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for the Home Department [2023] EWHC 1272 (Admin), the court heard evidence gathered from charities and lawyers about an unpublished Home Office policy to detain at the border those with continuing leave to remain and NHS debt.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Chamberlain J said: ‘The fact that the policy is unpublished supplies a further reason why it is unlawful.’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.’
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