The case, which concluded in 2010, came to light following a freedom of information request made by The Guardian newspaper.
It dates back as far as 2005 when Bhatt Murphy Solicitors mounted a judicial review of the Home Office’s policy for disputing the age of asylum-seekers, on behalf of the children.
This policy permitted immigration officers to treat child asylum-seekers as adults and to detain them without first properly assessing their age.
In response to the judicial review, the Home Office changed the law on detaining children whose ages are disputed, and after several year of legal wrangling, formally admitted that the 40 children had been unlawfully detained and agreed to pay compensation and legal costs.
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