B & Ors v The Home Office

B & Ors v The Home Office

The Secretary of State failed to comply with her own policy by not considering alternatives to detention and not giving proper consideration to the welfare and best interests of the children. Both periods of detention were unlawful as they breached policy, international obligations, and the Hardial Singh principles. The claimants are entitled to declarations that the entire periods of detention were unlawful.

Parties
Claimant: B; Claimant: X; Claimant: Y (by her Mother and Litigation Friend B); Claimant: Z (by his Mother and Litigation Friend B); Defendant: THE HOME OFFICE
Jurisdiction
England and Wales
Judgment Date
12 May 2016
Procedural Posture
Civil / Judgment on Liability
Outcome
Judgment for the claimants; detention declared unlawful.
Legal Topics
False Imprisonment, Detention of Children, Immigration, Judicial Review, Damages
Public Law Human Rights Tort False Imprisonment Detention of Children Immigration Judicial Review Damages

Case Brief

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Parties

B

Claimant

X

Claimant

Y (by her Mother and Litigation Friend B)

Claimant

Z (by his Mother and Litigation Friend B)

Claimant

THE HOME OFFICE

Defendant

Procedural Posture

Civil / Judgment on Liability

Legal Issues

  1. 1 Whether the detention of the claimants (including children) by the Secretary of State was lawful under domestic and international law and policy.
  2. 2 Whether the Secretary of State complied with her own policy regarding detention of children and families.
  3. 3 Whether the periods of detention breached the Hardial Singh principles and Article 5 ECHR.

Ratio Decidendi

The Secretary of State failed to comply with her own policy by not considering alternatives to detention and not giving proper consideration to the welfare and best interests of the children. Both periods of detention were unlawful as they breached policy, international obligations, and the Hardial Singh principles. The claimants are entitled to declarations that the entire periods of detention were unlawful.

Court Disposition

Judgment for the claimants; detention declared unlawful.

Orders

  • Declaration that the entire periods of detention (12 September to 7 November 2008 and 19 December 2008 to 18 February 2009) were unlawful.
  • Directions for assessment of quantum of damages.