R (oao Deptka & Sadlowski) v Secretary of State for the Home Department


The Home Office’s policy of detaining and removing rough sleepers had previously been found unlawful in the cases of R (on the application of Gureckis, Cielecki, and Perlinski) v Secretary of State for the Home Department.

This case dealt with the first of the contested damages hearings arising out of the Home Office’s unlawful detention of over 600 EEA nationals under the policy.

The Home Office was strongly criticised by the Court both for the way in which the Claimants were detained, and for its own conduct of the litigation.  Aggravated damages were awarded as a result. Awards totalling nearly £50,000 each were made in relation to each Claimant, for 154 days’ detention.

The second Claimant had tragically died shortly before the hearing, requiring a successful late-stage application for the case to be continued notwithstanding the absence of a representative of his estate.

The case was covered by the BBC and the Independent amongst others.

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