Throughout her career, Kulvinder has worked hard for individuals and families; seeking to hold the police and other state bodies to account. At present, her cases include police complaints, compensations claims against the police, the Home Office and NHS Trusts. She is instructed on a number of inquest matters that concern failings by the police, the prison service and/or NHS Trusts.
Kulvinder is known for being committed to access to justice and Legal Aid funding of cases where this is still available.
Inquest – The family of AF
AF was a patient detained under the Mental Health Act. At the conclusion of the inquest the jury made findings that the negligence of the NHS Trust contributed to her death. http://www.bbc.co.uk/news/uk-england-lincolnshire-33289009
Inquest – The family of ST
ST had a long history of physical ill heath that deteriorated significantly during the period of his imprisonment. The jury identified systems failures with regards to the sharing of information between doctors / hospitals treating patients in the community and healthcare professionals that treat prisoners. Following the inquest, the coroner made a recommendation for there to be better systems for the providers of healthcare in prison to have access to a prisoner’s community medical records.
Inquest – The family of HM
At the conclusion of the inquest into HM’s (a patient detained under the Mental Health Act) the jury made a finding of accidental death. However within the narrative verdict they set out that the ligature point used by HM had been a known risk and that the NHS Trust should have expedited works to eliminate it. The concerns identified during the inquest hearing resulted in a recommendation from the Coroner that the NHS consider all ligature points as high risk and the elimination of them should be tackled as a priority. http://www.hulldailymail.co.uk/helen-millard-inquest-husband-says-humber-nhs-foundation-trust-should-have-removed-danger-sooner/story-29749115-detail/story.html
Recent police misconduct cases have included:
– police have failed to act to protect a woman when they knew she was at risk of attack from a previous partner
– excessive force has been used (e.g. failure to comply with the Force’s own guidelines when using CS gas)
– persons have been wrongfully detained (e.g. the power of arrest has been used incorrectly)
– the actions of officers have breached the Codes of Practice (e.g. failures to comply with PACE when searching detainees)
– officers have failed to act when they should have (failure to call for urgent medical help when it was needed)
Kulvinder has experience of taking cases through all stages of compensation claims, as well as those concluding with a trial. She has helped clients obtain damages where:
– police have acted unlawfully in carrying out searches / strip searches
– police have assaulted and wrongfully arrested and detained individuals
– negligence and breach of HRA has been demonstrated in claims against the NHS
– the Home Office wrongfully detained a victim of torture
Where there is no other remedy or route of appeal, it may be possible to challenge a decision made by an agency of the State. For example;
– After the inquest into her son’s death had concluded S felt all relevant matters had not been looked into it. In particular no evidence had been called about the actions/inaction of officers that arrived on the scene before her son died. I was able to obtain a transcript of the original inquest and request further disclosure of documents. An application was made to Attorney General for a fiat and ultimately there was a new inquest hearing.
-Following the involvement of social services, N had agreed to look after her two grandchildren; her daughter was no longer able to cope. N was not told about child arrangements order allowance; payments that could have helped her financially with the additional costs she now had. Years later when she did apply she was told she was not eligible under the terms of the local authority policy. An application was made challenging the lawfulness of the policy. N was awarded payments and the local authority directed to update its policy.
– In the case of H & L, the Court of Appeal determined that the disclosures already made were unlawful and the application of a blanket approach to disclosures was incorrect. Further, the decision to make future disclosures to personal assistants was unlawful at common law and under Article 8. The proposed managed account scheme was unlawful and ultra vires. http://www.bailii.org/ew/cases/EWCA/Civ/2011/403.html
The Legal 500 guide recommends Howells Civil Liberties and Human Rights department. It states “Howells’s ‘excellent, knowledgeable, sensible and experienced’ team ‘has a wealth of knowledge and experience in the context of inquests into deaths in custody, prison and hospitals’ and is led by Peter Mahy. Recent work includes Kulvinder Gill representing the family and estate of AF, an individual who escaped from a psychiatric ward and later died in hospital following a suicide attempt, in pursing negligence claims and claims under the Human Rights Act.”
“First I will thank you again for your wonderful work, your incredible patience with my case and just your professional work way. Thank you!”
“I want to thank Howells Solicitors in special Ms Kulvinder Gill for her outstanding professional and wise work on our case. We're looking back on a really difficult and special case work over almost 4 years and with a very comfortable result for me. Thank you again and I can warmly recommend this fabulous and serious Sheffield branch of Howells Solicitors.” KL, Actions against the Police Client