Protecting a disabled person in immigration detention from improper treatment

Are the Article 3 rights of people who lack capacity in immigration detention infringed?

The detention of people with serious mental health conditions and the absence of procedural safeguards to protect their interests is a well evidenced and persistent problem that can give rise to inhuman and degrading treatment, which would be a breach of Article 3 under the European Convention on Human Rights.

In this case, the Court of Appeal was asked to determine whether unlawful detention and discriminatory denial of access to justice of a seriously mentally ill detainee is relevant when determining if their Article 3 rights have been breached.

We were concerned about the detention of people with serious mental health conditions and the absence of procedural safeguards to protect their interests. 

This case fits within our institutions priority where we scrutinise the rules and practise governing entry into, exit from and treatment in institutions so that they respect equality and human rights standards.

We intervened in this case. 

The Court of Appeal held that the SSHD had breached her duty to make reasonable adjustments in relation to detainees with serious mental health conditions. This is because she failed to consider what adjustments they required to effectively participate in decisions to detain and segregate. The Court of Appeal expressed concerns about the lack of procedural safeguards for such detainees. 

This case clarifies that the Secretary of State is required to consider and make adjustments in procedures where necessary for detainees with mental illness in relation to their detention.