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.
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