The High Court rules detention under mental health policy unlawful

Thursday 26 April 2012

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Stephanie Harrison appeared for the succesful claimant in R (on the application of HA (Nigeria)) v Secretary of State for the Home Department [2012] EWHC 979 (Admin). Singh J concluded that the claimant's immigration detention during two periods in 2010 and the policy introduced on 26 August 2010 in relation to the detention of people with mental illness had been unlawful.

It was stated that during the period leading up to the claimant's transfer to the hospital in July 2010, the detention had violated Article 3 ECHR amounting to degrading treatment. It was held that, inter alia, the policy introduced on 26 August 2010 in relation to detention of people with mental illness was unlawful in breach of the Defendant's duties under section 71 of the Race Relations Act 1976 and section 49A of the Disability Discrimination Act 2005.

To read the full judgement click here.

Stephanie Harrison is a member of Garden Court Chambers Immigration Team.

 

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