Duty of care: inadequate safety nets? – No. 5 Chambers

Posted August 29th, 2019 in detention, duty of care, hospital orders, human rights, news, self-harm, suicide by sally

‘It was recently confirmed in Fernandes de Oliveira v Portugal [2019] ECHR 106 (no.78103/14, 31 January 2019) that a state’s positive obligation under Article 2 of the European Convention on Human Rights (ECHR) applies not only to compulsorily detained patients, but also to those in hospital. However, there was a disappointing caveat. The European Court on Human Rights (ECtHR) concluded that “a stricter standard of scrutiny” might be applied to patients detained “involuntarily” following judicial order (para.124). Indeed, no Article 2 violation was found. In a partly dissenting Minority Opinion (MO), Portugal’s Judge Pinto De Albuquerque and Judge Harutyunyan describe the decision scathingly as “the result of a creative exercise of judicial adjudication for an imagined country” (MO, para.16). This article analyses the case law the ECtHR failed to apply, contends that the decision is plainly wrong, and argues that no differentiation between voluntary and involuntary patients can be justified.’

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No. 5 Chambers, 6th August 2019

Source: www.no5.com

Detention of Muslims at UK ports and airports ‘structural Islamophobia’ – The Guardian

Posted August 22nd, 2019 in detention, Islam, news, religious discrimination, terrorism by sally

‘Muslims are being detained at ports and airports for up to six hours by law enforcement using controversial counter-terrorism powers so disproportionately that the practice has become Islamophobic, according to human rights group Cage.’

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The Guardian, 20th August 2019

Source: www.theguardian.com

Woman detained unlawfully who suffered miscarriage granted £50,000 payout – Daily Telegraph

‘A woman who suffered a miscarriage while unlawfully detained has been granted a £50,000 payout from the Home Office.’

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Daily Telegraph, 19th August 2019

Source: www.telegraph.co.uk

Immigration centre abuse inquiry must be held in public, court says – The Guardian

‘The Court of Appeal has rejected an application by the Home Office to conduct an inquiry into claims of systemic abuse at an immigration detention centre in private, rejecting the claims that public hearings would be prohibitively expensive.’

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The Guardian, 8th August 2019

Source: www.theguardian.com

Police must offer women detainees period products under new rules – BBC News

Posted July 24th, 2019 in codes of practice, detention, equality, health, human rights, news, ombudsmen, police, women by sally

‘Police in England and Wales must offer female detainees free sanitary products in case they are on their period while in custody, under new legislation.’

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BBC News, 23rd July 2019

Source: www.bbc.co.uk

Home Office accused of covering up plight of hundreds of trafficking victims wrongly detained in immigration centres – The Independent

‘The Home Office has been accused of covering up the plight of hundreds of modern slavery victims after it was forced to disclose data it previously claimed to have “no record” of.’

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The Independent, 16th July 2019

Source: www.independent.co.uk

Yarl’s Wood: Trafficking victims ‘detained for months’ – BBC News

Posted July 9th, 2019 in detention, forced labour, news, reports, trafficking in human beings by sally

‘The Home Office is “refusing to protect” victims of modern slavery and human trafficking, a report has said.’

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BBC News, 9th July 2019

Source: www.bbc.co.uk

Home Office payout for trafficked man detained in mistaken identity mix-up – The Guardian

‘Vietnamese national was illegally detained for five months after Home Office refused to accept he was not someone else.’

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The Guardian, 27th July 2019

Source: www.theguardian.com

Investigation into abuse at Brook House IRC risks failure to meet requirements of Article 3 – UK Human Rights Blog

Posted June 21st, 2019 in detention, human rights, immigration, inquiries, news, ombudsmen by tracey

‘MA, BB v Secretary of State for the Home Department (The Equality and Human Rights Commission intervening) [2019] EWHC 1523.
The High Court has held that an effective Article 3 investigation by the Prisons and Probation Ombudsman (“PPO”) into allegations of serious physical and mental abuse in an Immigration Removal Centre requires the PPO to have powers are to compel witness attendance, hold hearings in public and ensure that the claimants have properly-funded representation to enable them to review and comment on witness evidence and provide lines of enquiry.’

