England and Wales Case Law

MXV, R (on the application of) v The Secretary of State for Home Department

The Secretary of State did not breach Article 3 ECHR operational or systems duties, as all reasonable steps were taken to facilitate clinical assessment and treatment for HIV in detention. Detention was lawful under Hardial Singh principles and Article 5 ECHR until 1 June 2024, but became unlawful thereafter due to lack of realistic prospect of removal within a reasonable period following relisting of the appeal. The Secretary of State did not fail to comply with published policies or commit public law errors.

Source excerpt

• Immigration detention
• Article 3 echr
• Article 5 echr
• Hardial singh principles
• Adults at risk policy
• Hiv treatment in detention

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AR (Whether restrictions amount to a deprivation of liberty), Re

The Court of Protection held that AR’s supported living placement was not a deprivation of liberty under Article 5 ECHR, despite substantial restrictions and supervision.

• Capacity to decide residence, care and contact
• Deprivation of liberty
• Article 5 echr
• Article 8 echr
• Contact arrangements
• Supported living

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Medway Council v The Father & Anor

The consents given by O’s father to the restrictions and supervision in O’s care, school, and respite arrangements fall within the zone of his parental responsibility, are in O’s best interests, and therefore do not amount to a deprivation of liberty requiring court authorisation. The application for authorisation is unnecessary and dismissed.

Source excerpt

• Deprivation of liberty
• Parental responsibility
• Children with disabilities
• Article 5 echr
• Gillick competence

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HPT, R (on the application of) v Secretary of State for the Home Department

The court granted permission for judicial review over immigration detention, refused interim release, and allowed only limited redactions of disclosure.

• Immigration detention
• Judicial review
• Duty of candour
• Redaction of documents
• Adults at risk policy
• Article 5 echr

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HPT, R (On the Application Of) v Secretary of State for the Home Department

HPT, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 1038 (Admin) (17 April 2026)

The court granted judicial review permission over immigration detention and refused interim release, while allowing only limited redactions and rejecting anonymity challenges to civil servants' names.

• Immigration detention
• Deportation
• Hardial singh principles
• Article 5 echr
• Adults at risk policy
• Duty of candour

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BA (A Child), Re (DOLS in Hospital)

BA (A Child), Re (DOLS in Hospital) [2026] EWHC 653 (Fam) (20 March 2026)

The High Court authorised BA’s deprivation of liberty briefly in hospital to permit transition to a children’s home, stressing the need for education and suitable provision.

• Deprivation of liberty
• Children's welfare
• Inherent jurisdiction
• Education provision
• Article 5 echr
• Mental health

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T (Inherent Jurisdiction: Deprivation of Liberty)

T (Inherent Jurisdiction: Deprivation of Liberty) [2026] EWCA Civ 307 (19 March 2026)

Court of Appeal allowed a local authority appeal and authorised deprivation of liberty for a 17-year-old, holding that no secure placement was available and welfare risks were significant.

• Deprivation of liberty
• Inherent jurisdiction
• Children act 1989
• Secure accommodation
• Best interests
• Article 5 echr

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Truter v Secretary of State for Justice

Truter v Secretary of State for Justice [2026] EWHC 825 (KB) (12 February 2026)

The High Court held that unlawful curfew and reporting conditions in Approved Premises amounted to false imprisonment and an Article 8 breach, but not an Article 5 deprivation of liberty.

• False imprisonment
• Article 8 echr
• Article 5 echr
• Approved premises
• Licence conditions
• Victim status

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MXV, R (On the Application Of) v Secretary of State for the Home Department

MXV, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 251 (Admin) (10 February 2026)

The High Court held that MXV’s immigration detention was unlawful only from 1 to 19 June 2024. It found no Article 3 breach, and no breach of policy.

• Immigration detention
• Article 3 echr
• Article 5 echr
• Adults at risk policy
• Antiretroviral treatment
• Fitness to travel

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Medway Council v The Father & Anor

Medway Council v The Father & Anor [2026] EWHC 236 (Fam) (06 February 2026)

The High Court held that a father could lawfully consent to restrictive care arrangements for his severely disabled 15-year-old daughter, so no deprivation of liberty order was needed.

• Deprivation of liberty
• Parental responsibility
• Children with disabilities
• Article 5 echr
• Gillick competence
• Deprivation-of-liberty

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