Duncan Lewis wins High Court challenge on behalf of clients detained in unlawful conditions at Brook House (BBC, Guardian, Independent) (2 February 2018)

Duncan Lewis’ Public Law team were instructed by two former detainees of Brook House IRC to lead a challenge against the Home Office for the conditions in Brook House which saw them locked up for more than 13 hours a day in unsanitary, poorly ventilated and overcrowded cells. It has been widely reported that yesterday, 1 February, the High Court ruled that the Home Office’s lenient policy on smoking inside cells is unlawful and the “lock in” regime is in breach of the Equality Act 2010 and in violation of fundamental human rights. The two Claimants argued that the conditions inside Brook House meant they were unable to practice Islam properly as they were forced to pray next to unscreened toilets. Mr Justice Holman ruled that by allowing this, the Home Office are indirectly discriminating against these detainees and their right to practice their religion. He also ruled that allowing smoking inside cells is an illegal policy. The Claimants were represented by Duncan Lewis’ Public Law team, including solicitors Lewis Kett and Sheroy Zaq, Director Toufique Hossain, trainee solicitors Puja Nandi, Dania Jawaid and caseworker Lottie Hume. Lewis states: “We welcome the findings that the home secretary has had absolutely no regard to the potential discriminatory effect of the lock-in regime at Brook House on Muslim detainees and their right to properly practise their religion. Our clients have been forced to pray next to unsanitary and unscreened toilets in cramped conditions. The home secretary must now immediately take steps to remedy this.”