Frances McClenaghan

Call 2009

Frances McClenaghan | Call 2009

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Overview

Frances is a knowledgeable and approachable practitioner with expertise in a range of police law matters. Frances is regularly instructed by a number of forces from across the country.

Police

Frances represented the Commissioner of Police of the Metropolis in Morahan v Assistant Coroner for West London in the Court of Appeal.

Read judgment here.

“Frances knows her own and is very efficient and personable… she gains the trust of clients and the tribunal quickly.”
Chambers and Partners

experience & expertise

Frances is ranked by both the Legal 500 and Chambers & Partners for her police work.

Frances represents police forces in a variety of proceedings: civil actions, judicial review, inquests and misconduct.

Civil Actions

From pleadings and initial advice, through to interim applications, mediations and trial (with and without a jury), Frances has experience of misfeasance claims from beginning to end.

Frances’ police law practice reflects the spectrum of issues with which police forces have to grapple. She is experienced in arguing cases involving the investigative duty under Article 2/3 ECHR. She recently applied to strike out a claim on the basis that the severity threshold for Article 3 was not satisfied.

Frances also has experience of claims alleging discrimination. She recently defended Article 9 ECHR claims by a Sikh man who contended that stopping and searching him constituted an unlawful interference with his right to wear a Kirpan. Her stop and search experience includes cases involving children. Frances can be relied upon to represent the police in cases of significant public concern and potential media interest.

Judicial review
Frances has experience of successfully defending challenges to search warrants. She was commended by Sir Stephen Silber for the clarity of her skeleton argument. Frances appears in the High Court on reviews of police misconduct panel decisions. She successfully challenged a panel’s decision to issue final written warnings to two dishonest firearms officers in Russell and Strickland [2022] EWHC 2857 (Admin).

Frances is currently instructed on behalf of the Chief Constable of the Sovereign Base Areas Police (Cyprus) in a challenge to an appeal decision upholding the dismissal of an inspector.

Inquests
Frances has extensive inquest experience. She is currently instructed in several inquests concerning persons suffering mental health problems. She is familiar with the law relating to welfare checks and when persons may be removed to a place of safety under section 136 of the Mental Health Act 1983.

She has represented the police in a number of inquests arising from terrorist killings. She appeared for the Metropolitan Police Service in the inquest of a lady shot in the Bardo Museum attack in Tunis: the incident which preceded the Sousse attack. She was also instructed in an inquest concerning the killing of a close protection officer in an explosion in Afghanistan. Frances is careful to make clear the extent to which a force may assist when asked to investigate deaths abroad. In the Bardo inquest, the Coroner expressed his gratitude that these limits were clearly set out in writing in the force’s report.

Misconduct
Frances regularly advises and represents the AA at misconduct hearings. She has secured the dismissal of several police supervisors for sexual misconduct involving fellow officers. Click here and here for news coverage.

Frances acts for a range of forces, including the Ministry of Defence Police.

Articles

Seminars

  • The Ministry of Defence Police misconduct regime
  • Measures to tackle violence against women and girls

pro bono

  • Court of Appeal Pro Bono Scheme participant

awards

  • Sir Walter Wigglesworth Scholar, Lincoln’s Inn Pupillage Scholarship
  • College of Law Negotiation Competition Prize
  • College of Law Civil Procedure Prize

qualifications

  • LLB (Hons) – University of Durham, (2006)
  • BVC – College of Law, London (2008)
  • Public Access Accredited
  • Called to the Bar of Northern Ireland

memberships

The Constitutional and Administrative Law Bar Association