Brook House inquiry response compatible with Convention rights—R (D1914) v Home Secretary
Public Law analysis: This case concerned an application for judicial review brought by three claimants (D1914, AAA and AVY) challenging the Secretary of State for the Home Department’s response to the Brook House Inquiry report. The claimants argued that the Secretary of State had failed to adequately implement the inquiry’s 33 recommendations following on from the scandal identified in 2017 of mistreatment of detainees at the Brook House Immigration Removal centre. However, Mrs Justice Lang refused the application on determining that the Secretary of State had not failed to discharge the investigative or systems duties imposed by article 3 of the European Convention of Human rights contrary to section 6 of the Human Rights Act 1988, in not fully implementing all the recommendations of an inquiry which investigated mistreatment at an immigration removal centre. The recommendations had been substantially met, or were in the process of being met, and any decisions not to accept certain recommendations were a reasonable exercise of her executive discretion. Further the court held the Secretary of State had not breached any provision of the Inquiries Act 2005. Written by Tim Baldwin, barrister at Garden Court Chambers.