False Imprisonment Claim Settled for £50,000 Following 84-Day Detention

The Home Office has agreed to pay damages of £50,000 to an Indian national who was detained for 84 days after his immigration leave was curtailed without the decision being properly served on him.

At a Glance

A false imprisonment claim against the Home Office settled for £50,000 after an 84-day immigration detention. The key points:

Claim: false imprisonment and negligence against the Home Office
Detention: 84 days, including time at Colnbrook Immigration Removal Centre
Cause: the decision curtailing the Claimant’s immigration leave was never served on him
Settlement: £50,000 in damages, agreed at the Pre-Trial Review stage without going to trial
Immigration outcome: release on immigration bail, a successful human rights claim, and indefinite leave to remain granted in June 2020

Settlement of the False Imprisonment Claim

The claim concerned allegations of false imprisonment and negligence. It was settled at the Pre-Trial Review stage and therefore did not proceed to trial.

Background to the Unlawful Detention

The Claimant lawfully entered the UK in December 2016 on a spouse visa after marrying a British national. The relationship subsequently broke down in the context of domestic abuse.

In August 2017, the Claimant’s former spouse ended the marriage and required him to leave their home. She subsequently notified the Home Office that the relationship had ended. Following that notification, the Home Office decided to curtail the Claimant’s immigration leave.

However, the curtailment decision was not served on the Claimant. Consequently, he was unaware that his immigration leave had been curtailed and that the Home Office considered him liable for removal.

Immigration Detention and Article 8 Human Rights Claim

In June 2018, immigration officers detained the Claimant at his workplace as part of a planned operation. The officers informed him that he was unlawfully present in the UK and handcuffed him. He was subsequently taken to Colnbrook Immigration Removal Centre, where he remained in detention.

While detained, the Claimant was served with a notice inviting him to make further submissions. He responded by raising a human rights claim under Article 8 of the ECHR, explaining that he had experienced domestic abuse and arguing that he should be permitted to remain in the UK on that basis.

Despite the claim, the Home Office continued to pursue his removal and set removal directions for only a few days later. The Claimant subsequently instructed us to assist with securing his release from detention.

Immigration Bail, Release and Immigration Outcome

The Claimant was eventually granted immigration bail by the First-tier Tribunal and was released after spending 84 days in detention.

He later succeeded in his human rights claim before the First-tier Tribunal. In June 2020, he was granted indefinite leave to remain in the UK as a victim of domestic violence.

False Imprisonment Compensation Proceedings Against the Home Office

After his release, the Claimant brought a claim against the Home Office for false imprisonment and negligence. He said he should never have been detained because the Home Office had not served the curtailment decision that made him liable to removal.

He claimed for all 84 days of detention and for the physical and psychological harm it caused, together with aggravated and exemplary damages.

The Home Office did not take the case to trial. At the Pre-Trial Review stage, the case was settled through inter-party negotiations, and the Home Office agreed to pay the Claimant £50,000 in damages.

Why This False Imprisonment Settlement Matters

The settlement emphasises the importance of properly serving immigration decisions and carefully considering any outstanding human rights claims before taking steps to detain or remove an individual.

False Imprisonment Claim Against the Home Office: Frequently Asked Questions

Can I claim compensation for false imprisonment by the Home Office?

You may be able to. If you were held in immigration detention and the detention was unlawful, you may have a claim for false imprisonment against the Home Office. Whether a claim is available depends on the facts, including why you were detained and how long you were held.

Can immigration detention be unlawful if the curtailment decision was never served?

It may be. In this case, the claim was that the Claimant should never have been detained because the curtailment decision, which made him liable to removal, had not been served on him. The claim settled before trial, so the court did not rule on the point. Each case turns on its own facts.

What damages can be claimed for unlawful immigration detention?

Claims can include compensation for the loss of liberty for each day of detention and for physical or psychological harm caused by it. In this case, the Claimant also claimed aggravated and exemplary damages. Any award or settlement depends on the facts of the individual claim.

How much compensation can you get for unlawful detention in the UK?

There is no set figure. The amount depends on factors such as the length of detention and its impact on you. In this case, the Home Office agreed to pay £50,000 for an 84-day detention, but this does not mean the same result will follow in another case.

How long do I have to bring a false imprisonment claim against the Home Office?

The general time limit for a false imprisonment claim is six years from the date of detention. Claims based on a breach of human rights are generally subject to a shorter one-year limit, and personal injury claims to three years. It is sensible to take advice early, as evidence can be harder to gather over time.

Does winning my immigration case mean my detention was unlawful?

Not automatically. Whether you were lawfully detained is a separate question from whether your immigration application or human rights claim succeeded. In this case, the Claimant later won his human rights claim and was granted indefinite leave to remain, and he also brought a separate compensation claim for the detention itself.

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.