The claimants in this case were two mothers and their children who were detained at Yarl's Wood Immigration Removal Centre. The families' claims for asylum in the UK had failed and they were taken from their homes and held at Yarl's Wood pending arrangements for their removal. The claimants alleged that their detention was unlawful, and that their rights under Articles 3, 5 and 8 of the European Convention on Human Rights had been breached.
The judge had regard to the extent to which the UK Border Agency (UKBA) had followed government policy when making the decision to detain the families. The policy requires that detention of a family with children should be a last resort and that all other reasonable alternatives must be examined. In addition, there is a duty to safeguard and promote the welfare of the child/children involved.
The court recognised that "detention is inherently and seriously harmful to the health and development of children" and held that the UKBA had failed to consider the welfare of the children when deciding to detain the families. In particular, the UKBA had failed to complete a family welfare form adequately. As the UKBA had failed to adhere to government policy, it was held that the detention of the claimants had been unlawful, and that their right to liberty and freedom from arbitrary detention under Article 5 had been violated. It was also held that their right to family life (Article 8) had been breached. The court held that there had not been a violation of Article 3 (right not to be subjected to inhuman, degrading treatment or torture).
OTHER RECENT DECISIONS
Case name T (A Child)
Case number [2010] EWCA Civ 1527
Case name K (A Child)
Case number [2010] EWCA Civ 1546
