Holding MI5 to account
We represented Beth, a survivor of severe domestic abuse by an MI5 covert human intelligence source (CHIS), in a landmark case revealing profound failings in how the Security Service manages informants with histories of violence against women. Despite MI5’s attempts to rely on secrecy, with the effect of shielding itself from scrutiny, the litigation on forced a public admission that the abuser was an MI5 agent, exposed false evidence given to courts, and secured a personal apology and damages settlement for Beth.
Case concluded
What we challenged
MI5’s failures to assess or manage the risks posed by an informant with a known history of extreme violence and misogyny – who coercively controlled Beth while an MI5 agent, and attacked her with a machete.
what happened
Beth brought a claim and complaint to the Investigatory Powers Tribunal (IPT), arguing that MI5 enabled her violent ex-partner (‘X’) to abuse her, by paying him to work for the state as an informant despite the risks that he posed to her. During their abusive relationship X bragged to her that he was working for MI5 and was protected by the state, using this to intimidate her. While preparing her case, a BBC documentary The Abuser Working for MI5 uncovered extensive evidence of X’s violent history, including previous police reports of domestic violence overseas, and public and private statements glorifying violence. MI5 repeatedly told the IPT and other courts that it had never confirmed or denied X’s role, and that therefore the proceedings should take place in secret —but the BBC revealed that a senior MI5 officer had in fact confirmed X’s MI5 role to a journalist in 2020. This exposed that MI5 had given false evidence to at least three court proceedings, and forced the agency to concede that X was an informant. Faced with mounting scrutiny, MI5 settled Beth’s claim for damages and issued her an apology.
what we achieved
Accountability, from a particularly secretive state body, and national media attention, raising serious questions about the recruitment and protection of violent men by the state
A new policy, introduced by MI5, committing to safeguard individuals at risk of harm
Rulings from the courts that police and security services cannot simply rely on ‘Neither Confirm Nor Deny’ as a blanket response in every legal case about covert activities
Ongoing investigations (by the courts and Investigatory Powers Commissioner) into MI5’s potential contempt of court, and the promise of future ‘spot inspections’, which may deter public authorities from relying on false evidence in future
why it matters
This case forced unprecedented concessions from one of the UK’s most secretive agencies, and rare confirmation that a dangerous misogynist had been recruited as an MI5 agent. Beth’s courage, and this litigation, have already led to policy change within MI5, and have also opened the door to greater accountability surrounding the state’s handling of agents and informants with histories of violence against women.
