Raising Funds to Challenge Being Charged For Being Innocent

by Michael O'Brien

Raising Funds to Challenge Being Charged For Being Innocent

by Michael O'Brien
Michael O'Brien
Case Owner
We have been refused Legal aid to challenge been charged for our food and water whilst being wrongly imprisoned and need to raise funds to challenge this absurd ruling.
Funded
on 23rd May 2025
£2,387
donated of £50,000 stretch target from 27 pledges
Michael O'Brien
Case Owner
We have been refused Legal aid to challenge been charged for our food and water whilst being wrongly imprisoned and need to raise funds to challenge this absurd ruling.

Latest: Aug. 9, 2025

Wrongly jailed man loses prison stay refund appeal

We have lost the right to challenge the Bed and Board Case In the High Court see BBC news Link Here. courtsey of BBC news

A man wrongly convicted of murder has lost a legal challenge to reclaim money …

Read more

Charging bed and board for being innocent.

We aim to raise £100,000 so we can seek to cover some of the risk of challenging the government in court for charging miscarriage of justice victims for their bed and board.

Help protect us from the costs risk to us of bringing a court case against the Secretary of State for Justice (‘Justice Secretary’) with the aim of requiring the Justice Secretary to pay back money deducted from our compensation and that of other past victims of the worst miscarriages of justice to cover the costs of our ‘bed and board’. Following a decision by a previous justice secretary in August 2023, no future miscarriage of justice victims will face those ‘Saved Living Expenses’ (SLE) deductions and we simply want past victims to be treated the same, with dignity and fairness.

Who are we?

We are Michael O’Brien and Paul Blackburn, both victims of serious miscarriages of justice who qualified for statutory compensation, but which was reduced by the (now abolished) ‘bed and board’ (or SLE) deductions.

Michael O’Brien says: In 1987, myself along with Darren Hall and Ellis Sherwood were known as The Cardiff Newsagent Three, and were wrongfully imprisoned for a crime we did not commit. After nearly 12 years in prison, we were able to prove our innocence in 1999. Although we received compensation for this grave miscarriage of justice, £37,500 was deducted from each of our awards to cover the cost of our 'bed and board' during our unjust imprisonment.

Paul Blackburn says: In 1978, when I was just 15 years’ old, I was wrongly convicted of attempted murder and attempted buggery of a 9-year-old boy in a stranger attack. I was convicted principally on the basis of coerced confession evidence about which the Court of Appeal later found the police to have lied. I served over 24 years in prison before being released in March 2003 and my conviction was quashed in May 2005. I was eventually awarded compensation in April 2011, but SLE was deducted from my loss of earnings of between 20% to 25%, which was tens of thousands of pounds.

This is not just about the two of us; it's about every individual who has been wrongfully convicted and then charged for their stay in prison - a place they should never have been in. This practice adds insult to injury for victims of wrongful convictions and must be addressed immediately. They do not charge guilty people for being imprisoned; only innocent victims of miscarriages of justice face this penalty.

In the wake of Andy Malkinson's conviction being quashed in 2023, Alex Chalk KC MP (then Justice Secretary), stated in August 2023 that such charges would be stopped. Although he also said he was considering reimbursing those who were already subjected to this deduction, he never made a final decision, so we were shocked when the current Justice Secretary refused to do so in August 2024.

Our petition has 57,000 signatures on Change.org and we urge you to sign it: Petition update · MOJ REFUSE TO REFUND BED AND BOARD CHARGE FOR THE WRONGLY ACCUSED · Change.org · Change.org

Summary

We are pursuing a claim for Judicial Review against the Justice Secretary for refusing to reimburse ‘bed and board’ deductions from compensation paid to us and other past victims of miscarriage of justices. We are waiting to find out if the Court will allow our claim to proceed – known as ‘the permission stage’.

Call to action

We are raising funds to protect us from having to personally pay the Justice Secretary’s legal costs of defending this Judicial Review, including the permission stage, aimed at achieving fairness and dignity for past victims of miscarriages of justice, so they get the same treatment as future victims of miscarriages of justice, without facing the insult and indignity of having their compensation reduced because of SLE deductions.

Your kind donations will support our critical work to ensure fairness to past victims of miscarriages of justice. All donations will be administered by our legal team: Hickman and Rose solicitors, together with Ed Fitzgerald KC and Pippa Woodrow of Doughty Street Chambers.

What is the next step in the case?

We have issued the claim and are waiting to find out if the court will grant us permission to pursue our challenge to a full hearing.

How much are we raising and why?

Our fundraising target is currently £100,000, which we think will protect us against the risk of paying legal costs to the opponent if we lose (i.e. an adverse costs order). If we win the case and no costs are imposed against us, or there is money left over (that is, if the adverse costs payable are less than the money raised by us), then your donation will be returned to CrowdJustice who will donate all returned money to the Access to Justice Foundation or another legal cause on the platform. If we get permission to pursue the challenge, we can apply for a ‘costs capping order’ to try and ensure that these costs don’t exceed any money that we can raise. If we are unable to raise sufficient funds to meet a costs capping order and neither of us can secure public funding, it is likely that we will both be forced to discontinue the claim.

We hope you will help in any way you can by donating and signing our petition.

Yours in struggle Michael O'Brien and Paul Blackburn: no justice no peace.

