Immigration Detention Claims

In the UK, detention centres can hold you in prison-like conditions with no clear time limit. But there are strict laws about who the Home Office can detain and why.
 

The Home Office can make mistakes, and sometimes even act unlawfully. If this has happened to you or someone you know, we may be able to help you build a case, get justice, and claim compensation.

Expert legal support for unlawful detention and false imprisonment claims

When an individual is held under immigration powers in an immigration detention centre, this detention is subject to certain laws and guidance. This includes limits on the lawful use of immigration detention in respect of vulnerable people, including victims of torture and serious ill-treatment, those who suffer from mental impairment or ill-health, children, pregnant women, victims of trafficking and modern slavery, as well as those who have suffered gender-based violence.

Immigration detention can have a lasting impact on individuals and families separated by the state. When an individual has been unlawfully detained in immigration detention centres, the individual can seek a civil claim for compensation.

We are able to assist with bringing judicial review challenges against the Home Office for unlawful detention, as well as civil claims for compensation for false imprisonment.

For enquiries relating to UK immigration law and visas, take a look at our Personal Immigration and Business Immigration pages.

Understanding if you have been unlawfully detained

You might have grounds for a case if:

  • You were separated from your child
  • Your detention wasn’t properly reviewed
  • You were physically or mentally unfit to be detained
  • You were assessed as an adult when you were a child
  • Someone you know has died while they were detained
  • Your detainment caused you to develop a medical condition
  • Your removal from the UK wasn’t possible within a reasonable period
  • You had a medical problem or disability which was made worse by detention
  • The Home Office made a mistake in your immigration case, and that mistake can be linked to the reasons you were detained.

We can help you make a claim even if only part of your detention was unlawful.

No matter what language you speak, we’ll find you the right interpreter or a lawyer who speaks your language. If you have disabilities, we can put extra measures in place to help you.

With our specialist knowledge of human rights law, our lawyers will work tirelessly to get you the justice you deserve, and hold the Home Office to account.

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Your rights as a detainee

No matter the reason you’re being detained, you have the right to:

 

  • Legal advice
  • Medical care
  • Practice your religion
  • Access your medication
  • Friends and family visits (organised through the official channels)
  • File a complaint if you feel your medical needs are being ignored or treated incorrectly.

We advise that you always keep a physical copy of your lawyer’s details with you, so you can contact us even if your phone is taken away. It’s also a good idea to have a physical copy of your doctor’s number, and any medical prescriptions.

Frequently asked questions about unlawful detention and false imprisonment  

The most common reasons people are detained are if the Home Office believes:

  • You entered the UK unlawfully
  • Your claim to asylum was refused and you can no longer appeal
  • You’re in the UK without an immigration status or a pending application
  • Your asylum application was rejected because you’re protected by another country
  • You missed your allocated Home Office signing event (required by the Home Office if your asylum application is still in progress).

You can be held for multiple of the above reasons. But according to the Home Office’s own policy, you shouldn’t be detained if you can’t be removed from the UK within a reasonable period. This might include where there were certain barriers to your removal.

In addition, special rules must be followed if you:

  • Are pregnant
  • Are aged 70 or over
  • Are a survivor of torture
  • Are transsexual or intersex
  • Suffer from a severe physical disability
  • Suffer from post-traumatic stress disorder
  • Are a survivor of sexual or gendered violence
  • Have a mental health condition or a learning difficulty
  • Are a survivor of human trafficking or modern slavery
  • Suffer from other serious physical health conditions or illnesses.

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