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Duncan Lewis Solicitors is challenging conditions in Immigration Removal Centre Brook House (16 November 2017)

Date: 16/11/2017
Duncan Lewis, Main Solicitors, Duncan Lewis Solicitors is challenging conditions in Immigration Removal Centre Brook House

Duncan Lewis’ Public Law team in Harrow are representing five detainees who have lodged a wide-ranging challenge at the High Court to the lock-in regime and living conditions at Brook House Immigration Removal Centre (IRC). The G4S-run detention centre, near Gatwick Airport, was recently the subject of a BBC Panorama documentary showing undercover footage of violent verbal and physical abuse by officers towards detainees.

What are they challenging?

  • Our clients are challenging “lock-ins,” the practice of locking detainees in their cells for up to 13.5 hours a day as well as the conditions in detention, especially with regards to sanitation.
  • The claimants are arguing that the lock-in regime and cell conditions violate fundamental human rights under the European Convention on Human Rights (ECHR), including:
    Article 3 (right not to be subjected to inhuman and degrading treatment);
    Article 5 (right to liberty);
    Article 8 (right to a private and personal life); and
    Article 9 (freedom of thought, conscience and religion).
  • As well as arguing that conditions go against the ECHR’s corresponding right under the EU Charter of Fundamental Rights.
  • They also submit that the regime and conditions in Brook House IRC are discriminatory and without due regard to the Equality Act 2010.

What are they asking for?

  • The claimants are asking the Courts to declare the lock-in regime, conditions in detention, as well as their own detention, unlawful.
  • They also seek a mandatory order that the Home Office stops the lock-in regime and improves conditions in detention.
  • For interim relief (until the Court makes a final ruling), the claimants have asked the Court to order their release, a suspension of the lock-in regime and for an immediate improvement in detention conditions.

Why is this challenge important?

  • If the case is successful, this may significantly improve current conditions in detention.
  • Similar lock-in processes operate at other IRC’s and we at Duncan Lewis are looking into this.
  • The interim relief hearing is due to be take place on Friday 17 November.

The claimants are represented by the Harrow Public Law Team; counsel includes Stephanie Harrison QC and Raza Halim, both of Garden Court Chambers.

For more information please contact Harrow Public Law Director Toufique Hossain:

Tel: 07920 077037

Email: toufiqueh@duncanlewis.com

Call us now on 033 3772 0409 or click here to send online enquiry.
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