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07 June 2023
Issue: 8028 / Categories: Legal News , Immigration & asylum , National Health Service
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Secret detentions at port ruled unlawful

A secret policy used by the home secretary to repeatedly stop and detain two mothers and their young children at port has been declared unlawful by the High Court.

The women, represented by Bhatt Murphy Solicitors, are foreign nationals with leave to remain in the UK, have children who were born in the UK, and have outstanding NHS debt dating back to a time when their immigration status meant they had to pay for medical treatment. The policy was uncovered through evidence gathered from charities and lawyers.

In R (MXK and others) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the court heard evidence gathered from charities and lawyers about an unpublished Home Office policy to detain at the border those with continuing leave to remain and NHS debt. Individuals were questioned about their debt for several hours. This was despite the fact the debt has no relevance to the individual’s re-entry to the UK.

The home secretary initially denied the policy existed, but later disclosed the policy during the course of the litigation, although she denied the policy should have been published.

Delivering judgment, Mr Justice Chamberlain held the women and young children were falsely imprisoned by the home secretary without justification. He held the home secretary had breached her duty to consider the impact of the policy on protected groups, including women, who are known to be disproportionately affected by NHS charging.

Chamberlain J said: ‘The fact that the policy is unpublished supplies a further reason why it is unlawful.’

Janet Farrell, partner at Bhatt Murphy, said: ‘The detention of our clients was humiliating and distressing.

‘This judgment shows how vital it is that policies concerning the use of coercive powers such as detention are published so victims can hold the government to account in court in a meaningful way.’ 

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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