London Daily

Focus on the big picture.
Saturday, Aug 01, 2026

Union considers legal action over Channel refugee ‘pushbacks’

Union considers legal action over Channel refugee ‘pushbacks’

Border Force staff express concern at Priti Patel’s proposed tactic of forcing boats back to France

Border Force guards, who the government says will be asked to turn refugee boats in the Channel around, are considering applying for a judicial review to stop the tactic from being used.

Officers from the PCS union have said they are prepared to launch a high court challenge to the lawfulness of Priti Patel’s plans. The home secretary has maintained that the tactic of intercepting and sending back boats to France would be within the law.

Documents from the Home Office seen by the Guardian show that the government’s own lawyers have warned ministers that the tactic could lead to a legal challenge from a union or possible strike action.

It emerged last week that counsel warned the home secretary that the odds of successfully defending a challenge are “less than 30%”.

The number of asylum seekers crossing the English Channel hit a new daily record of 1,185 on Thursday.

Three people were feared lost at sea after two kayaks were found adrift off the coast of Calais on Thursday. There has been a spate of recent deaths and disappearances of those people trying to reach the UK across the Channel.

Kevin Mills, the PCS lead for Border Force, said: “We have examined the possibility of launching a judicial review. PCS is in consultation with its members and a number have raised direct concerns about the pushback tactic – the safety and if it is legal.

“If someone dies, it won’t be Priti Patel taking the body out of the water. And to say that the officers concerned won’t be prosecuted does not help our members’ mental health,” he told the Guardian.

A document circulated within the Home Office in September outlined government lawyers’ concerns that unions could launch a successful challenge if ministers go ahead with “pushback” plans.

“We have commenced the required three weeks of formal consultation with the three relevant Home Office trade unions on the operational proposals,” the document said.

“While consultation requires listening, responding and, where possible, reaching mutual agreement in basic terms we can ultimately proceed without trades union agreement,” the document said.

The document warned that unions could take industrial action, apply for a judicial review or use the Employment Rights Act to challenge the tactic.

“However, there are the potential risks of the trades unions taking strike action or action short of a strike following a ballot and they could also be the source of a legal challenge. They may apply for a judicial review and support individual claims – including under section 44 of Employment Rights Act,” it said.

Enver Solomon, the chief executive of the Refugee Council, said: “The union is right to challenge pushbacks as cruel, dangerous and in conflict with international law. Conservative prime ministers since Winston Churchill have welcomed people, regardless of how they have reached our shores, who through no fault of their own have had to flee for their lives.”

Patel is under increasing pressure from Boris Johnson and Conservative MPs to cut the numbers making the crossing. The home secretary promised to make the route “unviable” in August 2020.

The Guardian first heard of the plans to push back boats in the Channel from Conservative MPs who had meetings with Patel in early September following a surge of crossings.

Days later, the Home Office announced that they aimed to turn around boats, despite warnings from the French authorities, unions and refugee charities that it could endanger lives.

Home Office sources insisted that Border Force guards were being trained to employ the tactic in specific circumstances, but union officials warned that they could envisage few circumstances where it would be viable.

Lucy Moreton, from the Immigration Services Union that also represents Border Force guards, said the plan would never work because France would not engage with it. “This announcement makes it more likely that some could jump into the sea when they are approached to ensure their boat is not turned back,” she said.

At the Conservative party conference in October Patel said she would move forward on the plan to turn back boats after consulting the prime minister.

“Boris [Johnson] and I have worked intensively with every institution with a responsibility to protect our borders. Border Force, the police, the National Crime Agency, maritime experts – and yes, the military – to deliver operational solutions, including new sea tactics, which we are working to implement to turn back the boats,” she said.

Patel also appeared before the House of Lords in October, and insisted that the practice of sending boats back to France would be within the law. Asked by Baroness Shami Chakrabarti if she had received legal advice regarding the pushback of boats. Patel replied: “There is a legal basis for it.”

The Home Office said it does not comment on leaks or legal advice. Dan O’Mahoney, the “clandestine Channel threat commander”, said: “Migrants making these dangerous crossings are putting their lives at risk and it is vital we do everything we can to prevent them and break the business model of the criminal gangs exploiting people.

