie in human rights and particularly in the interplay between detention and the power of the State. She has pursued her interests by volunteering with Liberty and Mind, gaining experience in a range of areas such as mental health, housing and welfare benefits.
Irčne is currently enjoying her first seat in the prison law department, which provides a high level of client contact and case load. She is hoping to represent clients at Parole Board hearings soon. She is looking forward to her next seats in Public Law and Mental Health later on this year.
PETER STOREY
Peter Storey is based in Brighton and Essex. He has a law degree with honours from the Open University and is a member of the Law Society's Mental Health Review Tribunal panel. He is also a registered mental health nurse (RMN) and has had experience of working on acute wards in an inner city setting.
Until the late 1990s Peter worked in a commercial role within the horticultural industry, as well as undertaking voluntary work with MIND.
ANNA TURNBULL-WALKER
Solicitor Consultant
Anna joined this firm in October 2006, she currently works within our Mental Health Team, dealing with clients who have been detained under the Mental Health Act in secure and non-secure hospitals on a day-to-day basis.
LISA VAUGHAN
Solicitor Consultant
Lisa Vaughan, is a qualified Solicitor who joined the firm in January 2004 after moving South from the Northwest.
Lisa specialises predominantly in Mental Health Law and is a member of the Mental Health Review Tribunal Panel. She undertakes mainly Tribunal Work for clients who are detained under civil or restricted sections in a
variety of units from open acute wards to high secure settings and works
with clients in both Ashworth and Broadmoor Hospital.
Lisa also has experience in public law, particularly community care and retains a small number of cases. Prior to her specialising in Mental
Health Law Lisa was a successful family solicitor, undertaking cases on a
legally aided and private basis.
After taking her degree course as a mature student, Lisa qualified as a solicitor in 1997. Prior to this she worked in Europe for many years for a non-profit making charitable organisation, before returning to England to work for the National Health Service negotiating appropriate placements and services for people with mental and physical difficulties who were leaving long stay hospitals to return to live in the community.
COLIN VIVIAN
Non Solicitor Consultant
Colin Vivian has over 25 years experience in Personal Injury Litigation. Most of that experience has been gained whilst working for Solicitors acting for Trade Union members who have been injured during the course of their employment. He has worked with most of the major Trade Unions and his experience of different types of accident is wide ranging from simple lifting cases and slips and trips to detailed investigation of Deafness claims and claims related to exposure to asbestos and other injurious substances. He has also had considerable experience in Road Traffic Accidents and cases involving Local Authorities in matters where clients have been injured on the Public Highway.
CHARLIE WOODS
Solicitor Consultant
Charlie is a qualified solicitor, specialising in mental health law and is a member of the Law Society’s Mental Health panel. He has experience in representing patients detained under the Mental Heath Act as well as patients detained under the Mental Health Act following criminal proceedings. He also practises in the area of Public Law, undertaking judicial review proceedings in the High Court. Additionally he has worked as a housing solicitor, representing tenants only. Before entering law, Charlie was a senior social worker in several inner London boroughs working with children and families. Charlie believes in a very client-focused approach and his clients appreciate his approachable manner.
MITCHELL WOOLF
Solicitor Consultant
Mitchell Woolf is a solicitor specialising in human rights law and, in particular, the rights of the child. He brings public law challenges against decisions, actions or inaction of state bodies such as local authorities, health trusts and government departments. In addition to his work at the firm, Mitchell lectures at Queen Mary, University of London and has various publications relating to human rights and child rights. He is a research associate at the Programme on the International Rights of the Child and is on the Howard League Youth Justice Working Group.
Authored Titles:
- Challenging Impunity for Torture, A manual for bringing criminal and civil proceedings for torture committed abroad (REDRESS, 2000).
- Human Rights Act Toolkit (with J. Watson, LAG, 2003)
- Chapter on ‘Taking a Case to Strasbourg’ in K. Starmer, European Human Rights Law, (LAG, 1999), as well as researcher for the book.
- Contributor to J. Simor & B. Emerson, Human Rights Practice (Sweet and Maxwell, 2000)
- Chapter on ‘The Right to Silence’ with K. Starmer in C. Walker & K. Starmer (eds.) Miscarriages of Justice, (Blackstone Press, 1999).
- Chapter on Civil and Political Rights in Democratic Audit publication (D. Beetham et.al (eds) Democracy Under Blair (2002, Politico’s)
- ‘Coming of Age? The Principle of the Best Interests of the Child’ (2003) EHRLR 207
- “Seen but Still not Heard: The Right of the Child to Participation” in Child Participation: Challenges of Empowerment 9 World Vision Spring, 2000.