Damages Claim Settled for £60,000 Following 6 Months in Detention

The Home Office has agreed to pay damages of £60,000 to a Sri Lankan national who was detained while attending a routine reporting appointment and remained in detention for six months.

At a Glance

Claim: false imprisonment against the Home Office
Detention: six months, from January 2018 to July 2018, after attending a routine reporting appointment
Argument: a history of complying with reporting conditions and a low flight risk classification meant alternatives to detention should have been considered
Outcome: the claim settled for £60,000, avoiding both a Case and Costs Management Conference (CCMC) and a full contested trial

Background:

The Claimant lawfully entered the UK in December 2001 on a six-month visitor visa. After the expiry of this visa he stayed in the UK, which led to the detentions on three separate occasions, in 2008, then 2015, and in 2018.

The present claim concerns the third and final period of detention.

In January 2018, just two days after he submitted further legal arguments setting out why his removal from the UK would be unlawful, he was taken into detention when he turned up for a routine reporting appointment. His detention lasted for 6 months, finishing in July 2018.

In a span of these 6 months, the Claimant raised an asylum claim, made a formal allegation that he had been a victim of torture (known as a “Rule 35” report), and was assessed as an “Adult at Risk.” He brought a legal challenge (Judicial Review) against the rejection of his case. Both his asylum application and his human rights claim were rejected. In order to release him, the Claimant’s legal representatives relied on these facts, and on the fact that, for certain periods, the Home Office could not remove him at all because it lacked the necessary travel documents.

Issue:

It was argued, taking into account all of these circumstances, history of complying with reporting conditions, and his classification as a low flight risk, that The Home Office had no proper basis for continuing to detain him, and should instead have considered alternatives such as reporting conditions.

After his release in July 2018, following a review panel’s agreement that his continued detention could no longer be justified he filed a claim alleging false imprisonment.

Compensation:

The Claimant sought general compensatory damages for the loss of his liberty and the harm suffered, aggravated damages reflecting the distressing circumstances of his treatment, exemplary damages in respect of the allegedly oppressive conduct of the Home Office, and special damages for specific financial losses.

Outcome:

The claim settled for £60,000 in damages, avoiding both a Case and Costs Management Conference (CCMC) and a full contested trial.

Frequently Asked Questions

Can I claim compensation if the Home Office detained me for months?

You may be able to. If your detention was unlawful, a false imprisonment claim may be available, depending on the facts. In this case, a six-month detention led to a £60,000 settlement.

Can detention be unlawful if I complied with my reporting conditions?

It may be argued. In this case, it was argued that a history of complying with reporting conditions and a low flight risk classification meant the Home Office should have considered alternatives to detention. The claim settled, so there was no court ruling.

Can I still claim for unlawful detention if my asylum claim was refused?

Possibly. Whether your detention was lawful is a separate question from whether your immigration claims succeeded. In this case, the asylum and human rights claims were rejected, and the false imprisonment claim still settled.

What damages can be claimed for unlawful immigration detention?

Claims can include general damages for loss of liberty and the harm suffered, aggravated damages, exemplary damages and special damages for specific financial losses. The amount depends on the facts of each case.

Think your detention may have been unlawful?

Find out where you stand. Get in touch with ZH Law.

London: 0203 887 7306 | Leicester: 0116 365 6400 | enquiries@zh-law.co.uk

This article is provided for general information only and does not constitute legal advice. Immigration law and Home Office guidance are subject to change. Advice should be obtained on the particular circumstances of each case.