The policy was applied to mothers with outstanding NHS debts for maternity care, resulting in their detention with their children at ports when trying to re-enter the UK.
The policy was found to be unlawful due to the Home Office's failure to publish it, resulting in individuals being falsely imprisoned without justification.
The women affected by the policy are from Mali and Albania, and the Albanian woman's debt is being challenged due to her being a victim of FGM.
The Home Office has confirmed the policy and is currently rewriting it.
Both women affected by the policy welcomed the judgment, and the Albanian woman said she was relieved that the judge agreed with her that the officers cannot use detention powers in this way.
The judgment highlights the importance of publishing policies concerning the use of coercive powers to allow victims to hold the government accountable in court.
LONDON DAILY ARCHIVE
High Court Finds Home Office's Secret Policy of Detaining NHS Debtors at Ports Unlawful
The Home Office's secret policy of detaining individuals with unpaid NHS debts at air and sea ports has been found to be unlawful by the High Court.
26 May 2023 · 22:53 UTC
