Unlawful Secret Home Office Policy to Detain UK Residents at Air and Seaports Revealed
The High Court has ruled that a covert policy implemented by the Home Office to detain individuals with the right to live in the UK at air and seaports is unlawful. The policy specifically targeted individuals with unpaid National Health Service (NHS) debts and was brought to light through evidence presented by charities and lawyers handling the cases of two mothers who were subjected to repeated detentions.
These women, who were in possession of valid leave to remain in the UK, were detained at ports upon their return from trips abroad to visit family. The reason for their detention was outstanding NHS debts related to maternity care, debts that were already known to the Home Office when granting them permission to stay in the UK.
Although the detentions of these women, along with their children, were relatively short in duration, the uncertainty surrounding their release caused significant distress and anxiety.
Home Office’s Unpublished Policy to Detain Individuals with Unpaid NHS Debts at Air and Seaports Ruled Unlawful
Border Force officials detained and investigated two women and their young children based on the Home Office system flagging them for having unpaid National Health Service (NHS) debts. However, in a recent judgment, Mr Justice Chamberlain found that the detentions were unjustified and amounted to false imprisonment by the Home Secretary, Suella Braverman. The judge also concluded that Braverman had failed in her duty to assess the policy’s equality impact on women, who are known to be disproportionately affected by NHS charging.
Throughout the case, the Home Office was requested to confirm and publish the policy, but it consistently refused to do so. However, as a result of the ruling, the Home Office has now disclosed the policy and announced its intention to rewrite it.
The two women involved in the case are from Mali and Albania. The woman from Mali, a survivor of female genital mutilation (FGM), incurred NHS debts due to multiple miscarriages and a stillbirth, and her debt is being challenged in light of her status as an FGM victim. The Albanian woman, on the other hand, is currently in the process of repaying her NHS debt.
The judge ruled in favor of the women, deeming the Home Office’s unpublished policy of stopping people at air and seaports to be unlawful. He emphasized the importance of publishing such policies to prevent the development of undisclosed practices that could result in the unlawful detention of numerous individuals before the illegality is exposed.
Both women expressed their relief and welcomed the judgment. The Albanian woman, who had been detained on at least eight occasions, spoke of the distress caused by the uncertainty and the fear of being detained every time they traveled to visit her family. She commended the Home Office’s decision to change its policy for individuals like her who have been lawfully residing in the UK for years and simply wish to return home without fear.
Janet Farrell, the solicitor representing both women from Bhatt Murphy Solicitors, described the detention as humiliating and distressing. She highlighted the significance of publishing policies concerning the use of coercive powers, such as detention, so that victims can hold the government accountable through meaningful court proceedings.
In response to the judgment, a government spokesperson stated that the Home Office is carefully considering its implications and intends to update and publish amended guidance shortly.
