Legal action
Ensuring immigration detainees have the support they need to challenge decisions
Published: 31 March 2023
Last updated: 31 March 2023
What countries does this apply to?
Case details
| Protected Characteristic | Disability |
|---|---|
| Types of equality claim | Reasonable adjustments |
| Court or tribunal | Court of Appeal (Civil) |
| Decision has to be followed in | England, Wales |
| Law applies in | England, Scotland, Wales |
| Case state | Concluded |
| Our involvement | Intervention (section 30 of the Equality Act 2006) |
| Outcome | Judgment |
| Areas of life | Justice and personal security |
| Public sector equality duty | Yes |
| Human Rights law | Article 3: Freedom from torture and inhuman or degrading treatment, Article 5: Right to liberty and security, Article 8: Respect for your private and family life, home and correspondence |
Case name: MDA & ASK
The joined appeals in ASK and MDA concern the lack of Home Office guidance, policy or procedure to ensure that immigration detainees who lack capacity are provided with the assistance they require to assert their legal right to challenge immigration detention, segregation or deportation.
Legal issue
Do immigration detainees who lack capacity have the assistance they require to assert their legal right to challenge detention, segregation or deportation decisions?
Why we were involved
We work to ensure rules and practice governing entry into, exit from, and treatment in institutions respect equality and human rights standards.
What we did
We intervened using our powers under section 30 of the Equality Act 2006.
What happened
The Court found that the Secretary of State for Home Department had failed to make reasonable adjustments as required under s.20 and s.29 of the Equality Act 2010 and breached the Public Sector Equality Duty for both appellants
Who will benefit
As a result of this case, there should be Home Office guidance to ensure that immigration detainees who lack capacity are provided with the assistance they require to assert their legal right to challenge immigration detention, segregation and deportation.
Date of hearing
Page updates
Published:
31 March 2023
Last updated:
31 March 2023
