Which route to take to Sue the Home Office

[Blitz]

Thank you for all the contributions good people. I will post updates as of when they are available.

[Blitz]

Hi all. Just an update on my case.

Following help from my MP- I managed to get a 'limited Subject Access Request' from the Home Office. But only up until the date of the raid. So they have ommitted some information on my file.

In it is some damning information. They had the information on how I entered the UK- so they knew I came under EU law. Indeed on one of the correspondence on the SAR they confirmed that was the case before the raid occurred: "Subject entered lawfully under the Sukinder Singh judgement' yes- they even made clerical spelling mistakes.

So the Home Office attempting to plead negiglence of not checking my passport isn't sustainable anymore. It's now clear this is why they fought tooth and nail NOT TO GIVE ME MY FILE!

RE the search warrant as well- on the SAR they say "do not issue RED 0001 (IS. 96) because this will alert the Subject of the Hot tasked visit".

In my OP- I mentioned how they attempted to Enforce Removal using a search warrant. Apparently (according to my solicitor) that is unlawful as the HO are meant to follow due procedure and issue the IS 96, IS.151A and IS.151B before removal action is taken.

So there is now a clear case of 'malicious intent', willful ignorance of the facts and more importantly shortcuts were taken to ensure I would be disadvantaged to the maximum when they strike. In fact I have suspicions they were watching us to figure out our schedule.

Also- I finally got a Response from their Professional Standards Unit complaint team. As expected, it was filled with obfuscations, denial of the facts and absolving themselves of any blame. I asked them to escalate my complaint to the Head Of Professional Standards Unit. I was supposed to receive a response over a week ago. I sent them a letter asking them to publish their final conclusions as they were beyond the 20 day time limit stipulated in the Immigration Act.

Didn't Respond so now I have asked my MP to get involved again.

Also I have since received legal advice since my post from different lawyers. They all say that I should be tactical with a Judicial Review and include that with my UK Residency card decision, like @ Wise suggested. (which the time limit has now been extended thanks to their response).

However they also say that I should pursue the civil route for personal injuries, discrimination under the Equalities Act 2010 and assault by the Immigration Officers under the Offences Against the Person Act 1861 in the presence of a minor, just as @khers suggested.

Also thanks again @khers for your suggestion of the Parliamentary Ombudsman. Once I get their final submissions- which will be anytime now- my complaint should be ready to be escalated to them. My solicitor is convinced they will try and settle out of court because apparently "my case is a hot potato especially with the footage I managed to capture". He also suggested that this may work in my advantage for the UKRC decision due in November since we already have a court victory against them. So lawyer thinks at this stage they will want to get rid of me quickly and keep me quiet. But I am not convinced and given what they are saying, it seems to me they are willing to fight.

So its definitely heating up and I will post more updates as of/when I get them.

[Carling40]

Unfortunately if some things don't get brought out in the press you don't get justice, that's the hostile environment we now live in. Recent press coverage of what happens at the brook house detention centre clearly shows what's going on and has been going on for heaven knows how long and the powers that be all be acting surprised like they didn't know. The injustice and cover up in the system is an endemic disease. I hope you get justice

[Blitz]

Unfortunately if some things don't get brought out in the press you don't get justice, that's the hostile environment we now live in. Recent press coverage of what happens at the brook house detention centre clearly shows what's going on and has been going on for heaven knows how long and the powers that be all be acting surprised like they didn't know. The injustice and cover up in the system is an endemic disease. I hope you get justice

Quite right. That Panorama documentary was horrific. That said- it wasn't even the 1st of its kind and nothing's changed as you rightly pointed out. I thought about going to the media but I am concerned about plastering such a sensitive story out there- as I know I will inevitably get abuse from Far-Right trolls etc. There is definitely a case for it but at this point I am not quite sure the cost of going to the media will justify the benefits. I will see through the justice system and if the cover up continues it may well be worth revisiting the media idea. Thanks for your input.

[Carling40]

I totally agree going to the media is a double edged sword most especially with the rise of the far right out there. it's unfortunate and i'm sorry you've been through this awful ordeal. hopefully you can use your MP and rely on whats left of any credibility in the judicial system.
i wish you all the best.

[Blitz]

Hi all. Another quick update. Home Office finally responded giving me the option of Escalating my complaint to the Ombudsman after my MP wrote to them so the matter is now with the Ombudsman. However they did not give any findings- they just gave me the option of Escalation. Tactical by them or what? Thoughts?

Few questions-

- How effective is the PHSO? Anyone ever dealt with them? I would be grateful if you share your experiences with them.
- How long do they take to reach their conclusions?

[Blitz]

It has been a while since I updated this thread. But there have been some significant developments.

My complaint against the DVLA was upheld by the Ombudsman and I received compensation. But what was critical for us was the findings- the Ombudsman was brutal in their judgement against the DVLA and put the blame squarely at the Home Office's door, although the DVLA was found guilty of maladministration and wilful ignorance. So now this is being used against the Home Office in the proceedings.

