Career
Donnchadh practises in judicial review across all areas of public law, human rights, and civil claims against public authorities. He is regularly instructed in strategic litigation challenges on behalf of individuals and NGOs and has appeared before the Court of Appeal as junior counsel in cases concerning children’s rights and discrimination law.
Donnchadh is ranked in both Legal 500 and Chambers and Partners in his practice areas: Administrative & Public Law, Civil Liberties & Human Rights and Community Care. He was nominated for public law junior of the year at the Legal 500 Bar Awards 2023.
Alongside his public law practice, Donnchadh acts in civil claims against public authorities, challenges to unlawful detention and advises organisations on the Equality Act 2010. His civil claim practice covers a broad spectrum of issues including claims for damages under the Human Rights Act 1998, negligence claims relating to care proceedings and claims arising from misuse of private information and breach of Data Protection Act 2018 and UK GDPR.
He has particular expertise in migrants’ rights, regularly acting in civil claims and judicial reviews relating to age assessments, asylum support, and support for victims of trafficking in urgent and complex cases. He also has a strong practice in challenging the increasing use of surveillance technology on migrants, including GPS tagging.
Examples of his recent work includes:
R (CX1 & ors) v Secretary of State for Defence [2023] EWHC 284 (Admin) – challenge on behalf of eight former BBC journalists in Afghanistan against the refusal of their application for relocation under the Afghan Relocation and Assistance Policy (ARAP). He is instructed in similar ongoing challenges on behalf of other individuals who are seeking relocation under ARAP.
R (GR) v Croydon LBC [2023] UKAITUR JR2022LON1513 – successful challenge to age assessment conducted by Home Office’s Pilot National Age Assessment Team.
R (AM) v Secretary of State for the Home Department (2023) – application to commit the Home Secretary for contempt of court following breach of mandatory injunction obtained in interim relief proceedings to provide AM with adequate accommodation under s.95 Immigration and Asylum Act 1999.
R (Motherhood Plan) v HM Treasury [2021] EWCA Civ 1703; [2022] PTSR 494 – challenge in the Court of Appeal to the UK Government’s self-employed income support scheme introduced during the Covid-19 pandemic on the basis that it discriminated against new mothers. Reported on BBC Breakfast and other outlets.
R (BG) v Hackney LBC (social media; candour; disclosure) [2022] UKUT 338 (IAC) – challenge to the blanket requirement that age disputed minors provide respondent local authorities with their passwords to social media accounts for review in age assessment proceedings.
R (QBB and ors) v Secretary of State for the Home Department (2021) – challenge to the Secretary of State’s decision to commence evictions for failed asylum seekers in receipt of support under s.4 Immigration and Asylum Act 1999 during the winter of the Covid-19 pandemic. Reported in the media here. Donnchadh represented the interested parties in the subsequent claim brought by the Secretary of State: R (Secretary of State for the Home Department) v First-Tier Tribunal (Social Entitlement Chamber) [2021] EWHC 1690 (Admin); [2022] 1 WLR 22.
R (Just for Kids Law) v Secretary of State for Justice (2021) – challenge to the failure to exclude children from the extension of custody time limits introduced during the Covid-19 pandemic.
Community Care and Health
Donnchadh has particular experience and interest in securing the rights of migrants in the community care context, including those who lack regularised immigration status, their children, and those subject to deportation proceedings.
Donnchadh has acted in numerous claims securing asylum support accommodation during the pandemic. Donnchadh was instructed, alongside Daniel Clarke and led by Simon Cox, in a challenge to the Secretary of State’s decision to commence evictions for refused asylum seekers during the Covid-19 pandemic.
Following the legal challenge, the Home Office withdrew its policy and agreed to accommodate refused asylum seekers until the end of the Government’s Roadmap out of lockdown.
He also has experience in advising on accommodation duties under paragraph 9 of Schedule 10 Immigration Act 2016 and difficulties that arise when securing accommodation for those who require accommodation to be approved by Probation services or the Police.
Examples include:
- R (NG, AL and KM) v London Borough of Hillingdon [2020] EWHC 2847 (Admin): claim challenging the failure to provide three unaccompanied asylum-seeking children in age-appropriate accommodation under ss.17 and 20 Children Act 1989. The local authority sought to argue that they did not “require” accommodation as there were adequate facilities in the hotel accommodation. Mrs Justice Lang DBE ruled that it was arguable that Hillingdon Borough Council were seeking to side-step their duties owed to the three children in what would be a “significant departure” from statutory guidance and case law.
- R (BNB) v Kent County Council [2020] EWHC 587(Admin) challenged the failure of two local authorities to provide the unaccompanied asylum-seeking child claimant with s.20 Children Act 1989 accommodation following the child’s dispersal to Napier Barracks. HHJ Walden-Smith ordered that Hillingdon Borough Council accommodate the claimant and held that they could not rely on their unlawful act that led to the dispersal.
Donnchadh regularly acts in challenges to age disputes on behalf of unaccompanied asylum-seeking children and arising issues relating to support entitlement under the Children Act 1989 both in the High Court and in the Upper Tribunal. He also has experience in advising on leaving care duties under s.23C Children Act 1989 and retrospective ‘looked after’ children challenges.
Administrative and Public Law
Donnchadh is regularly instructed in judicial review matters in a wide range of areas of law including community care law, education law and prison law. He has appeared both led and unled in the High Court and has worked across all stages of judicial review proceedings and has appeared as junior counsel in the Court of Appeal. Donnchadh can advise on procedural matters and can advise at an early stage of proceedings on tactics and interim relief.
Donnchadh has recently been instructed by NGOs and claimants in relation to public law challenges flowing from the Government’s response to the Covid-19 pandemic.
Discrimination Law
Discrimination law interacts with all of Donnchadh’s work. Donnchad has a particular interest in the intersection of discrimination law and public law and recently acted as junior counsel in the Court of Appeal in R (The Motherhood Plan) v HM Treasury, a challenge to the Government’s self-employed income support scheme on the grounds that the scheme discriminated against women who had taken a period of maternity leave.
Donnchadh regularly advises individuals and organisations on their rights and obligations under the Equality Act 2010. Donnchadh has a broad experience in advising organisations on trans people’s access to single-sex spaces, including in the school context.
Donnchadh was instructed as junior counsel on an inquiry into a University organisation’s equality and access policies, advising on compliance with the Equality Act 2010 and providing a detailed reporting on the same.
Unlawful Detention
Donnchadh acts in claims challenging the unlawful use of detention powers under the Immigration Acts and related damages claims, particularly in the High Court. He is happy to advise at an early stage of proceedings and undertake urgent instructions, where appropriate.
Donnchadh also represents individuals in applications for bail before the First-tier Tribunal giving him a well-rounded view of the issues that arise in immigration detention centres. He has delivered training on effective bail applications for immigration practitioners. He regularly accepts pro bono instructions from Bail for Immigration Detainees. His advocacy experience in the First-tier Tribunal is complemented by his High Court work in unlawful detention claims.
Education
Donnchadh is regularly instructed on challenges to EHCPs and has assisted in all aspects of education law including advising on public law challenges and related private law issues.
He is licenced under the Direct Access Scheme and can accept instructions directly in appropriate cases.
Actions Against Public Authorities
Alongside his unlawful detention work, Donnchadh has assisted with claims against the police and damages claims against local authorities arising out of delays in issuing care proceedings and failures to protect children at risk of harm.
Donnchadh has a particular interest in data protection claims and privacy concerns and advised regularly on these issues whilst at Liberty. He has assisted in misuse of private information claims against the police and has been instructed to advise and assist on data protection complaints.
