Howe+Co represent The Maggie Oliver Foundation and Survivors in the High Court
On Thursday 5 March 2026, at the Royal Courts of Justice, Mr Justice Kimblin granted permission to proceed to a full hearing in the judicial review, challenging the government’s failure to implement recommendations of The Independent Inquiry into Child Sexual Abuse (IICSA) designed to protect the most vulnerable children in society.
The Parties
In Court 3 of the Royal Courts of Justice in London, Howe+Co represented Maggie Oliver and the charity The Maggie Oliver Foundation (TMOF) who exist “..to create a society where survivors and those at risk of childhood sexual abuse and exploitation (CSAE) are empowered to live fulfilled and successful lives, and where every survivor is treated with dignity, respect and as an equal and valued member of society.” This small, but groundbreaking charity faced off against the might of the State to argue the IICSA recommendations should be implemented to save further children from abuse.
Legal Arguments
Assisted by Howe+Co Solicitors and represented by Mr Chris Jacobs (Barrister) of Landmark Chambers, Maggie Oliver argued that successive governments have acted unlawfully by failing to implement recommendations from IICSA. The effect of which is to place the safety of 500,000 children at risk every year.
Court Decision
After a long hearing of legal arguments, Mr Justice Kimblin found that:
- It was arguable that the government’s failure to outlaw the use of pain compliance techniques on children was unlawful; and
- It was arguable that there was a legitimate expectation that the government should implement the IICSA’s 20 recommendations.
Mr Justice Kimblin went on to describe the judicial review claim as, “A paradigm example of public interest litigation,” and rejected the Government’s arguments that The Maggie Oliver Foundation should not receive legal cost protection.
This victory was very widely covered in the media; just some examples of coverage can be found below:
The Guardian: UK government ‘effectively allowed child sexual abuse campaigners legal case
BBC News: Judicial review over whether government failed to act after abuse
Next Steps
It is expected that the full hearing of TMOF’s judicial review will be listed at the High Court later this year.
Howe + Co on behalf of and working with TMOF have begun preparing for the full hearing. It is expected that the Government will strongly resist having to implement the recommendations designed to protect these vulnerable children.
Possible Outcomes of the Full Hearing
At the High Court hearing, the Judge will listen to core arguments from both sides as to whether the government “acted unreasonably and/or in breach of a legitimate expectation” to in failing to implement the IICSA recommendations.
If the High Court finds the government acted unlawfully and/or irrationally, it could:
- Quash the government’s decision not to implement the recommendations;
- Order the government to reconsider its approach regarding the implementation of the recommendations;
- Potentially require the government to set a timetable or clear policy for implementing the recommendations.
It should be noted that a Court cannot force Parliament to pass laws, but it can require Ministers to reconsider decisions. However, where the Court find that the government are in breach, often political pressure will force them to change their decision and in this case to implement the recommendations.
Possibility for the government to act before the full hearing
Sometimes owing to political pressure, governments may change their policy in the course of litigation.
Potentially Historic Constitutional Case
This judicial review has the potential to become a landmark case because it challenges how the UK government responds to major public inquiry recommendations, especially where the government have said they will implement the recommendation subsequent to the particular Inquiry in question.
Further, it raises fundamental questions about the balance between government discretion, legal accountability, and the protection of victims following national scandals.
Conclusion
The importance of this case cannot be overstated. At Howe+Co we will be working with The Maggie Oliver Foundation and counsel to ensure the strongest legal case is pursued, not just for the benefit of today’s victims of child sexual abuse, but for potential victims in the future.
