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| UKBA backs down over use of force on children and pregnant women | UKBA backs down over use of force on children and pregnant women |
| (about 1 month later) | |
| The government has backed down on the use of force on children and pregnant women it seeks to remove from the UK. | The government has backed down on the use of force on children and pregnant women it seeks to remove from the UK. |
| Just before a high court challenge was due to start, the UK Border Agency reinstated a policy on its website which says that force must not be used against pregnant women and children except to prevent harm. The judge in the case, Mr Justice Turner, said of the move by the UKBA: "It's not appropriate in my view that policies of this importance should disappear and reappear." | Just before a high court challenge was due to start, the UK Border Agency reinstated a policy on its website which says that force must not be used against pregnant women and children except to prevent harm. The judge in the case, Mr Justice Turner, said of the move by the UKBA: "It's not appropriate in my view that policies of this importance should disappear and reappear." |
| The home secretary, Theresa May, faced a legal challenge in the high court from four asylum seekers – a pregnant woman and three children – who face removal from the UK. They argued that the government has no policy in place on use of force against pregnant women and children in detention and does not have the right to use force against them. HM Inspectorate of Prisons and several charities have documented the use of force against detained pregnant women and children. | The home secretary, Theresa May, faced a legal challenge in the high court from four asylum seekers – a pregnant woman and three children – who face removal from the UK. They argued that the government has no policy in place on use of force against pregnant women and children in detention and does not have the right to use force against them. HM Inspectorate of Prisons and several charities have documented the use of force against detained pregnant women and children. |
| Following a recent inspection at Cedars, a facility near Gatwick airport used to detain families before forced removal, HMIP called on the UKBA not to use force against pregnant women and children. The government rejected this recommendation, saying that not having the option to use force could delay removals. | Following a recent inspection at Cedars, a facility near Gatwick airport used to detain families before forced removal, HMIP called on the UKBA not to use force against pregnant women and children. The government rejected this recommendation, saying that not having the option to use force could delay removals. |
| HMIP found that force had been used against six of the 39 families who had been at Cedars by the time of the inspection. | HMIP found that force had been used against six of the 39 families who had been at Cedars by the time of the inspection. |
| It highlighted a particular incident in which a pregnant woman had the wheelchair she was using tipped up and her feet held by G4S staff after she resisted the "substantial force" they applied against her. | It highlighted a particular incident in which a pregnant woman had the wheelchair she was using tipped up and her feet held by G4S staff after she resisted the "substantial force" they applied against her. |
| But its inspectors added that the woman's husband had been disruptive the night before the planned removal, he had pushed and kicked doors, causing some damage. | But its inspectors added that the woman's husband had been disruptive the night before the planned removal, he had pushed and kicked doors, causing some damage. |
| In a letter of complaint she wrote: "The … woman from G4S pressed my belly. I cried from pain. I said: 'You hurt my belly, you hurt my baby.' She refused to stop. | In a letter of complaint she wrote: "The … woman from G4S pressed my belly. I cried from pain. I said: 'You hurt my belly, you hurt my baby.' She refused to stop. |
| "They began to drag me from wheelchair to floor, from floor to wheelchair. I was resisting. They were like animals. I was dragged through corridors, I was dragged like a dog." | "They began to drag me from wheelchair to floor, from floor to wheelchair. I was resisting. They were like animals. I was dragged through corridors, I was dragged like a dog." |
| G4S said: "In this incident our staff were concerned that the woman risked causing self-harm." It is understood that at least three complaints about the treatment of pregnant women at Cedars have been made. | G4S said: "In this incident our staff were concerned that the woman risked causing self-harm." It is understood that at least three complaints about the treatment of pregnant women at Cedars have been made. |
| The chief inspector of prisons, Nick Hardwick, said: "We are interested in what's happening on the ground, not what UKBA say is happening. We will be going back to check whether they have implemented these changes." | The chief inspector of prisons, Nick Hardwick, said: "We are interested in what's happening on the ground, not what UKBA say is happening. We will be going back to check whether they have implemented these changes." |
| Janet Farrell, of the law firm representing the four asylum seekers, said: "This U-turn by UKBA is a significant victory for all children and pregnant women within the immigration system. The UKBA must now undertake an urgent and proper consultation in respect of the use of force against these vulnerable groups." | Janet Farrell, of the law firm representing the four asylum seekers, said: "This U-turn by UKBA is a significant victory for all children and pregnant women within the immigration system. The UKBA must now undertake an urgent and proper consultation in respect of the use of force against these vulnerable groups." |
| Maggie Atkinson, the Children's commissioner for England, said: "The use of force against a child by any agent of the state must always be subject to clear and appropriate limitations. Such limitations are prescribed in every institutional setting with the exception of immigration detention. | Maggie Atkinson, the Children's commissioner for England, said: "The use of force against a child by any agent of the state must always be subject to clear and appropriate limitations. Such limitations are prescribed in every institutional setting with the exception of immigration detention. |
| "In the absence of transparent policy and guidance, the risk to children's wellbeing cannot be overstated." | "In the absence of transparent policy and guidance, the risk to children's wellbeing cannot be overstated." |
| The UKBA was not available for comment. | The UKBA was not available for comment. |
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