Home Office unlawfully detained migrant child

Tuesday 22 July 2014

The High Court has ruled that the Home Office unlawfully detained a migrant child on two occasions. The child was represented by Shu Shin Luh.

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The High Court today handed down the judgment in VS v the Home Office. The Court found that the Home Office unlawfully detained a migrant child on two occasions (i) on 2 July 2012 when he arrived at port and was unnecessarily and unreasonably subject to an interview before being referred to child welfare services; and (ii) from 17 July to 10 August 2012 when he was detained unlawfully as an adult in reliance on a Kent social services age assessment pro forma. The Judge found that the Home Office was not entitled to rely on this pro forma and/or an assurance from Kent County Council, and that doing so was contrary to the Home Office’s published policy. The assessment of damages has been postponed until a later date.

For more information about the case, please see: VS v Home Office Note Judgment 22 7 2014. The judgment is also available: VS v the Home Office [2014] EWHC 2483 (QB).

Shu Shin was instructed for the claimant by Jessica Whitehead and Victoria Pogge von Strandmann of Maxwell Gillott Solicitors.

Shu Shin Luh is a member of Garden Court Chambers’ Community Care and Public and Administrative Law Teams.

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