Russell has wide range of experience of public law with a particular interest in judicial review, education, local government and planning acting on behalf of Claimants and Public Bodies. Russell regularly provides advice and representation on a variety of cases. Recent judicial review experience includes:
Age assessment of unaccompanied asylum seekers. Russell routinely advises and drafts grounds for judicial review in this area. Cases include both the nature of the assessment itself and the interaction between the Home Office and Local Authorities. These includes issues relating to the legality of detention and obtaining appropriate interim relief.
Challenges against the refusal of Local Authorities to provide support to children and families under the Children Act 1989. This has included issues in relation to housing and human rights issues arising out of destitution.
Challenges against the refusal of Local Authorities to provide housing.
Challenges in respect of a failure by the Home Office to provide support to destitute asylum seekers.
Challenges in respect of a failure to provide support pursuant to the Care Act 2014 and to charge for support.
A challenge in respect of exercise of the discretion of the First Tier Tribunal to use its review power.
Education issues including admissions, school transport and special educational needs (see also Education CV)
In addition Russell has experience of social security, criminal injuries compensation hearings and CRU appeals. He has experience of all aspects of special educational needs law, disability discrimination and school transport. He has experience of the Upper Tribunal and Court of Appeal. As a pupil Russell worked alongside his supervisor on several planning inquiries, High Court and Court of Appeal cases in planning law.
Russell has been an elected Councillor since 2007 where he served on the Planning Committee for 3 years, was Chair of the Children and Young Peoples’ Overview and Scrutiny Committee, was Chair of Task Group reviewing the education of children in care and since 2011 he been Cabinet Member for One Swindon Communities and Housing. In 2013 he became Cabinet Member for Finance and has recently taken on additional responsibilities in relation to performance and human resources. He was a member of a Police Authority and is a Governor of a further education college with special responsibility for safeguarding issues. As a student he completed internships in the House of Commons, United States Senate, European Parliament and Public law project.
Notable Cases
NGI v Wiltshire [2010] UKUT 242 AAC
West Sussex v ND [2010] UKUT 349
A Borough Council v S [2012] EWCA Civ 346
