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30 November 2017
Issue: 7772 / Categories: Legal News , Legal aid focus , Legal services , Immigration & asylum , Human rights
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Detention fears for immigrants

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Lawyers highlight lack of access to legal help & shocking rise in litigants in person

Judges, barristers, solicitors and immigration specialists have voiced a string of concerns about the government’s treatment of immigration detainees.

They spoke under conditions of strict anonymity for an independent study commissioned by the Bar Council and published this week, Injustices in Immigration Detention, written by Dr Anna Lindley of the School of Oriental and African Studies (SOAS), University of London.

The lawyers slated inflexible Home Office rules and target-obsessed officials, and complained of a lack of access to legal help for detainees.

Judges claimed Home Office officials give misleading information to tribunals and present them with ‘elliptical nonsense’ when challenging bail applications. Lawyers accused Home Office officials of overlooking key details, reluctance to disclose important information at tribunal hearings, incompetence and, as one barrister put it, being ‘on some sort of mission to imprison people’.

Lawyers giving evidence for the report highlighted the lack of access to legal help. One judge spoke of the ‘shocking’ rise in unrepresented litigants in person. In some areas, nearly a third of bail applicants were unrepresented.

Solicitors say the low means test for legal aid is a stumbling block for detainees—clients rarely have the necessary financial documents with them at their appointment, and often have difficulties accessing this information in detention.

Chair of the Bar Andrew Langdon QC said: ‘Dr Lindley’s research paints a picture of officials acting with little accountability, unable or unwilling to pursue obvious and viable alternatives to detention.

‘The quality of decision-making by immigration officers is exacerbated by the difficulties faced by detainees in obtaining legal advice and representation.’

A government spokesperson said: ‘Home Office Presenting Officers are provided with extensive training which includes specific training on bails and they do not have targets to keep people in detention. When assessing new work both the Legal Aid Agency and providers are obliged to ensure that clients meet the means and merits tests set out in regulations.

‘Most people detained under the Immigration Act powers spend only very short periods in detention. Factors that can lead to prolonged detention include a history of absconding, non-compliance with immigration processes and a prolific offending history.’

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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