 

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Recent contributions

Update 6

Michael O'Brien

Aug. 9, 2025

Wrongly jailed man loses prison stay refund appeal

We have lost the right to challenge the Bed and Board Case In the High Court see BBC news Link Here. courtsey of BBC news

A man wrongly convicted of murder has lost a legal challenge to reclaim money he was charged for bed and board during the 11 years he spent behind bars.

Michael O'Brien was one of three men wrongly convicted of the 1987 killing of Cardiff newsagent Phillip Saunders. 

After his release, Mr O'Brien had £37,500 deducted from his compensation to cover "saved living expenses" while in prison, which he has been campaigning to have returned.

But a High Court judge has rejected his attempt to bring a judicial review of the deduction, which was made by the Ministry of Justice.
An MoJ spokesperson said the deductions were "no longer taken" from victims of miscarriages of justice, but said the change "does not apply retrospectively".

Mr O'Brien, 57, described the ruling as a "blow", saying he had hoped to have a hearing in front of judges.

"Unfortunately that's not the case, and at the moment we cannot take it further because if we do they'll charge us for all the costs," he said, estimating that could cost "over £100,000".

He added that he was "very angry" when he heard the news.

Mr O'Brien brought the claim alongside Paul Blackburn, who spent 24 years in prison for a 1978 child murder in north-west England that he did not commit.

Mr O'Brien received £692,900 in compensation in 2002, three years after his release, and Mr Blackburn was awarded £1,370,500 in 2011.

Mr Blackburn had around £100,000 deducted for saved living expenses.

In August 2023, Alex Chalk, then Conservative Justice Secretary, scrapped the policy of taking bed and board deductions from all future payouts.

It followed the high-profile case of Andrew Malkinson who was wrongfully imprisoned for 17 years for rape. 

Mr O'Brien and Mr Blackburn applied for further compensation following the rule changes, but last year the new Labour government said those who had previously received payouts could not claim back the deductions retrospectively.

In this week's ruling, Mr Justice Ritchie refused to allow the case to progress, although the pair have a week to appeal.

He found the claimants had not been discriminated against and that "the applications were dealt with and completed long before the time the policy changed".

Andrew Taylor, a Cardiff-based barrister, described the ruling as "unfair", comparing the case to the fight for justice by former postmasters caught up in the much-publicised Horizon scandal.

He said creating "as much publicity as possible", like those involved in the Horizon scandal, could be an effective next step for Mr O'Brien.

"He's been a tireless campaigner since his release, and I don't think that this is necessarily the end of the matter," he added.

"If you have been convicted of a murder that you didn't commit, nobody recovers," he said, adding that the decision was "another kick in the teeth" for Mr O'Brien.

Mr O'Brien said his options now were to try to get the law changed or take his campaign "onto the streets", adding that he would be lobbying MPs.

He also said his fight for justice had impacted his health, adding that he had post-traumatic stress disorder (PTSD), comparing it to soldiers who had served in Iraq.

"That gives you an idea of the damage they've done to me and many other victims of miscarriages of justices," he added.

We  are   determined to fight on by getting the case raised in Parliament we need your support now more than ever please keep signing. and sharing our petition We need 42 thousand more signatures and it will be debated in Parliamentthank you for your amazing support. Mike and Paul

Update 5

Michael O'Brien

July 22, 2025

Still no court date

Seems the powers that be are dragging their heals ie the High Court to give us a date for the first hearing still the fight continues.

Please keep signing and. sharing our petition and crowd justice page. I am grateful to you all who have already done so.

The support I am getting has been amazing thank you.

Michael


Update 4

Michael O'Brien

June 28, 2025

Update 3

Michael O'Brien

June 27, 2025

Bed and board Demonstration

Today on the 27th of June we will be holding our demonstration in Cardiff at 11am in Wood Street outside the Minister for Wales Office Jo Stephens MP and call on her to support our calls to return the bed and board charge  to every miscarriage of justice victim. 

It cannot be right that those who are guilty get charged nothing whilst the innocent have to pay. We feel this is the final insult.

Please keep signing and sharing our petition. and donate if you can . Paul and I are so grateful for the support from the public means a lot to us that we are not alone in our fight.

Thank you Paul and Mike

 

Update 2

Michael O'Brien

June 8, 2025

Demonstration in Cardiff - Say no to charging the innocent

Thank you to all those who have donated to our cause still no news on date for the first hearing and I do feel very frustrated.

However we are holding a demonstration in Cardiff  on the Bed and Board .
We are doing a demonstration in protest of the Charging of victims of Miscarriages of Justice for there food and water whilst being locked up for crimes they did not do and have been proven innocent by a Court of Appeal.

This demo will take place on Friday 27th of June in Wood Street in Cardiff outside the Welsh Secretary for Wales Office in Cardiff.
Please come along and show your support its so important we make a stand it cannot be right that child killers and sex offenders pay nothing for there stay in prison whilst innocent people like me get charged for theirs.
Hope to see you their Mike.

Update 1

Michael O'Brien

June 1, 2025

Write to your MP

Appreciate all the support and messages I have received and We would like thank you all to those who have donated means a lot to us and we are determined  to fight this unjust charge.

Can you keep sharing and maybe write to your MP and bring this injustice to their attention? We do need to keep the pressure on.

Also  we have  a petition with 57.000 signatures and would be grateful. if you could sign this link below.

https://www.change.org/p/demand-reimbursement-for-wrongfully-convicted-charged-for-there-food-and-water

Many thanks for your continued support Michael O'Brien and Paul Blackburn


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