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UK Human Rights Blog, 19th June 2019

Source: ukhumanrightsblog.com

Using police cells to detain people with mental illness to be banned under new reforms – The Independent

Posted June 17th, 2019 in detention, mental health, news, police by tracey

‘Police cells will no longer be used to detain people experiencing mental illness, Theresa May has announced as part of a package of measures that she says will “overhaul” the government’s approach to mental health. Weeks before she is due to leave office, the prime minister has unveiled a commitment to overhaul the controversial Mental Health Act in order to make it “fit for modern society”.’

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The Independent, 17th June 2019

Source: www.independent.co.uk

Home Secretary apologises to members of Windrush generation – Home Office

‘The Home Secretary has written 46 letters to people who were sanctioned under compliant environment policies and 7 to people with criminal convictions who were held under immigration detention powers at the end of their prison sentence.’

Full press release

Home Office, 10th June 2019

Source: www.gov.uk/home-office

Charity pours scorn on quality of immigration detainees’ advice – Legal Futures

‘Legal representation for immigration detainees is very poor, including the quality of advice given by solicitors, according to a charity that challenges detention in removal centres and prisons.’

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Legal Futures, 4th June 2019

Source: www.legalfutures.co.uk

Report raises alarm over police detention of vulnerable suspects – The Guardian

‘Police officers detained and interviewed vulnerable suspects without an appropriate adult present more than 100,000 times last year in England and Wales, according to a charity report.’

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The Guardian, 31st May 2019

Source: www.theguardian.com

Cadent handed record £44m penalty after customers left without gas – The Guardian

Posted May 23rd, 2019 in compensation, detention, duty of care, energy, inquiries, news by tracey

‘Ofgem takes action after tower block residents had no supplies for up to five months.’

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The Guardian, 22nd May 2019

Source: www.theguardian.com

This week’s round up – Williamson fired over Huawei and the courts return after Easter – UK Human Rights Blog

‘Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of public law and human rights. However, the High Court decided a number of interesting clinical negligence cases, whilst the Court of Appeal gave judgement in the case of TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 784.’

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UK Human Rights Blog, 7th May 2019

Source: ukhumanrightsblog.com

Age of criminal responsibility in England and Wales ‘too low’ says watchdog – The Independent

‘The low age of criminal responsibility in England and Wales is putting children at risk during crucial years of their development, the human rights watchdog has warned. In an unprecedented move, the Equality and Human Rights Commission (EHRC) has called on lawmakers to raise the age at which a child can be deemed responsible for committing a crime – currently at 10.’

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The Independent, 6th May 2019

Source: www.independent.co.uk

No necessity to arrest where person voluntarily attended police station – UK Police Law Blog

Posted May 1st, 2019 in appeals, detention, harassment, investigatory powers, news, police, reasons by tracey

‘Every police officer knows they must have a reasonable suspicion that a person has committed an offence in order to arrest them. But that is only half of what is required. The second element is that they must have a reasonable belief in the necessity for the person’s arrest. The recent decision of Commissioner of the Metropolitan Police v MR [2019] EWHC 888 (QB) is one of a number of recent cases where appellate judgments have sought to tighten-up what the police must show in order to prove necessity.’

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UK Police Law Blog, 30th April 2019

Source: ukpolicelawblog.com

Home Office chaos and incompetence lead to unlawful detentions, claim whistleblowers – The Guardian

‘Chaos, incompetence and bullying of Home Office employees is resulting in failed deportations and the unlawful detention of vulnerable and desperate people, whistleblowers allege.’

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The Guardian, 28th April 2019

Source: www.theguardian.com

Dignity of women in custody ensured by planned law change – Home Office

Posted April 25th, 2019 in detention, police, press releases, women by tracey

‘Police will have to ask female detainees whether they are likely to require sanitary products, which they will be given free, under Home Office plans.’

Full press release

Home Office, 24th April 2019

Source: www.gov.uk/home-office

Child sex offenders ‘inadequately supervised’ at detention centre – The Guardian

‘child sex offenders being held at an immigration removal centre have been inadequately supervised, a watchdog has found.’

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The Guardian, 16th April 2019

Source: www.theguardian.com