Unlawful Detention Compensation UK

You may be eligible to claim compensation within six years of your detention if the Home Office unlawfully detained you or failed to follow legal guidelines.

The compensation you can claim for unlawful detention depends on several factors, such as the length of detention, the impact on your health (physical and mental), and any financial losses.

If you believe you've been unlawfully detained, call Wembley Solicitors today at 0203 417 3700 to start your compensation claim against the Home Office.

Table of Contents

What Is Unlawful Immigration Detention?

Unlawful immigration detention occurs when an individual is detained by the Home Office without a legal basis or beyond a reasonable period.

The Home Office has the authority to detain people awaiting deportation or removal, or those whose immigration status is being investigated. However, they must do so within strict legal guidelines, and if they don't, the detention could be unlawful.

Unlawful detention happens when:

• There is no legal basis for holding the individual.
• The detention goes beyond a reasonable period.
• The Home Office fails to follow its own policies or public law duties.
• Detention continues despite evidence that the person cannot be removed in a reasonable timeframe.

Who Can Be Detained by Immigration Authorities?

Home Office or immigration authorities in the UK can detain non-British nationals who do not have a valid permission to stay in the UK or have breached visa conditions.

This includes:

• People who have overstayed their visa or leave to remain
• Asylum seekers whose claims have been refused
• Individuals who are subject to deportation or removal
• Those entering the UK without valid permission
• People suspected of breaching visa conditions

The Impact of Immigration Detention

Immigration detention can have serious emotional, physical, and psychological effects on individuals. Many detainees frequently suffer from anxiety, depression, and emotional distress, especially when unexpected or prolonged.

If you’ve experienced any of these effects while being unlawfully detained, it can strengthen your compensation claim.

How to Know If Your Detention Was Unlawful?

Your detention could be unlawful if the Home Office did not follow proper legal procedures, lacked valid reasons, or detained you for an excessive period.

Your detention may be unlawful if:

• There was no legal basis for your detention.
• Your detention exceeded a reasonable time period.
• The Home Office failed to follow its own detention guidelines or public law principles.
• You were detained without a valid reason or decision, or without following the proper process.

If you believe your detention was unlawful, contact Wembley Solicitors at 0203 417 3700 to review your case and help with your compensation claim.

What are the Hardial Singh principles on immigration detention?

The Hardial Singh principles, derived from a landmark court case, set out the guidelines for the lawful exercise of immigration detention powers. The principles state that detention must be for a reasonable period, only for the purpose of effecting deportation, and must be reviewed regularly to determine if it remains lawful and necessary.

The common law limits the Secretary of State’s exercise of powers of detention. Those limits were set out by Woolf J (as he then was) in R v Durham Prison Governor ex parte Hardial Singh [1984] 1 WLR 704 ("the four Hardial Singh principles"):

"First of all, it [the 1971 Act] can only authorise detention if the individual is being detained in one case pending the making of a deportation order, in the other, pending his removal. It cannot be used for any other purpose. Secondly, as the power is given in order to enable the machinery of the deportation to be carried out, I regard the power of detention as being impliedly limited to a period which is reasonably necessary for that purpose. What is more, if there is a situation where it is apparent to the Secretary of State that he is not going to be able to operate the machinery provided in the Act for removing persons who are intended to be deported within a reasonable period, it seems to be that it would be wrong for the Secretary of State to seek to exercise its powers of detention."

The Hardial Singh principles were unanimously endorsed in the landmark judgment of R (Walumba Lumba and Kadian Mighty) v Secretary of State for the Home Department [2011] UKSC 12, which reiterated at paragraph [22] the correctness of R (on the application of I) v Secretary of State [2002] EWCA Civ 888, in which Dyson LJ said at  paragraph [46]:

1. The SSHD must intend to deport the person and can only use the power to detain for that purpose;
2. The deportee may only be detained for the period that is reasonable in all the circumstances;
3. If, before the expiry of a reasonable period, it becomes apparent that the SSHD will not be able to effect deportation within that reasonable period, [s]he should not seek to exercise the power of detention;
4. The Secretary of State should act with reasonable diligence and expedition to effect removal.

Dyson LJ continued at paragraph [48] of I:

“It is not possible or desirable to produce an exhaustive list of all circumstances that are or may be relevant to the question of how long it is reasonable for the Secretary
of State to detain a person pending deportation pursuant to paragraph 2(3) of Schedule 3 to the Immigration Act 1971. But in my view they include at least:

• the length of the period of detention;
• the nature of the obstacles which stand in the path of the Secretary of State preventing deportation;
• the diligence, speed and effectiveness of the steps taken by the Secretary of State to surmount such obstacles;
• the conditions in which the detained person is being kept;
• the effect of detention on him and his family;
• the risk that if he is released from detention he will abscond; and
• the danger that, if released, he will commit criminal offences.”

