Stephen Cragg specialises in public law in social welfare and human rights areas, and in particular in the areas of community care, the criminal justice system, social services and health law, mental health, and coroners' inquests. His other area of expertise is in civil actions against the police and he is the co-author of the Legal Action Group publication Police misconduct: legal remedies (4th edition published April 2005). Stephen has been listed for many years up to and including 2008, in the Chambers and Partners Directory as a leader in his field in public law, human rights and police law. - For public law the Directory says "The "fantastic" Stephen Cragg is a favourite with many solicitors because he is "very down-to-earth, very successful and responsive", and can be relied upon for his "meticulously detailed approach". The 2008 directory states that he is "incredibly switched on and responsive," say clients. He has a wide knowledge of public law in social welfare and community care matters and appears regularly before the High Court. Instructing solicitors agree, "he's approachable, user-friendly and always takes a team approach to cases."
- Under human rights his "work in the social welfare, community care, policing and deaths in custody areas was well received" and "he is...highly rated for his strong work in the social welfare sector". The 2008 directory says that he "met with enthusiastic approval from interviewees. He has received plaudits for his work on Marper v UK, which concerned the retention of DNA samples for unconvicted persons and Articles 8 and 14".
- For police law the 2008 directory states that "he was praised by clients because "he has the complete package - a good bedside manner, thorough preparation and skill on his feet."
As well as advice and representation in relation to judicial review proceedings and civil actions, Stephen also provides general advice on community care and social services policies to a number of local authorities. He has acted for and advised a range of NGOs over the last few years. He is a consultant editor for the UK Human Rights Reports, and legal update editor for the Community Care Law Reports, and a regular contributor of articles to Legal Action and other journals. He writes a weekly column for the Times on new legislation and case law of interest to public sector employees. He was a major contributor to the PLP's publication "An applicant's guide to judicial review" published by Sweet and Maxwell in 1995. Prior to his call to the Bar, Stephen was the project solicitor to the Public Law Project, developing the PLP's test case strategy in social welfare public law areas, and acting for individuals and groups in such cases. Stephen is currently Chair of the PLP. He has been appointed to the A-G's panel of Special Advocates and sits as a part-time president of the Mental Health Review Tribunal. Stephen has been vice-chair of the Law Centres Federation (1993-1994); Fellow in Public Law Essex University 1997-1999; and a member of the Civil Justice Council (1998-2000). Some of his recent cases include:- Criminal Justice and police powers - Marper v UK (2007) - (lawfulness of DNA samples for unconvicted persons and Arts 8/14 ruled admissible by ECtHR)
- R (Niazi) v Secretary of State for the Home Department [2007] ACD 75 : Times, July 9, 2007 (legality of abolishing ex gratia miscarriage of justice compensation scheme)
- R (Raissi) v Secretary of State for Home Department [2007] 4 All ER 225 (application of ex gratia miscarriage of justice scheme to extradition cases)
- R (E) v Secretary of State for the Home Department [2007] ACD 83 (Art 6 and conditions of detention during trial)
- R (A) v Chief Constable of South Yorkshire Police [2007] EWHC 1261 (Admin) (legality of charging juveniles)
- G v Chief Constable of West Yorkshire [2006] EWHC 3485, Admin (lawfulness of detention pending CPS decisions on charging)
- R (Nicholds) v Security Industry Authority [2007] 1 WLR 2067 (lawfulness of licencing criteria for door supervisors; Art Prot 1 ECHR)
- R (Coker) HM Coroner for Inner South District of Greater London [2006] EWHC 614 (Admin) (disclosure of cause of death by coroner prior to jury death in custody inquest)
- Commissioner of Police for the Metropolis v Hurst [2005] 1 WLR 3892, CA (applicability of s3 Human Rights Act to pre-October 2000 events); Pearson v HM Coroner for Inner London North [2005] UKHRR 896 (similar point as Hurst)
- R (Wright) v Secretary of State for the Home Department [2006] HRLR 23, CA
- R (Green) v Police Complaints Authority [2004] 1 WLR 725 HL (disclosure in police complaints involving Art 2 and 3)
- Sacker v West Yorkshire Coroner [2004] 1 WLR 796 , HL (coroner's inquests, deaths in custody and Art 2)
- R v South Yorkshire Police ex p S and Marper [2004] 1 WLR 2196, HL (retention of DNA samples by police and Art 8)
- R (Cronin) v Sheffield Mags Court [2003] 1 WLR 752. (Application for search warrants by police, magistrates courts, disclosure and Art 8).
Social and health services, Adults - R (Chavda) v Harrow LBC [2007] EWHC 3064 (Admin) - Restriction on community care services, human rights and the disability equality duty.D v Southwark LBC [2007] EWCA Civ 182 (placement of children with foster carers and Part III Children Act 1989)
- R (Grogan) v Bexley NHS Care Trust [2006] BLGR 491 (leading case on health/social services divide)
- Lewis v Gibson (2005) 8 CCLR 399, CA; 87 BMLR 93 (relationship between best interests declarations and "displacement of nearest relatives" (mental health))
- N v A London Borough Council [2006] 1 FLR 310 (rights of foster parents under Art 8 and disclosure of HIV status)
- R (Howard) v Secretary of State for Health [2003] QB 830 (Art 10 rights to public inquiry for victims of doctor's unlawful activities)
- R v Gloucestershire County Council ex p Barry [1998] AC 581, HL (taking resources into account when assessing need for services for disabled people)
- R v Powys CC ex p Hambidge (1998) 1 CCLR , CA (power to charge for services to disabled persons)
Children - D v Southwark LBC [2007] 1 FLR 2181 : s20 Children Act 1989 and duty to maintain looked after childrenR (M) v Gateshead Council [2006] QB 650, CA (duties to accommodate children detained at police station)
- R (BG) v Medway Council [2006] 1 FLR 663; (2005) 8 CCLR 448 (lawfulness of loan conditions for disabled children pursuant to Children Act 1989)
- R(G) v Barnet LBC [2004] 2 AC 208 (nature of duty under s17 Children Act 1989)
- R (R and others) v Children and Family Conciliatory and Advisory Support Service (CAFCASS) [2003] 1FLR 953 (nature of duty of CAFCASS to provide children's guardians)
last updated January 2007
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Year of Call
1996
Admitted Solicitor
1989
Education
LLB (hons); MA
Email Address
s.cragg@doughtystreet.co.uk
Specialist Teams
Stephen Cragg is a member of the following specialist law teams:
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