Children (Public Law)
As concerns children’s rights, Martin has a High Court practice covering a wide area. He devised (with Natasha Watson of Orbis Law) the strategy of using the inherent jurisdiction to tackle radicalisation and prevent young people being persuaded to fight in the Syrian civil war.
He has appeared in leading cases on modern slavery, forced marriage and contested adoptions. Much if his work has an international element including child abduction and the placement of children outside the jurisdiction by Local Authorities (his experience would cover virtually every country of the EEA and also many states in the US, Russia, South Asia and Israel.) He has a particular expertise in Media Law in this field and on restrictions on disclosure.
Recently he has appeared in a leading case concerning coercive control, a childhood vaccination injunction challenge and a series of cases representing Polish families in Appellate cases in England and Wales. He has also appeared in a series of cases where one parent has murdered another or there is alleged NAI (especially if treating physicians face allegations as well).
View full profile »Senior Coroner to issue a report on national lack of resources for people with Autism - Dec 2023
Amelia Walker (representing East Sussex County Council) and Martin Downs (representing Brighton & Hove City Council – the Safeguarding authority) participated in a 2-week jury inquest touching...
Martin Downs obtains Forced Marriage Protection Orders after change in law - Jul 2023
The Marriage and Civil Partnership (Minimum Age) Act 2022 provides for a new minimum marriageable age of 18 and is reinforced by revised statutory guidance published on 23rd April 2023: “The right...
High Court Judgment on conflict with parents about hospital care and discharge of a child with a rare genetic condition - Nov 2022
Hayden VP gave Judgment this month in Lancashire County Council v M and Ors (no. 2) [2022] EWHC 2900 (Fam) concerning the welfare of a 13 year old boy with multi-system problems, arising from a rare...
Martin Downs in case concerning serious abuse and coercive control - Jun 2021
Mr Justice Williams has just released a summary of his Judgment in a case of serious abuse and coercive control in CL (Fact Finding : Coercive Control) [2020] EWFC 109 This case concerned the...
Martin Downs and Luisa Morelli appear in childhood vaccination injunction challenge - Jun 2021
The parents of a 2 ½ year old boy (who had lived some time abroad) sought an injunction to prevent a local authority arranging for their child to receive the schedule of vaccinations recommended by...
Quality Circle Ponders adopting Charter of Respectful Working - Jan 2020
The Quality Circle (more formally the Sussex Family Justice Quality Circle – details below) organised a meeting at Brighton Town Hall in January 2020 to discuss the Charter of Mutual Expectations...
Martins Downs in significant child repatriation case from North Africa - May 2019
Martin Downs in case where children were repatriated from North Africa to protect them from “punishment” and threats of forced marriage. Judgment has been released in Re CQ, DQ & EQ...
Goodman Ray and 1COR presenting seminar on Developments in International Children Law - Mar 2019
An opportunity to catch up on the latest developments in international children law. 1 Crown Office Row have collaborated with international specialists, Goodman Ray solicitors. The seminar will be...
Nuffield Observatory publish Insight Piece on Quality Circle - Feb 2019
The Nuffield Family Justice Observatory have produced a document about the work of a Quality Circle established in Sussex by Nicola McGeown, the Principal Social Worker of East Sussex and Barrister,...
1COR & Orbis Law present ‘Mental Capacity Act 2005 Training for Local Government Lawyers’ - Nov 2018
Orbis Law and 1COR are presenting a seminar aimed at providing an update on the Mental Capacity Act 2005 in relation to local government cases with talks on different topics from Martin Downs, Abha...
Martin Downs and Anita Mehta speak at East Sussex Resolution AGM - Oct 2018
On Thursday 18th October 1COR’s Anita Mehta and Martin Downs were invited to speak at the East Sussex Resolution AGM on 18th October 2018, a well organised event at the beautiful Buxted Park Hotel. ...
Seven 1COR members in landmark Supreme Court case - Aug 2018
The Supreme Court will today begin hearing the appeal in CN & GN v Poole Borough Council. The case will consider the extent to which local authorities owe a common law duty to protect from harm...
West Sussex County Council hosts Quality Circle meeting on the Voice of the Child - May 2018
Sophie Carter of West Sussex County Council led a discussion on 22nd May 2018 at Century House in Durrington about the voice of the child in legal proceedings concerning children. She was joined by...
Martin Downs successful in international relocation appeal - Feb 2018
Mrs Justice Theis has given Judgment in A v B (International Relocation) [2018] EWHC 328 in which she allowed an appeal in an international relocation case. This is one of a series of cases where...
Martin Downs and Clare Ciborowska in case concerning placement of a child in The Gambia - Feb 2018
The Judgment has just been released of the first case in which the High Court has authorised the placement of a child in The Gambia. Mrs Justice Theis made the child the subject of a Special...
