UK home secretary apologises over unlawful detention of Bahraini activist – The Guardian

Posted February 9th, 2024 in asylum, compensation, detention, government departments, human rights, immigration, news by michael

‘The home secretary, James Cleverly, has apologised and arranged for compensation to be paid to a human rights activist after officials unlawfully detained him at Gatwick airport on his return to the UK from a UN meeting in Switzerland.’

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The Guardian, 8th February 2024

Source: www.theguardian.com

Council of Europe calls on UK not to process asylum claims in Rwanda – The Guardian

Posted February 8th, 2024 in asylum, detention, human rights, news, reports, Rwanda by tracey

‘Europe’s leading anti-torture watchdog has called on the government to process asylum claims in the UK rather than sending people to Rwanda because of the risk they may be exposed to human rights abuses there.’

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The Guardian, 8th February 2024

Source: www.theguardian.com

Handcuffed migrants face unlimited detention in ‘prison-like’ conditions, anti-torture committee finds – The Independent

Posted February 8th, 2024 in asylum, detention, immigration, mental health, news, reports, restraint by sally

‘Migrants facing unlimited detention in “prison-like” UK immigration sites are being handcuffed to beds and allowed to self-harm, a European anti-torture committee has found.’

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The Independent, 8th February 2024

Source: www.independent.co.uk

Section 117 after-care statutory guidance – a missed opportunity? – Local Government Lawyer

Posted February 6th, 2024 in detention, local government, mental health, news, statutory duty by tracey

‘Lee Parkhill reviews new Government guidance on the joint duty under s.117 of the Mental Health Act 1983.’

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Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

More than 1,000 child refugees at risk after being classified as adults – report – The Guardian

Posted January 23rd, 2024 in children, detention, news, refugees, reports by tracey

‘Hundreds of child refugees have encountered abuse and exploitation and some have been placed in adult jails, after their ages were wrongly assessed by the Home Office, according to a new report.’

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The Guardian, 22nd January 2024

Source: www.theguardian.com

Applications for deprivation of liberty under MCA up by less than 1% compared to same quarter in 2022, but orders nearly double – Local Government Lawyer

‘There were 1,655 applications relating to deprivation of liberty under the Mental Capacity Act made in the most recent quarter (July to September 2023), an increase of less than 1% on the number made in the same quarter in 2022, government data has revealed.’

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Local Government Lawyer, 4th January 2024

Source: www.localgovernmentlawyer.co.uk

Boy kept in solitary confinement wins £31,500 payout – The Guardian

Posted December 19th, 2023 in compensation, detention, human rights, mental health, news, young offenders by tracey

‘The UK government has agreed to pay £31,500 compensation after accepting that a 15-year-old boy with serious mental health problems was subjected to “inhuman or degrading treatment” by being kept in solitary confinement for almost two months.’

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The Guardian, 18th December 2023

Source: www.theguardian.com

Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration – Local Government Lawyer

Posted December 11th, 2023 in children, detention, local government, mental health, news by tracey

‘Alex Ruck Keene KC (Hon) analyses a recent High Court ruling on whether a 15-year-old should continue to be deprived of her liberty in a hospital.’

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Local Government Lawyer, 8th December 2023

Source: www.localgovernmentlawyer.co.uk

Refusal of tribunal to adjourn for aftercare evidence was “kicking the can down the road”, Upper Tribunal finds – Local Government Lawyer

Posted November 28th, 2023 in adjournment, detention, evidence, mental health, news, tribunals by tracey

‘The Upper Tribunal has allowed an appeal on all three grounds against a decision by the First Tier Tribunal to refuse an application for an adjournment to obtain evidence regarding aftercare.’

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Local Government Lawyer, 27th November 2023

Source: www.localgovernmentlawyer.co.uk

Immigration Blog: Age Assessments – More Than Just a Number – Garden Court Chambers

Posted November 16th, 2023 in asylum, chambers articles, children, deportation, detention, immigration, news by sally

‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’

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Garden Court Chambers, 2nd October 2023

Source: www.gardencourtchambers.co.uk

My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people – Mental Capacity Law and Policy

‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’

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Mental Capacity Law and Policy, 9th November 2023

Source: www.mentalcapacitylawandpolicy.org.uk

End solitary confinement for children and limit it for adults, review demands – The Independent

‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’

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The Independent, 8th November 2023

Source: www.independent.co.uk

Deaths and abuse in UK immigration detention – my research shows extent of mental health problem – EIN Blog

Posted October 17th, 2023 in deportation, detention, immigration, mental health, news, suicide by sally

‘The death of 39-year-old Frank Ospina, a Colombian man in immigration detention in the UK, shocked his family. Ospina was awaiting deportation, and his mental health appeared to deteriorate rapidly. He is thought to have taken his own life in March 2023.’

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EIN Blog, 16th October 2023

Source: www.ein.org.uk

Dangerous use of force, failure of safeguards and culture of dehumanisation – Brook House Inquiry report finds 19 instances of inhumane or degrading treatment – Garden Court Chambers

‘The BHI Inquiry has exposed the inexcusable and unconscionable dehumanising abuse of vulnerable people held in immigration detention by the Home Office. The Inquiry has found the safeguarding system in detention to be “dysfunctional”, resulting in a failure to protect detained people as intended. Vulnerable people were exposed to the risk of mistreatment and were subjected to actual harm; there were 19 incidents of credible breaches of Article 3 of the ECHR, which prohibits torture, inhuman and degrading treatment within a 5 month period.’

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Garden Court Chambers, 19th September 2023

Source: www.gardencourtchambers.co.uk

Teen sentenced after stabbing Tewkesbury schoolteacher Published 15 hours ago – BBC News

‘A 15-year-old boy has been sentenced to 14 months detention after stabbing a teacher in a school corridor.’

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BBC News, 28th September 2023

Source: www.bbc.co.uk

Asylum seekers ‘degraded’ at detention centre: key points from Brook House inquiry – The Guardian

‘Report on immigration removal centre details “crushing” abuse and excessive use of force that has left detainees with PTSD.’

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The Guardian, 19th September 2023

Source: www.theguardian.com

Dalston Projects Limited and others v Secretary of State for Transport – Blackstone Chambers

Posted August 29th, 2023 in detention, ministers' powers and duties, news, Russia, sanctions, ships by sally

‘High Court has handed down its first decision on an application brought under s.38 of the Sanctions, Anti-Money Laundering Act 2018 (“SAMLA”) in respect of the Russia (Sanctions) (EU Exit) Regulations 2019 (“Russia Sanctions Regulations”).’

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Blackstone Chambers, 21st July 2023

Source: www.blackstonechambers.com

Maguire, Detention, and Article 2 Inquests – Doughty Street Chambers

‘Maguire [2023] UKSC 20 is the most recent, and highest, authority on the engagement of Article 2 ECHR in inquests. The Supreme Court’s judgment ties together the Maguire and Morahan authorities (both of which had previously reached the Court of Appeal). It runs to 77 pages, with a leading judgment from Lord Sales, and a concurrence from Lord Stephens.’

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Doughty Street Chambers, 7th July 2023

Source: insights.doughtystreet.co.uk

British academic asks Foreign Office for formal apology over failure to spot torture during his detention in UAE – The Independent

‘The Foreign Office failed to notice signs of torture and provide help to a British academic during his detention in the United Arab Emirates, a watchdog has found.’

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The Independent, 4th August 2023

Source: www.independent.co.uk

Public Law Newsletter – Spire Barristers

‘Public Law Newsletter July 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 27th July 2023

Source: www.spirebarristers.co.uk