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Thursday, 22 April 2010

Unlawful detention claims for HIV+ detainees

Description unavailableImage by Phillip Green, New York City via Flickr
Source: Pierce Glynn

Pierce Glynn has issued urgent judicial review proceedings on behalf of two clients currently detained by the Home Office despite the fact that they are HIV+ and are not receiving adequate medical treatment for their condition while in detention.

Home Office guidance says that someone with a serious medical condition should only be detained if there are “very exceptional circumstances”; the Home Office has failed to justify detention in either case on the basis of any such circumstances. Additionally, the standard of healthcare provided in immigration removal centres falls well below that which is essential for people with such a serious condition; both clients have faced numerous situations during their detention of many months, where their essential medication has run out and where they have not been taken to vital appointments with their treating consultant. The cases are illustrative of concerns raised by NGOs and treating doctors working in this field and the final hearings are likely to take place in the next two months.

In a related case, Pierce Glynn have also secured the release of a detainee with the same health problems who had been detained for eight months, again with no exceptional circumstances to justify his detention. Following the threat of judicial review proceedings in correspondence, the Home Office agreed to release our client. The case will now be pursued as a claim for damages arising from the lengthy and unnecessary detention and the failure to provide appropriate medical care.
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