Martin Downs in new Radicalisation Judgment about protecting older children and vulnerable adults - Apr 2017
Mr Justice Hayden has just handed down a new Judgment concerning safeguarding those at risk of radicalisation: A Local Authority v Y [2017] EWHC 968 (Fam) (27 April 2017). The Judgment focuses on...
Martin Downs joins judges at the second LSE Featherstone Sexual Orientation and Identity Moot - Mar 2017
Martin Downs is pleased to be joining the LSE Featherstone Sexual Orientation and Gender Identity Moot 2017. 1 Crown Office Row barrister Martin Downs, will be one of the team of judges at the second...
Adam Smith and Martin Downs speak at screening of film on Radicalisation - Nov 2016
Adam Smith gave the opening address at a special showing of the documentary, Jihad: A British Story by film maker, Deeyah Khan in the Old Courthouse in Brighton. The event was organised by Rehna...
Martin Downs in case on first anniversary of Modern Slavery Act - Aug 2016
Mr Justice Hayden has given Judgment in open Court in a case concerning the Modern Slavery Act on the first anniversary of the Act coming into force. The case concerned a young child who had been...
Martin Downs speaks on the future of employment law at SJ Live 2016 - Mar 2016
Martin Downs spoke about Tribunal reform, Brexit, the British Bill of Rights and Artificial Intelligence and the future of the labour market at the first day of the Solicitor's Journal Conference Live...
Martin Downs in Second Court of Appeal challenge on Adoption - Dec 2015
Martin Downs acted in Re H (A Child) (No. 2) [2015] EWCA Civ 1284 where the Court of Appeal have overturned the Judgment of Ms Justice Russell in Re W (Adoption application: Reunification with Family...
Martin Downs on Newsnight on the subject of radicalisation - Oct 2015
Martin Downs appeared on Newsnight on BBC on Friday 9 October speaking about radicalisation and the advantages and potential problems with obtaining injunctions to prevent young people fighting in...
Martin Downs acts in internet vilification case - Apr 2015
Martin Downs acted as a Junior for June Venters QC in the case of Re: P & Q to assist with the Human Rights implications - and in particular the meaning and import of current statutory...
Martin Downs successful in Syrian Civil War Case - Mar 2015
Martin Downs successfully represented Brighton and Hove City Council in an application to make a 16 year old boy a ward of Court and obtain orders to prevent him fighting in Syria's civil war. The...
Martin Downs in case about infant bone density - Mar 2015
Judgment has been handed down in a new case concerning bone density and fractures in young children where Martin Downs had been instructed. Having considered international research on this subject,...
Martin Downs in Court of Appeal win on Positive Duties of Local Authorities under Article 8 - Jul 2014
With the ever increasing stress on robust case management, the Court of Appeal has issued a timely corrective in the case of Re P [2014] EWCA Civ 888. The case had its origin in allegations that...
Seminar: The Court of Protection, A gilded cage is still a cage - Apr 2014
Crown Office Row Brighton is hosting a Seminar on the Court of Protection on Wednesday 7th May. On 19 March, the Supreme Court handed down its decision in Cheshire West concerning the issue of...
New Magistrate Court Appeals Guide incorporating upcoming rule changes - Mar 2014
Martin Downs and Richard Ager and pupil, Sophie Evans, have previously drafted two guides on how to appeal against care and placement orders. In anticipation of rule changes which come into effect...
Martin Downs in Court of Protection case setting out a new approach to deprivation of liberty cases - Jan 2014
Martin Downs represented the Local Authority, responding to an application by an elderly person (UF) who was in a care home and subject to a Deprivation of Liberty regime. UF's daughter AF was her...
Martin Downs and Jacqueline Roach in the case of E where it was held that English Courts cannot prevent foreign media reporting on a Slovakian boy placed into care in the UK - Jan 2014
Martin Downs represented the Local Authority and Jacqueline Roach the child before the President of the Family Division in the case of E [2014] EWHC 6. Martin Downs and Jacqueline Roach appeared in...
Martin Downs in Court of Protection Forced Marriage case - Jan 2014
Martin Downs represented Y Local Authority before Mrs Justice Parker in the Court of Protection. The case concerned a learning disabled woman who was encouraged by her family to marry a student...
Martin Downs and Richard Ager and 1COR pupil Sophie Evans have drafted two guides on how to appeal against care and placement orders - Jan 2014
Following the Supreme Court decision of Re B and the Court of Appeal decisions in Re B-S and Re W, appeals against care and placement orders have increased. Members Martin Downs and Richard Ager...
Martin Downs and Aviva Le Prevost successful in Court of Appeal challenge on Wardship - Jan 2013