‘More than 350 people with special needs have been detained in hospitals for more than 10 years, analysis has revealed.’
The Independent, 8th December 2019
Source: www.independent.co.uk
‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’
Garden Court Chambers, 27th November 2019
Source: www.gardencourtchambers.co.uk
‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’
UK Human Rights Blog, 3rd December 2019
Source: ukhumanrightsblog.com
‘Mohamed, an asylum seeker from Sudan, tells how he has been imprisoned many times since arriving in Britain in 2012.’
The Guardian, 27th November 2019
Source: www.theguardian.com
‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’
UKSC Blog, 27th November 2019
Source: ukscblog.com
‘The Home Office “falsely imprisoned” many asylum seekers who are now entitled to damages for their loss of liberty at the hands of the government, five supreme court judges have ruled.’
The Guardian, 27th November 2019
Source: www.theguardian.com
‘The inquest into the death of Carlington Spencer, known to his family as ‘Jammy’, concluded on Friday 8 November. Carlington was an immigration detainee at Morton Hall Immigration Removal Centre.’
Garden Court Chambers, 14th November 2019
Source: www.gardencourtchambers.co.uk
‘On 5 November 2019 the Secretary of State for the Home Department, Priti Patel, announced to Parliament that the Prisons and Probations Ombudsman (PPO) investigation of Brook House immigration removal centre (IRC), set up to investigate the abuses revealed in the BBC Panorama documentary ‘Undercover: Britain’s Immigration Secrets’, has been converted to a statutory public inquiry in accordance with the Inquiries Act 2005.’
Garden Court Chambers, 8th November 2019
Source: www.gardencourtchambers.co.uk
‘A man died in immigration detention after medical staff “dismissed” signs that he was having a stroke because they wrongly presumed that he had taken spice, an inquest has concluded.’
The Independent, 12th November 2019
Source: www.independent.co.uk
‘A public inquiry has been launched into allegations of abuse at the Brook House immigration detention centre.’
The Independent, 6th November 2019
Source: www.independent.co.uk
‘A teenager who stabbed his friend in the heart can be named after an order protecting his anonymity was lifted.’
BBC News, 6th October 2019
Source: www.bbc.co.uk
‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’
Transparency Project, 28th September 2019
Source: www.transparencyproject.org.uk
‘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.’
No. 5 Chambers, 6th August 2019
Source: www.no5.com
‘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.’
The Guardian, 20th August 2019
Source: www.theguardian.com
‘A woman who suffered a miscarriage while unlawfully detained has been granted a £50,000 payout from the Home Office.’
Daily Telegraph, 19th August 2019
Source: www.telegraph.co.uk
‘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.’
The Guardian, 8th August 2019
Source: www.theguardian.com
‘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.’
BBC News, 23rd July 2019
Source: www.bbc.co.uk
‘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.’
The Independent, 16th July 2019
Source: www.independent.co.uk
‘The Home Office is “refusing to protect” victims of modern slavery and human trafficking, a report has said.’
BBC News, 9th July 2019
Source: www.bbc.co.uk
© Inner Temple Library 2019