The four Hardial Singh principles were neatly summarised by Michael Fordham QC (sitting as Deputy High Court Judge) in R(Muhammad) v SSHD [2017] EWHC 745 (Admin) as:

1. the purpose principle;
2. the duration principle;
3. the removability principle; and
4. the diligence principle.

Can You Claim Compensation for Unlawful Detention?

Yes, you can claim compensation for unlawful detention if it is proven that the Home Office failed to follow legal procedures or detained you without valid reasons.

Our specialist immigration solicitors in London can evaluate your case, confirm whether your detention was unlawful, and guide you through the compensation process.

What Is the Time Limit for a Compensation Claim?

If you've been unlawfully detained in the UK within the last six years, you can file a compensation claim against the Home Office.

You must file your unlawful detention claim within six years of your detention, but if personal injury is involved, the time limit is reduced to three years.

For human rights claims, like unlawful detention with mistreatment, the time limit is one year from the date of the incident.

How Much Compensation Can You Claim for Unlawful Detention?

In straightforward claims, courts may award £500 for the first hour and around £3,000 for 24 hours of unlawful detention. There is no fixed daily rate for compensation, and the actual award could be more or less, depending on various factors.

The compensation you can claim for unlawful detention varies based on detention length, health effects, and associated damages, including lost earnings.

Factors That Can Increase Your Compensation for Unlawful Detention

Factors that may increase the compensation amount include:

• The shock and distress of being detained
• Vulnerability of the detainee (e.g., mental health issues, children).
• Emotional or psychological harm
• Mistreatment by authorities
• Use of excessive force (e.g. unnecessary handcuffing)
• Denial of basic rights
• Reputational damage (for claimants of good character)
• Unlawful removal, in addition to detention

Factors That Can Reduce Your Compensation for Unlawful Detention

Some factors that may reduce the value of your compensation include:

• Settling Out of Court – Often results in lower compensation than a trial.
• Previous Lawful Detention – Reduces the impact of the initial shock.
• Tapering Effect – Early detention is valued more than later days.
• Claimant’s Conduct – Actions that extended detention may reduce compensation.

Immigration detention can feel more traumatic than prison due to the lack of certainty about release. So, courts may still award substantial compensation even after a long period.

How Long Does It Take to Receive Compensation for Unlawful Detention?

The Home Office typically responds within 3 months of a Letter Before Claim, and if they agree to settle, finalising compensation can take 3 to 4 months.

Each case is different, but many compensation claims for unlawful detention are resolved between 6 to 9 months if court proceedings aren’t required.

If they refuse to settle:

• We will assess your case and, if appropriate, issue court proceedings.
• We may also consult with Counsel before taking any legal action.
• Court cases can take longer, depending on complexity and the Home Office's conduct.

How to Claim Compensation for Unlawful Detention

Claiming compensation for unlawful immigration detention typically involves legal action, often through judicial review.

If successful, the court may grant compensation for the duration of the unlawful detention and any related damages.

Steps to Claim Compensation for Unlawful Detention:

1. Seek Legal Advice from Immigration Detention Solicitors
2. Gather Evidence to Support Your Claim
3. Initiate Judicial Review Proceedings
4. Receive Compensation Award

1. Seek Legal Advice from Immigration Detention Solicitors

The first step is to consult with a solicitor specialising in immigration law and human rights in the UK. At Wembley Solicitors, our specialist immigration solicitors will assess your case, confirm whether your detention was unlawful and advise about what to do next.

2. Gather Evidence to Support Your Claim

You will need to gather all relevant documents, including detention records, medical reports, and witness statements, to strengthen your claim. Our immigration solicitors will assist you in identifying and obtaining the necessary documents to strengthen your case.

3. Initiate Judicial Review Proceedings

If you believe your detention was unlawful, our solicitors can assist in initiating judicial review proceedings against the Home Office to challenge the lawfulness of your detention. The court will look at the facts. They'll decide if your detention was legal or not.

4. Receive Compensation Award

If the court finds your detention unlawful, you may receive compensation for the detention period and other damages like lost income and medical expenses.

Do You Need a Lawyer to Claim Compensation for Unlawful Detention?

While it’s not mandatory, it is highly recommended to consult with a lawyer who specialises in immigration law or unlawful detention claims.

An experienced lawyer can strengthen your claim, ensure you seek the right compensation, and meet all the strict deadlines.

Need Help with Your Unlawful Immigration Detention Claim?

If you believe you’ve been unlawfully detained and want to claim compensation, call our immigration solicitors at 0203 417 3700 today or fill in our enquiry form.