Keith Lomax

Keith Lomax

Head of Social Welfare

I have long standing commitment to human rights and specialise in public law issues. Most of my work is conducted in the Administrative Court and the Court of Appeal, with some cases in higher courts including the European Court of Human Rights.

I have been challenging public authorities for over 25 years on people who feel that their rights have been violated.

I conducted the landmark case of Connors v UK in the ECtHR, and my challenges, based on Article 8 and proportionality, continued including Price v Leeds CC (in Kay v Lambeth; Price v Leeds), resulting in the domestic law established in ‘Pinnock’ and ‘Powell’ and more recently JL v Secretary of State for Defence.

I conducted the case of McGlinchey & Ors v UK in the ECtHR concerning a prison death which resulted in government implementation of a programme to improve prison health policy for drug addicts, a transfer of health services for prisoners to be maintained within the NHS, and measures including £40 million more for prison health services, £28 million for clinical drug services in prisons in 2006 with £60 million in 2007 and continuing, and drug rehabilitation programmes in 103 prisons.

I have defended the eviction of hundreds of Travellers, including over 6 years of Dale Farm litigation. I have pursued homelessness review appeals, to challenge the failure of councils to properly take into account significant psychological harm from unsuitable accommodation, also arguing that councils should not be allowed to rely on their own failure to provide sites.

I have conducted numerous High Court statutory appeals in regulatory law matters for professionals and have advised professionals in proceedings before their disciplinary bodies, including in the Court of Appeal developing the law on hearsay evidence and the impact of the Human Rights Act on ‘strict’ time limits.

I have brought judicial reviews concerning incompatibility with European Convention rights as to the statutory regime for disclosure in DBS certificates, both as to discretionary police information and lifelong disclosure of convictions, in the High Court and Court of Appeal.

I have challenged local authorities’ failure to provide suitable education for children with autism and Aspergers Syndrome, and other special educational needs (SEN).

I conduct asylum removal and immigration cases by judicial review in the Administrative Court and Upper Tribunal (IAC). These have included judicial reviews on behalf of victims of torture and I successfully represented a child who was threatened with being removed, on the grounds that the Home Office had failed to take into account the child’s best interests. I have judicially reviewed refusals of asylum fresh claims, fee waiver decisions, and visa refusals.

I am a vigorous supporter of legal aid for access to justice by vulnerable people and took judicial review proceedings against the Legal Services Commission (LSC) over legal aid contract tendering. I successfully judicially reviewed the Legal Aid Agency over its interpretation of LASPO concerning abuse of power and its decision to refuse to fund High Court statutory appeals for people struck off the NMC register. I have challenged the Legal Aid Agency over its decision to stop funding advice and assistance to people in applications to the ECtHR. I have been a LSC peer reviewer for public law work.

I have lectured on the human rights and public law issues.

I received a Yorkshire Lawyer of the Year Litigation Award in 2004 and my firm, Davies Gore Lomax, was shortlisted as a finalist in 2008 for the Legal Aid Lawyer of the Year Awards and short-listed for the Liberty Human Rights Awards 2011.

I have also been recommended in the Public Law section of the Legal 500 directory.

Notable cases include:

Alhy v GMC [2011] EWHC 2277 (Admin) (Article 6)

Adesina & Anr v NMC [2013] EWCA Civ 818 (Article 6)

Brew  v GMC [2014] EWHC 2927 (Admin)

Connors v United Kingdom (66746/01) (2005) 40 EHRR 9; [2004] HLR 52 (Art 8, possession)

Dunn & Another v Bradford MDC; Marston & another v Leeds CC [2002] EWCA Civ 1137; [2003] HLR 15: (meaning of  “execution of the order” , s85(2) Housing Act 1985, estoppel)

Jordan v Secretary of State for Communities & Local Government [2008] EWHC 3307 (Admin). (Article 8, planning permission)

JL v Secretary of State for Defence [2013] EWCA Civ 449 (Art 8, possession, enforcement)

R (RK) v S Yorkshire Police and Disclosure and Barring Service, [2013] EWHC 1555 (Admin) (CRB, DBS, Enhanced Disclosure Certificate, Safeguarding)

Kay & Others v Lambeth LBC; Price & Others v Leeds CC [2006] UKHL 10; [2006] 2 AC 465 (Article 8, possession)

R (M) v (1) Secretary of State for Constitutional Affairs & Lord Chancellor; [2004] EWCA Civ 312 (Article 6, ASBO)

R v Leeds Magistrates’ Court [2005] EWHC 1479 (Admin), [2005] ELR 589, (Art.8, education, bullying)

R (McCarthy) v Basildon DC [2009] EWCA Civ 13 (Dale Farm, discrimination, Article 8, possession)

McGlinchey v United Kingdom (50390/99), ECtHR, (Article 3, prison death)

Paulet v UK App 6219.08, ECtHR (Art 1 Protocol 1, confiscation order, proceeds of crime)

R (MS) v Independent Monitor & Anr [2016] EWHC 655 (Admin) (DBS disclosure, police information)

'O' v Secretary of State for Education and NCTL [2014] EWHC 22 (Admin)

Ogbonna v Nursing & Midwifery Council [2010] EWCA Civ 1216 (Article 6, hearsay)

Rustamova v The Governing Body of Calder High School UKEAT/0284/11/ZT (‘Miss Rusty’, teacher, employment)

San Michael College v SSHD [2011] EWCA Civ 1336 (UKBA, Tier 4, Protocol 1 Art.1)

Sheridan & Others v Basildon BC [2012] EWCA Civ 335; [2012] HLR 29

R (W) v Secretary of State for Justice [2015] EWHC Admin 1952 (Art 8, DBS disclosure, conviction)

Walker v Secretary of State for Communities & Local Government, Blackburn with Darwen BC [2008] EWHC 62 (QB) (Compulsory purchase, Art.8 and Protocol 1 Art.1)