*/
The UK’s reputation is at risk without reform to the government’s treatment of immigration detainees, the Bar Council warned.
A report commissioned by the Bar Council revealed the widespread concerns of judges and lawyers over the government’s treatment of immigration detainees.
Injustices in Immigration Detention, by Dr Anna Lindley of London’s School of Oriental and African Studies, is based on a series of practitioner interviews. The report condemned the inflexible Home Office rules and target-obsessed officials, which according to one judge meant that ‘too many people are being banged up’.
Home Office bail summaries were universally lambasted and judges berated Home Office officials for giving misleading information to tribunals and for presenting them with ‘elliptical nonsense’ when challenging bail applications.
‘Some are quite good… others are incompetent, and some seem to be on some sort of mission to imprison people,’ said one barrister, echoing the perspective of many others.
Other interviewees criticised officials for adhering rigidly to ‘stupid’ codes, overlooking key details and being reluctant to disclose important information at tribunal hearings. Insufficient training and supervision were also blamed for wasting time and taxpayers’ money.
Bar Chair, Andrew Langdon QC said: ‘The Home Office is one of the great offices of state, but the quality of its decision-making is unacceptably poor. Dr Lindley’s research paints a picture of officials acting with little accountability, unable or unwilling to pursue obvious and viable alternatives to detention.’
He said: ‘If we cannot remove or detain people fairly and in accordance with the rule of law, we fail to live up to the standards we expect of others.’
Langdon said the complexity of immigration law and difficulties faced by detainees in obtaining legal advice and representation added to the problems.
‘The UK has an otherwise well-deserved international reputation for upholding the rule of law. By not addressing problems with immigration detention, we put that reputation at risk. We expect other countries to follow the rule of law and so we must practice what we preach,’ he said.
In light of the report, the Bar Council made recommendations, including a 28-day time limit for administrative detention, judicial oversight of detention arrangements and that legal aid for advice and representation should be available for challenging detention decisions.
Apart from the human cost, Langdon said the annual £125m cost of immigration detention and compensation paid to those wrongly detained was a ‘questionable use of scarce public money’.
The UK’s reputation is at risk without reform to the government’s treatment of immigration detainees, the Bar Council warned.
A report commissioned by the Bar Council revealed the widespread concerns of judges and lawyers over the government’s treatment of immigration detainees.
Injustices in Immigration Detention, by Dr Anna Lindley of London’s School of Oriental and African Studies, is based on a series of practitioner interviews. The report condemned the inflexible Home Office rules and target-obsessed officials, which according to one judge meant that ‘too many people are being banged up’.
Home Office bail summaries were universally lambasted and judges berated Home Office officials for giving misleading information to tribunals and for presenting them with ‘elliptical nonsense’ when challenging bail applications.
‘Some are quite good… others are incompetent, and some seem to be on some sort of mission to imprison people,’ said one barrister, echoing the perspective of many others.
Other interviewees criticised officials for adhering rigidly to ‘stupid’ codes, overlooking key details and being reluctant to disclose important information at tribunal hearings. Insufficient training and supervision were also blamed for wasting time and taxpayers’ money.
Bar Chair, Andrew Langdon QC said: ‘The Home Office is one of the great offices of state, but the quality of its decision-making is unacceptably poor. Dr Lindley’s research paints a picture of officials acting with little accountability, unable or unwilling to pursue obvious and viable alternatives to detention.’
He said: ‘If we cannot remove or detain people fairly and in accordance with the rule of law, we fail to live up to the standards we expect of others.’
Langdon said the complexity of immigration law and difficulties faced by detainees in obtaining legal advice and representation added to the problems.
‘The UK has an otherwise well-deserved international reputation for upholding the rule of law. By not addressing problems with immigration detention, we put that reputation at risk. We expect other countries to follow the rule of law and so we must practice what we preach,’ he said.
In light of the report, the Bar Council made recommendations, including a 28-day time limit for administrative detention, judicial oversight of detention arrangements and that legal aid for advice and representation should be available for challenging detention decisions.
Apart from the human cost, Langdon said the annual £125m cost of immigration detention and compensation paid to those wrongly detained was a ‘questionable use of scarce public money’.
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
A comparison – Dan Monaghan, Head of DWF Chambers, invites two viewpoints
And if not, why not? asks Louise Crush of Westgate Wealth Management
Marie Law, Head of Toxicology at AlphaBiolabs, discusses the many benefits of oral fluid drug testing for child welfare and protection matters
To mark International Women’s Day, Louise Crush of Westgate Wealth Management looks at how financial planning can help bridge the gap
Casey Randall of AlphaBiolabs answers some of the most common questions regarding relationship DNA testing for court
Marking Neurodiversity Week 2025, an anonymous barrister shares the revelations and emotions from a mid-career diagnosis with a view to encouraging others to find out more
David Wurtzel analyses the outcome of the 2024 silk competition and how it compares with previous years, revealing some striking trends and home truths for the profession
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier
Patrick Green KC talks about the landmark Post Office Group litigation and his driving principles for life and practice. Interview by Anthony Inglese CB
Desiree Artesi meets Malcolm Bishop KC, the Lord Chief Justice of Tonga, who talks about his new role in the South Pacific and reflects on his career
