Migration Bill: Lords reinsert child detention limits – BBC News

‘The House of Lords has rejected an attempt by the government to extend the amount of time children can be detained in its migration bill.’

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BBC News, 13th July 2023

Source: www.bbc.co.uk

Why UK court ruled Rwanda isn’t a safe place to send refugees – and what this means for the government’s immigration plans – EIN Blog

‘The Court of Appeal has ruled against the UK government’s plan to send asylum seekers to Rwanda, adding a significant legal hurdle to the prime minister Rishi Sunak’s promise to “stop the boats”.’

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EIN Blog, 4th July 2023

Source: www.ein.org.uk

Migration Bill: Lords vote to keep child migrant detention limits – BBC News

Posted July 4th, 2023 in bills, children, detention, immigration, news, pregnancy by sally

‘The House of Lords has voted against government plans to weaken detention limits for children and pregnant women in its migration bill.’

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BBC News, 3rd July 2023

Source: www.bbc.co.uk

Unpublished policy and unlawful detention: a case note on R (MXK) v Secretary of State for the Home Department – UK Human Rights Blog

‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.

In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’

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UK Human Rights Blog, 29th June 2023

Source: ukhumanrightsblog.com

Illegal migration bill: the concern for children’s rights keeping the House of Lords up all night – EIN Blog

‘The illegal migration bill passed through the House of Commons earlier this year, but is being fiercely contested in the House of Lords. The bill is currently at the committee stage which allows the members to scrutinise the text and make amendments.’

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EIN Blog, 12th June 2023

Source: www.ein.org.uk

Squaring the circle – Local Government Lawyer

Posted May 19th, 2023 in care homes, children, detention, local government, news, social services by tracey

‘What steps can a local authority take to ensure a lawful deprivation of liberty in an unregistered children’s home in England for children under 16? Hannah Taylor and Ruth Atkinson-Wilks explain.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

New research examines the reasons behind Deprivation of Liberty applications and the complex needs of the children involved – Family Law

Posted May 15th, 2023 in children, detention, families, family courts, news by tracey

‘In recent years there has been a marked increase in the use of the inherent jurisdiction of the family court to deprive children of their liberty. In these cases, restrictions are placed on a child’s liberty beyond what would normally be expected for a child of the same age. This may include them being kept in a locked environment that they are not free to leave, being kept under continuous supervision, and being subject to restraint or medical treatment without consent. In response, the President of the Family Division launched a national Deprivation of Liberty (DoL) court at the Royal Courts of Justice, which is running for a pilot period of 12 months from July 2022.’

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Family Law, 12th May 2023

Source: www.familylaw.co.uk

Conditions at Cookham Wood young offender unit deemed a scandal – BBC News

Posted April 28th, 2023 in children, detention, news, prisons, young offenders by tracey

‘An urgent notice for action has been issued to the justice secretary after conditions at a young offender institution were deemed “a scandal”.’

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BBC News, 28th April 2023

Source: www.bbc.co.uk

Ministers say UK will only detain child refugees in ‘exceptional circumstances’ – The Guardian

‘Ministers have pledged to only detain refugee children in “exceptional circumstances” under a new asylum bill after threats of a rebellion from backbench Conservative MPs.’

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The Guardian, 24th April 2023

Source: www.theguardian.com

UK deportation centre used force 18 times to stop self-harm last year, figures show – The Guardian

Posted April 20th, 2023 in asylum, detention, news, self-harm, suicide by sally

‘Asylum seekers awaiting deportation at a detention centre were physically prevented from taking their own lives or self-harming on 18 occasions last year, detailed official accounts show.’

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The Guardian, 19th April 2023

Source: www.theguardian.com

Supreme Court to hear next week dispute over ‘ordinary residence’ and s117 aftercare services – Local Government Lawyer

‘The Supreme Court will next week (27 April) hear a high-profile case over the responsibility of local authorities for the aftercare of a service-user who had been detained under the Mental Health Act 1983.’

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Local Government Lawyer, 17th April 2023

Source: www.localgovernmentlawyer.co.uk

Secure Accommodation Order applications do not need a Circuit Judge – Becket Chambers

‘This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989.’

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Becket Chambers, 2nd March 2023

Source: becket-chambers.co.uk

Lone children as young as 14 detained at Manston asylum seeker centre – The Guardian

Posted February 20th, 2023 in asylum, children, detention, government departments, immigration, news by tracey

‘Lone children as young as 14 have been detained at the Manston asylum seeker processing centre in Kent, a freedom of information request has revealed. According to the immigration rules, children should not be detained in short-term holding facilities such as Manston, apart from in exceptional circumstances, and holding them for more than 24 hours is unlawful.’

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The Guardian, 19th February 2023

Source: www.theguardian.com

Mobile phones and deprivations of liberty – Local Government Lawyer

‘Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting a High Court judge recently. Whilst his analysis concerned the position of a 16 year old, his conclusions apply equally to adults, writes Alex Ruck Keene KC (Hon).’

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Local Government Lawyer, 31st January 2023

Source: www.localgovernmentlawyer.co.uk

Mental health racial bias in England and Wales is ‘inexcusable’, says report – The Guardian

Posted January 19th, 2023 in bills, detention, medical treatment, mental health, minorities, news by tracey

‘Ministers must use legislation to address an “unacceptable and inexcusable” failure to address racial disparity in the use of the Mental Health Act, MPs and peers have said.’

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The Guardian, 19th January 2023

Source: www.theguardian.com

Home Office accused of failing vulnerable groups in detention centres – watchdog – The Independent

Posted January 13th, 2023 in asylum, detention, government departments, immigration, news, refugees, torture, victims by tracey

‘A watchdog says a belief among some Home Office staff that migrants are trying to abuse the system is causing “shortcomings” in the care of vulnerable groups in immigration removal centres. The Independent Chief Inspector of Borders and Immigration’s (ICIBI) report focuses on the Home Office’s Rule 35 process, calling it “ineffective”.’

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The Independent, 12th January 2023

Source: www.independent.co.uk

Calls for public inquiry into abuses at Manston asylum centre in Kent – The Guardian

Posted January 5th, 2023 in assault, asylum, detention, inquiries, news by sally

‘Lawyers and human rights campaigners are calling for a public inquiry into abuse and other mistreatment at Manston, the controversial Kent processing centre for small boat arrivals, after it emerged that police were investigating allegations of assault.’

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The Guardian, 4th January 2023

Source: www.theguardian.com

Man with history of sex offending has capacity to make decisions in relation to care and support arrangements, Court of Protection judge rules – Local Government Lawyer

‘A Court of Protection judge has ruled that a young man with a history of sex offending will no longer be subject to a Deprivation of Liberty Authorisation.’

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Local Government Lawyer, 19th December 2022

Source: www.localgovernmentlawyer.co.uk

NHS trust apologises as man kept in hospital for more than a year – BBC News

Posted December 20th, 2022 in detention, hospitals, local government, mental health, news by sally

‘A man with physical and mental health problems is “living” in a hospital despite being fit to leave, a court has heard.’

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BBC News, 19th December 2022

Source: www.bbc.co.uk

Sex offender who poses risk is able to make own decisions about care – judge – The Independent

‘A convicted child sex offender who “poses a risk” has the mental capacity to make decisions about his care and support, a judge has decided after a hearing in a specialist court.’

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The Independent, 14th December 2022

Source: www.independent.co.uk