“As part of our response it is important we have a maritime deterrent in the Channel, and Border Force officers are authorised, trained and stand ready to use safe and legal options to stop these deadly crossings.”

Newsletter

Related Articles

0:00
0:00
Close
Finland Deploys Commercial-Scale Thermal Batteries Using Crushed Rock to Store Renewable Grid Energy
Valued at $109 Million: F-35B Fighter Jet Crashes in Southern California
Sainsbury Agrees to Sell Argos in £120 Million Deal to Private Consortium
High Court Clears Way for Construction of Chinese Embassy at Royal Mint Court
UK Fuel Prices Climb to Multi-Month Highs as Strait of Hormuz Tensions Disrupt Oil Supplies
Severe Summer Drought and Record Heat Put UK Harvests at Risk
Prime Minister Andy Burnham Faces Labour Backbench Opposition Over Potential Support for New North Sea Oil and Gas Drilling
Bank of England Warns Inflation Will Stay Above 3% as Middle East Energy Shock Prolongs Cost-of-Living Pressures
Andy Burnham has Announces Plans to Redistribute Income Tax Revenue to English Mayors
Early-Release Scheme Faces Fresh Scrutiny as Reoffending and Prison Recalls Rise
Police Phone Checks Followed Report on Murder of MI5 Agent Inside Sinn Féin
Archbishop of Canterbury Reaffirms £100 Million Reparative Justice Fund During Ghana Visit
Charities Allege French Police Used Tear Gas Against Channel Migrants
Norwegian Teenager Convicted Over Iran-Linked Murder Plot in Britain
Christian Organisations File Charity Complaints Against Amnesty International UK
Ofgem Tightens Grid Connection Rules for New Data Centres
FTSE 100 Reaches Record High Despite Global Technology Sell-Off
Millions of UK Households Urged to Check Eligibility for Winter Energy Discount
Labour Restores Parliamentary Whips to Diane Abbott and Joani Reid
UK Supreme Court to Hear Challenge Over Palestine Action Ban
UK Commits More Than £8.4 Billion to Dreadnought Nuclear Submarine Programme
England Declares Severe Drought as Wildfire Burns Near Sizewell Nuclear Site
Bank of England Holds Interest Rates at 3.75% as Middle East Tensions Fuel Inflation Risks
Drought Status Extended Across All of Wales as Heat and Dry Weather Deepen Environmental Strain
Record-Low Danube Exposes Probable Mammoth Remains in Bulgaria
UK Business Confidence Climbs to Four-Month High
Greater Manchester Gains Expanded Powers Under Regional Funding Reforms
UK Supreme Court to Hear Appeal Over Palestine Action Terror Ban
Shell's Quarterly Profit Doubles to Nearly $10 Billion on Higher Energy Prices
UK Government Removes VAT From Household Electricity Bills
Exceptional Drought Grips Half of England as Wildfire Threatens Sizewell
Bank of England Holds Interest Rates at 3.75% as Inflation Risks Persist
US Says It Has Carried Out Heavy Strikes on Iran After Attempted Attacks on Its Forces
The chief executive of the popular gaming company laid off many employees and his pay rose to 38 million dollars
UK Employment Holds Steady as Wage Growth Remains Moderate
England to Introduce Artificial Intelligence into Secondary School Curriculum
Wales Launches £1.2 Billion Industrial Regeneration Programme
High Court Upholds UK Digital Surveillance Framework
Northern Ireland Reaches Budget Agreement on Infrastructure and Public Sector Pay
Home Office Expands Digital Border Checks Nationwide
UK Approves Major North Sea Wind and Carbon Capture Project
The World's Most Terrifying Smartphone: Recording, Documenting, and Reporting to the Regime
Scotland Approves Major Renewable Energy Expansion
UK and United States Sign AI and Semiconductor Cooperation Pact
UK Treasury Tightens Fiscal Controls After Gilt Market Volatility
Bank of England Holds Interest Rates at 4.5%
UK Unveils £10 Billion NHS Funding Overhaul and Workforce Reform
The AI User Nightmare: Private Claude Conversations Leaked to the Internet
UK: Former Football Association Leaders Call for World Cup Boycott Over FIFA Privatization Plan
Forbidden Love: China severs millions from their virtual partners
×