Draft Mental Health Bill now published – Local Government Lawyer

Posted July 1st, 2022 in bills, detention, learning difficulties, mental health, news by tracey

‘Following a commitment given in the Queen’s Speech in May 2022, a draft Mental Health Bill has been brought forward this week (27 June 2022). Alex Ruck Keene sets out the main elements and highlights some key points.’

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Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

Sudanese trafficking victims must stay in detention, judge rules – The Guardian

‘Three Sudanese victims of torture and trafficking who were threatened with being deported to Rwanda on a controversial charter flight last week have had their pleas to be released from detention rejected by a high court judge.’

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The Guardian, 20th June 2022

Source: www.theguardian.com

Home secretary Priti Patel overrode legal advice in asylum cases, adding to record costs – The Independent

‘Priti Patel has repeatedly overridden Home Office legal advice on immigration and asylum cases, adding to record costs for the taxpayer, The Independent can reveal.’

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The Independent, 15th May 2022

Source: www.independent.co.uk

Profit making private providers of children’s care & breaches of Article 5 – Garden Court Chambers

‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’

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Garden Court Chambers, 4th April 2022

Source: www.gardencourtchambers.co.uk

Autistic girl, 14, unlawfully detained in hospital, high court judge finds – The Guardian

Posted April 6th, 2022 in autism, children, detention, hospitals, news, restraint by sally

‘A 14-year-old autistic girl was unlawfully detained in hospital and restrained in front of scared young patients, a high court judge has found.’

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The Guardian, 5th April 2022

Source: www.theguardian.com

Woman detained under mental health law can make abortion decision – judge – The Independent

‘A pregnant woman detained under the terms of mental health legislation is capable of deciding whether to have an abortion even though doctors say such a move would not be in her best interests, a judge has ruled.’

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The Independent, 14th March 2022

Source: www.independent.co.uk

Heavily pregnant woman can have C-section against her will, judge rules – BBC News

‘Doctors can perform a Caesarean section against the will of a diabetic woman in her late 20s, a judge has ruled.’

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BBC news, 10th March 2022

Source: www.bbc.co.uk

Home Office to pay UK resident £5,750 for 10-hour Calais detention – The Guardian

Posted March 7th, 2022 in brexit, compensation, detention, government departments, immigration, news by tracey

‘The Home Office has agreed to pay nearly £6,000 in a settlement to an EU citizen it detained at the border in a post-Brexit crackdown on Europeans entering the country last year.’

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The Guardian, 6th March 2022

Source: www.theguardian.com

Judge raps council after 13-year-old boy unlawfully deprived of his liberty for five months – Local Government Lawyer

Posted February 11th, 2022 in care orders, children, detention, families, family courts, human rights, local government, news by tracey

‘A Family Court judge has sharply criticised a local authority over its failure to seek the court’s authorisation of a deprivation of liberty (DoL) of a 13-year-old boy (AB).’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Age assessment and the Kent Intake Unit social worker guidance – Local Government Lawyer

‘The High Court has ruled that the Home Office acted unlawfully in detaining unaccompanied young people for age assessments at a port in Kent. Shu Shin Luh and Antonia Benfield explain why.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Home Office age assessment policy for asylum seekers is unlawful, High Court rules – The Independent

‘The Home Office’s process for age assessing young asylum seekers when they arrive in the UK has been ruled unlawful by the High Court.’

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The Independent, 19th January 2022

Source: www.independent.co.uk

‘I’m so afraid’: Child refugees forced to share rooms with adults after being wrongly deemed over 18 – The Independent

‘Child refugees are being forced to share rooms and even beds with adults they do not know as increasing numbers are incorrectly placed in accommodation meant for over-18s by the government, The Independent can reveal.’

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The Independent, 16th January 2022

Source: www.independent.co.uk

High Court dismisses JR over immigration detainees’ legal advice – Law Society’s Gazette

‘The High Court has dismissed a judicial review brought against the lord chancellor over immigration detainees’ access to justice.’

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Law Society's Gazette, 13th January 2022

Source: www.lawgazette.co.uk

Brook House Inquiry: Phase 1 Hearings Reviewed – Appin Mackay-Champion – UK Human Rights Blog

Posted January 6th, 2022 in detention, human rights, immigration, inquiries, news by sally

‘The Brook House inquiry has recently concluded its first phase of hearings which took place between November 23 and December 10, 2021 at the International Dispute Resolution Centre (IDRC). Brook House is an Immigration Removal Centre (IRC) beside Gatwick Airport, originally managed by the private security company G4S. The inquiry was set up to investigate the actions and circumstances surrounding the “mistreatment” of male detainees at Brook House between April 1 to August 31 2017, and specifically, examining whether the treatment experienced was contrary to Article 3 ECHR (the right not to be subjected to torture, inhuman or degrading treatment). This followed the damning footage filmed by an undercover reporter in Brook House during the “relevant period”, and broadcast on the BBC Panorama Programme “Undercover: Britain’s Immigration Secrets” which aired on September 4, 2017.’

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UK Human Rights Blog, 6th January 2022

Source: ukhumanrightsblog.com

Home Office hit with high court claim over refusal to treat HIV patient in detention centre – The Independent

‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’

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The Independent, 1st January 2022

Source: www.independent.co.uk

Remand inmates in England and Wales ‘facing second Christmas behind bars’ – The Guardian

‘Some defendants will be facing “a second Christmas behind bars without the opportunity to prove their innocence”, a legal charity has warned, as the number of remand prisoners in England and Wales detained longer than the legal custody limit continues to rise.’

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The Guardian, 1st December 2021

Source: www.theguardian.com

Grace period in a time of Covid – UK Human Rights Blog

Posted December 1st, 2021 in asylum, coronavirus, delay, deportation, detention, housing, human rights, immigration, news by sally

‘In R (Babbage) v The Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the Claimant applied for judicial review, claiming that his immigration detention from 27 February 2020 to 29 April 2021 had been unlawful and/or that there was a public law error relating to the delay in the provision of s.4 accommodation. Soole J gave a potentially significant judgment concerning the ambit of the “grace period” for locating s.4 Immigration and Asylum Act 1999 accommodation, i.e. accommodation provided to failed asylum seekers. The judge also made some apposite comments concerning the requirement for appropriate evidence in unlawful detention claims from the relevant decision maker.’

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UK Human Rights Blog, 30th November 2021

Source: ukhumanrightsblog.com

100 people held more than 20 years in ‘institutions’ – BBC News

‘One hundred people with learning disabilities and autism in England have been held in specialist hospitals for at least 20 years, the BBC has learned. The finding was made during an investigation into the case of an autistic man detained since 2001.’

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BBC news, 25th November 2021

Source: www.bbc.co.uk

Brook House detention centre whistleblower ‘abuse’ inquiry begins – BBC News

‘A public inquiry into the mistreatment of immigration detainees has heard a BBC Panorama documentary revealed “shocking” treatment which had “no place in a decent and humane” system.’

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BBC News, 23rd November 2021

Source: www.bbc.co.uk

Detention of a minor for his own protection – round two – UK Human Rights Blog

‘The Court of Appeal has recently upheld the High Court decision that Section 38 of the Police and Criminal Evidence Act 1984 (“PACE”) is not incompatible with Article 5 of the European Convention on Human Rights (“ECHR”) insofar as it purports to authorise the detention of minors for their own protection, in the case of Archer v Commissioner of Police of the Metropolis [2021] EWCA Civ 1662.’

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UK Human Rights Blog, 23rd November 2021

Source: ukhumanrightsblog.com