Home Office urged to settle asylum claims over unlawful detention

Asylum seekers are urging the Home Office to settle more than 100 claims for detaining them unlawfully at Manston, the controversial processing centre in Kent for people crossing the Channel on small boats.

If the mass claim is settled ministers will have to foot a hefty bill for the failures of the previous government, which could run into hundreds of thousands of pounds. One mass claim involves 96 people, both adults and children. Other similar claims have also been lodged with the Home Office.

Newly arrived asylum seekers are only supposed to be held at Manston for a maximum of 24 hours, but between September and November 2022 the site experienced severe overcrowding, with 4,000 people at one point crammed into a space designed for a maximum of 1,600. There was a mass outbreak of diphtheria, one man died after contracting the infection, conditions were squalid and police investigated reports of assaults by some guards.

At a hearing in the high court on Friday relating to the claim lodged by 96 people of unlawful detention and ill-treatment at Manston, details of conditions involved in one of the cases emerged. Many arrived with post-traumatic stress disorder, some were victims of trafficking and torture and some of the women were pregnant, with a case of miscarriage at the site reported.

Lawyers argued that the treatment they were subjected to, such as lack of access to sanitary products for females and clean nappies for babies as well as Muslim women having to remove their hijabs in front of others amounted to “instances of humiliation” and breaches of their fundamental rights.

An order agreed in court acknowledges that those held for more than 24 hours at Manston without authorisation from the home secretary to extend their detention, were unlawfully detained.

Another court hearing has been scheduled for 23 October to give those involved in the case time to “explore settlement” before any further court hearing.

Following a separate legal challenge, the government has agreed to hold a public inquiry into the alleged mistreatment of asylum seekers at Manston. The former home secretaries Suella Braverman and Priti Patel could be called to give evidence about things that went wrong at Manston during their respective tenures.

While conditions at Manston have improved since the low point towards the end of 2022, with a focus on processing small boat arrivals within 24 hours and improved hygiene facilities, some concerns remain.

The children’s commissioner, Dame Rachel de Souza, recently visited after concerns were raised about child safeguarding. Since then further visits have taken place, with de Souza meeting Home Office officials and the borders inspectorate to share her concerns with them.

She said: “Children’s welfare must be the absolute top priority – without exception and regardless of their immigration status. My staff and I will continue to make regular visits; they are an important part of my work to keep those responsible for vulnerable children to account.”

A Home Office spokesperson said: “It would be inappropriate to comment while there are ongoing legal proceedings.”