Medical Justice (Respondent) v Secretary of State for the Home Department (Appellant)

Case summary

Case ID

UKSC/2025/0065

Parties

Appellant(s)

Secretary of State for the Home Department (SSHD)

Respondent(s)

Medical Justice

Issue

Did the Court of Appeal err in upholding the High Court’s finding that the Respondent had a legitimate expectation to be consulted in respect of policies issued by the Appellant concerning immigration detention, arrangements of healthcare and safeguarding of detained people?

Facts

The Appellant is the Secretary of State for the Home Department (“SSHD”). The Respondent is a charity which, through a network of doctors, facilitates the provision of medical assessments, advice and assistance to people who are detained in immigration removal centres. The Respondent’s work involves the provision of medico-legal reports to the SSHD on behalf of detainees to support claims that they are vulnerable in immigration detention and so should be released in accordance with the SSHD’s adults at risk policy. In 2022, the SSHD issued guidance establishing a process by which its caseworkers should, in certain cases where a detainee claims to be at risk on the basis of an external medico-legal report, seek a second opinion from a Home Office contracted professional (the “Second Opinion Policy”). The Respondent challenged the Second Opinion Policy by way of judicial review essentially on two grounds: (1) it is unlawful because it is inconsistent with s.59 of the Immigration Act 2016 and statutory guidance issued thereunder; and (2) the SSHD was under a common law duty to consult the Respondent about the introduction of the Second Opinion Policy but failed to do so. The High Court allowed the claim on both grounds and quashed the Second Opinion Policy. The Court of Appeal allowed the SSHD’s appeal on the first ground but dismissed the SSHD’s appeal on the second ground. The SSHD now appeals to the Supreme Court in relation to the second ground.

Date of issue

22 April 2025

Case origin

PTA

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