In R (KG) v SSHD (CO/386/2016) we have been granted permission to challenge the policy and application of Detention Centre Rules 34 and 35. These rules outline the Secretary of State’s obligation to guarantee that a medical practitioner carries out a mental and physical examination of all detainees, in order to ascertain whether or not detention is suitable in each case.
We are challenging the current policy and practice on the grounds that the Home Office’s procedures for ensuring compliance with the rules are not operating lawfully/effectively; clients are being detained without a proper medical assessment on the suitability of detention.
This litigation could have a significant impact on thousands of asylum-seekers, by compelling the Secretary of State to implement effective safe-guards against the detention of the most vulnerable individuals.
We are also looking to challenge the lack of an equivalent safeguard to a Rule 35 examination for those held in prison under immigration powers.