London Daily

Focus on the big picture.
Thursday, Jul 23, 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
UK Government Reviews Long-Term Balance Between Cost Relief, Industry Support, and Public Investment Priorities
BBC Could Receive Permanent Royal Charter Under Government Proposal
Northern Ireland Proposes End to Severe Weather Exemptions for Electricity Compensation Rules
Andy Burnham Holds Talks With UK Devolved Leaders on Regional Cooperation and Devolution
House of Lords Launches Inquiry Into Risks Facing UK Democratic Institutions
ScottishPower Renewables Plans Major Rebuild of Whitelee Wind Farm With Fewer Larger Turbines
UK and Italy Leaders Discuss Global Combat Air Programme and Future European Cooperation
UK Government Announces Six Hundred Million Pound Aerospace Investment Package at Farnborough Airshow
European Union Approves UK Participation in Ninety Billion Euro Ukraine Support Loan Framework
Rolls-Royce Warns UK Government Over Jet Engine Funding Decision and Future Manufacturing Plans
UK Inflation Falls to Two Point Six Percent in June as Fuel and Food Prices Ease
Andy Burnham Begins Premiership With Two Pound England Bus Fare Cap and Electricity Tax Cut Plan
YouGov Poll Shows Tight Competition Among UK Political Parties
Space Technology Investment Expands Through UK-US Cooperation at Farnborough Airshow
UK Opens Final India Young Professionals Scheme Ballot for Three Thousand Applicants
United Kingdom Approved for Ukraine Financial Support Initiative With EU Partners
UK and Ireland Leaders Discuss Security, Energy and Regional Cooperation
British Heart Foundation Identifies Ten UK Areas With Severe Shortages of Defibrillators
Former Southern Water Executives Charged Over Alleged Water Test Manipulation Scheme
IMF Warns UK Economic Growth Will Slow to One Percent in 2026
UK Inflation Falls to Two Point Six Percent in June as Food and Energy Costs Ease
United Kingdom Joins European Union Loan Mechanism to Support Ukraine’s Defense Needs
Prime Minister Andy Burnham Introduces Two-Pound Bus Fare Cap and Energy Tax Relief Measures Across England
Northern Ireland Secures Additional Infrastructure Funding From UK Treasury
Wales Approves Port Investment Plans to Support Green Energy Supply Chains
UK Financial Regulator Simplifies Stock Market Rules to Attract More Listings
UK Reports Decline in Small Boat Crossings Across the English Channel
UK Government Creates Emergency Support Fund for Financially Pressured Universities
Scottish Government Launches Economic Strategy Focused on Innovation and Renewable Industries
UK Expands Sustainable Farming Incentives to Support Environmental Measures
UK Government Introduces New Neighbourhood Policing Standards Across England and Wales
UK Competition Regulator Opens Review of Artificial Intelligence Foundation Models
UK Deepens Indo-Pacific Security Cooperation After Talks With Singapore and Japan
UK Announces Rail Modernisation Plan for Northern England With New Infrastructure Funding
UK Government Updates Housing Planning Rules to Accelerate Residential Construction
UK Approves Major North Sea Offshore Wind Project to Support Clean Power Goals
UK Health Service Begins Major Digital Upgrade to Cut Hospital Waiting Times
Bank of England Holds Interest Rates Steady as UK Inflation Pressures Remain Persistent
UK Universities and Industry Expand Space and Defense Research Partnerships
House of Lords Approves Social Housing Bill Amendments on Shared Ownership Rights
House of Lords Advances Civil Aviation Bill With New Passenger Protection Measures
UK Government Suspends Tariffs on Fertilizer and Food Imports to Reduce Costs
Russell Group Universities Support New UK Business Department Focused on Innovation
UK Parliament Opens Inquiry Into Transport Barriers Facing Young Jobseekers
Home Builders Federation Calls for Lower Costs as New UK Government Sets Housing Priorities
Andy Burnham Meets UK Devolved Leaders to Strengthen Regional Cooperation
Andy Burnham Holds First International Calls With Trump, Macron, and Zelenskyy
Andy Burnham Reshuffles Cabinet With John Healey Appointed Chancellor of the Exchequer
Andy Burnham Government Removes VAT From Electricity Bills to Cut Household Costs
Andy Burnham Becomes United Kingdom Prime Minister After Sir Keir Starmer Resigns
×