VS v The Home Office

VS v The Home Office

The Claimant's detention after completion of booking-in on 2 July 2012 was unlawful as he should have been immediately referred to Kent County Council as a minor; the subsequent interview and delay were not justified. The second period of detention from 17 July to 10 August 2012 was unlawful because the Defendant failed to comply with its own 'Assessing Age' guidance, as the summary age assessment provided by Kent County Council did not contain sufficient reasons to allow an independent evaluation of Merton compliance. The Defendant's failure to review continued detention in light of new evidence also rendered the later period unlawful.

Parties
Claimant: VS; Defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
22 July 2014
Procedural Posture
Claim for Damages for Unlawful Detention / Judgment on Liability
Outcome
Claim for unlawful detention succeeds; declarations of unlawfulness granted for both periods of detention. Assessment of damages deferred.
Legal Topics
Unlawful Detention, False Imprisonment, Age Assessment, Children's Rights, Immigration Control, Judicial Review, Damages
Public Law Immigration Law Tort Law Unlawful Detention False Imprisonment Age Assessment Children's Rights Immigration Control +2 more

Case Brief

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Parties

VS

Claimant

The Home Office

Defendant

Procedural Posture

Claim for Damages for Unlawful Detention / Judgment on Liability

Legal Issues

  1. 1 Whether the Claimant's detention on 2 July 2012 was lawful and, if so, the extent to which it was lawful
  2. 2 Whether the Defendant could lawfully rely on Kent County Council's assurance of a Merton-compliant age assessment for the Claimant's detention from 17 July 2012
  3. 3 Whether new evidence provided on 26/31 July 2012 rendered continued detention unlawful

Ratio Decidendi

The Claimant's detention after completion of booking-in on 2 July 2012 was unlawful as he should have been immediately referred to Kent County Council as a minor; the subsequent interview and delay were not justified. The second period of detention from 17 July to 10 August 2012 was unlawful because the Defendant failed to comply with its own 'Assessing Age' guidance, as the summary age assessment provided by Kent County Council did not contain sufficient reasons to allow an independent evaluation of Merton compliance. The Defendant's failure to review continued detention in light of new evidence also rendered the later period unlawful.

Court Disposition

Claim for unlawful detention succeeds; declarations of unlawfulness granted for both periods of detention. Assessment of damages deferred.

Orders

  • Declaration that the Claimant was unlawfully detained from 17:50 to 19:10 on 2 July 2012.
  • Declaration that the Claimant was unlawfully detained from 17 July to 10 August 2012.