London Daily

Focus on the big picture.
Saturday, May 30, 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
Japanese Technology Firm Fujitsu Launches Advanced Artificial Intelligence Tool for Corporate Disclosures
South Africa Officially Launches Nationwide Campaign for Highly Contested Local Government Elections
United Kingdom Commits Additional Funding for Unexploded Ordnance Clearance in Laos
Singapore Announces Stringent New Greenhouse Gas Regulations for Commercial Cooling Systems
Cambodia and Thailand Hold High-Level Border Security Talks at United Nations Headquarters
Myanmar Military Government and China Sign Major Agreement to Upgrade Media and Cultural Cooperation
Knife Attack at Swiss Train Station Leaves Three Injured in Suspected Act of Domestic Terrorism
Transnational Extortion Gang Threatens Canadian Police With Army of One Thousand Armed Operatives
Australia Imposes Forty-Two-Day Quarantine on Cruise Ship Passengers Following Deadly Hantavirus Outbreak
International Monetary Fund Unlocks Seven Hundred Million United States Dollars for Sri Lanka Following Economic Reforms
Australia Launches Record One Point Four Billion Dollar Lawsuit Against Chemical Giant 3M Over Contamination
China and Canada Foreign Ministers Meet in Ottawa in Effort to Stabilize Strained Diplomatic Ties
Indonesia Demands Urgent United Nations Security Council Reform Amid Escalating Global Conflicts
Extreme Weather Patterns Trigger Severe Drought in Madagascar and Destructive Flooding in East Africa
Indian State of Karnataka Faces Political Upheaval as Chief Minister Siddaramaiah Abruptly Resigns
Philippines and Japan Reaffirm Defense Ties as Crucial for Indo-Pacific Regional Stability
Norway Joins French Nuclear Deterrence Initiative in Major Shift for European Security Architecture
Global Critical Mineral Alliances Expand as Western Nations Move to Counter Chinese Supply Dominance
United States Imposes Fifty Percent Tariffs on Mexican Steel and Aluminum Ahead of Trade Pact Review
European Union and China Head Toward Major Trade Conflict Over Clean Technology Exports
United States Economic Growth Severely Downgraded to One Point Six Percent as Stagflation Fears Mount
World Health Organization Warns Central African Ebola Epidemic is Outpacing Containment Efforts
United States Treasury Department Conditions Sanctions Relief on Reopening of the Strait of Hormuz
Iranian Air Defenses Intercept and Destroy United States Military Drone Over Bushehr Province
Iranian Armed Forces Launch Ballistic Missiles Toward Unspecified Targets Prompting Regional Condemnation
United Nations Secretary-General Warns Global Order Facing Highest Level of Conflict Since 1945
Israel Issues Sweeping Evacuation Orders in Southern Lebanon Amid Intensified Hezbollah Conflict
Russia Announces Systemic Military Strikes Targeting Ukrainian Defense and Energy Infrastructure
United States and Iranian Negotiators Reach Draft Agreement to Extend Ceasefire and Resume Nuclear Talks
United Nations Security Council Deeply Divided Over United States Capture of Venezuelan President
US and Iran Exchange Direct Military Strikes Amid Fragile Gulf Ceasefire
World Health Organization Warns of Catastrophic Ebola Outbreak in DR Congo
Russia Threatens New Wave of Strikes on Ukrainian Infrastructure and Embassies
Scientists Warn Atlantic Ocean Currents Could Collapse Faster Than Projected
Anthropic Reaches $900 Billion Valuation in Historic AI Funding Round
Washington Imposes Crippling Sanctions on Iranian Maritime Authority
Japan and the Philippines Initiate Strategic Intelligence-Sharing Pact
Microsoft Deploys Autonomous Computer-Using AI Agents to Global Markets
Anthropic Secures $45 Billion Compute Infrastructure Agreement With SpaceX
U.S. Director of National Intelligence Resigns Amid Administration Shakeup
Micron Technology Crosses Trillion-Dollar Valuation Amid Unprecedented Hardware Demand
Canada and Germany Finalize Historic Long-Term LNG Export Agreement
China Expands International Travel Restrictions on Domestic AI Researchers
Japan Approves Sweeping Overhaul of National Intelligence Apparatus
Global Airlines Scramble Logistics as Middle East Airspace Remains Fractured
Japan's Naphtha Imports Plunge 47 Percent Amid Strait of Hormuz Closure
Global Crude Prices Retreat Below $96 as Gulf Tensions Momentarily Ease
Generative AI Outperforms Human Baselines in Landmark Global Creativity Study
NASA Partners With Private Aerospace to Unveil Permanent Lunar Base Architecture
South Korean Equity Markets Surge on Next-Generation Memory Chip Frenzy
×