Mental health charity Mind says Home Secretary abandons appeal in the case of HA (Nigeria) on inhuman and degrading treatment in immigration detention
Home Secretary backs down in mental health court battle
Posted Monday 18 February 2013
Mental health charity describes 'shocking and systemic failings' for immigration detainees
The Home Secretary has taken a last minute decision to pull out of her appeal in the case of a Nigerian man (HA) [1] with mental health problems who experienced inhuman and degrading treatment while in immigration detention.
The charities Mind [2] and Medical Justice (represented by Sue Willman of Deighton Pierce Glynn Solicitors) [3], who were given permission to intervene in the appeal, say that, in taking this decision, the UK Border Agency (UKBA) effectively accepts that its policy of detaining people with mental health problems in immigration detention led to a serious breach of HA's human rights.
During his time in detention, HA was not given appropriate medical treatment and as a result he descended into an acute mental health crisis that left him lying on the floor of his cell for hours on end, drinking from the toilet, avoiding other detainees and refusing food and medication for weeks at a time.
In April 2012, the High Court judgment by Mr Justice Singh, found the Home Secretary had unlawfully detained HA [4]. And that his treatment was so bad that it was inhuman and degrading (in breach of Article 3 of the European Convention on Human Rights). They also decided that it violated his right to physical and mental integrity (in breach of Article 8 of the European Convention on Human Rights). The High Court further held that the Home Secretary had failed to consider the equality impact of her policy of detaining people with mental health problems.
Martha Spurrier, lawyer in Mind's Legal Unit, said:
"Mind intervened in this case because HA's experience is just one of many cases of shocking and systemic failings in the provision of mental health care to immigration detainees, who are some of the most vulnerable people in the UK."
"This is the fourth case in two years to identify a breach of the absolute prohibition of inhuman and degrading treatment in immigration detention [5], something that the UK Border Agency should be ashamed of."
"We are now calling on the UK Border Agency to urgently review its policy to prevent more suffering. If it does not, there is a risk that these cases of ill-treatment will lead to deaths in immigration detention".
Emma Mlotshwa, Co-ordinator of Medical Justice, said:
"Medical Justice volunteer doctors have assessed many detainees and documented the toxic effect of indefinite immigration detention on mental health. This, coupled with disturbingly inadequate healthcare in immigration removal centres, demonstrates that a policy review is urgent as the risk of death is real."
In 2012 John Vine, the UKBA Chief Inspector and HM Inspectorate of Prisons highlighted unacceptable failures to provide adequate mental health care in the immigration detention estate. In their intervention, Mind and Medical Justice provided evidence and expertise to show that people with serious mental health problems should not be detained in immigration detention, and that mental health care in detention should meet approved clinical standards so as to safeguard the rights of detainees. The charities look forward to being urgently consulted on the equality impact assessment.
For further information, please contact:
• The Mind media team on T: 020 8522 1743 M: 07850 788514 E: media@mind.org.uk ISDN line available: 020 8221 0817
• HA's solicitor – Hamish Arnott at Bhatt Murphy Solicitors on T: 020 7729 1115 E: arnotth@bhattmurphy.co.uk
• Emma Mlotshwa at Medical Justice on E: e.mlotshwa@medicaljustice.org.uk T: 07904 778 365.
Notes to editor:
[1] R (HA (Nigeria)) v Secretary of State for the Home Department [2012] EWHC 979 (Admin).
[2] www.mind.org.uk
[4] Judgment available at: http://www.bailii.org/ew/cases/EWHC/Admin/2012/979.html
[5] R (BA) v Secretary of State for the Home Department [2011] EWHC 2748 (Admin); R (D) v Secretary of State for the Home Department [2012] EWHC 2501 (Admin); R (S) v Secretary of State for the Home Department [2011] EWHC 2120 (Admin); and R (HA (Nigeria)) v Secretary of State for the Home Department [2012] EWHC 979 (Admin).