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

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