In regards to the Home Office-
1. I exhausted their complaints procedure and as some had suggested they dismissed my complaint and got the Government Legal Department to back them up.
2. I then managed to get one of the top Barristers from Garden Court chambers to represent me.
3. All he did was send them a letter asking for full disclosure and notifying them that he would be submitting a comprehensive letter before a claim within 21 days.
4. Home Office scrambled like headless chickens- disclosed some information but not everything. They also "reviewed" their complaints procedure and hit a u-turn, upholding my complaint, albeit partially.
5. Offer came through today to settle under section 36 of the civil procedures but it was a paltry offer.
6. So now we will be submitting a counter offer along with criminal charges for the Immigration Officers concerned.

Some felt it wasn't worth the time and effort. But this is tonne and a bit of proof that while justice takes time and effort to be delivered it can be done.

All in all- the cat's out of the bag as far as I am concerned. They have nothing to defend themselves with except for underhand tactics and I have every intention to take this awful organisation and their rogue officers to the cleaners. Each victory I score now will be crucial post Brexit as there is so much uncertainty.

[vinny]

Here's another case relating to Immigration Officers' abuse of power:

Family visitor receives £125,000 damages for mistreatment by immigration officials > Radha Naran Patel v Secretary of State for the Home Department [2014] EWHC 501 (Admin) (30 July 2014) (unlawful actions and damages) *** UPDATE *** Home Office wins appeal against award of £125,000 damages > Patel, R (on the application of) v Secretary of State for the Home Department [2015] EWCA Civ 645 (24 June 2015)

[capetonian101]

WOW after reading everything on here im starting to wonder how it will be after Brexit if its already this bad

[Blitz]

Here's another case relating to Immigration Officers' abuse of power:

Family visitor receives £125,000 damages for mistreatment by immigration officials > Radha Naran Patel v Secretary of State for the Home Department [2014] EWHC 501 (Admin) (30 July 2014) (unlawful actions and damages) *** UPDATE *** Home Office wins appeal against award of £125,000 damages > Patel, R (on the application of) v Secretary of State for the Home Department [2015] EWCA Civ 645 (24 June 2015)

Thank you so much for sharing this. What was particularly useful was the spoliation of evidence by the Officers and the fact that the damages were upheld upon the HO appealing. I will pass this on to my Barrister. The target he set for us was substantially lower than this case and I was subject to more brutal treatment in the presence of my little boy. But perhaps JR proceedings awards are greater than County Court proceedings? I will hear what my counsel has to say and update.

[Blitz]

WOW after reading everything on here im starting to wonder how it will be after Brexit if its already this bad

Well, the Home Office were already deporting EU nationals until they were challenged:
https://www.theguardian.com/uk-news/201 ... d-unlawful.

In my opinion- post Brexit will be fair game for migrants. The tragic thing is that people tend to not know their rights, the HO know this and they exploit that lack of awareness.

[vinny]

Here's Santos, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 609 (Admin) (23 March 2016), relating to damages for false imprisonment and breach of EU law.

[vinny]

(1) What emerges from the guidance in Cancino (costs - First-tier Tribunal - new powers) [2015] UKFTT 59 (IAC) is that the power to award costs in rule 9 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 and rule 10 of the Tribunal Procedure (Upper Tribunal) Rules 2008 is to be exercised with significant restraint and that detailed examinations of other decided cases are unlikely to assist in deciding whether to award costs under either of those rules.

(2) Section 9 of the Tribunals, Courts and Enforcement Act 2007, read with the relevant procedure rules, enables the First-tier Tribunal to review, set aside and re-decide a case where, on the materials available to the judge deciding an application for permission to appeal, an error of law has occurred and (as in the present case) a party has thereby been deprived of a fair hearing. In the present case, such a course would have avoided the need for the matter to come before the Upper Tribunal and have resulted in a more expeditious outcome.

[007RAHEEL]

Any further update ?

[007RAHEEL]

WOW after reading everything on here im starting to wonder how it will be after Brexit if its already this bad

Well, the Home Office were already deporting EU nationals until they were challenged:
https://www.theguardian.com/uk-news/201 ... d-unlawful.


Any further update ?

In my opinion- post Brexit will be fair game for migrants. The tragic thing is that people tend to not know their rights, the HO know this and they exploit that lack of awareness.

[Blitz]

Further updates:

Criminal charges have now reached the Magistrates Court after the Police disappointingly washed their hands from investigating the Officers.

Settlement:
Home Office doubled their offer but it was still a paltry offer.

Barrister sent a detailed letter before a claim- and the Home Office have requested that they have a phone conference with him to discuss settlement.

The HO clearly do not want this to go to court and I suspect the Magistrates Court action has made them very jittery as well.

I feel- given the recent Windrush scandal that they just want to get rid of me now and move on to other crises at hand. I will update further in due course.

[tenby]

Continue the fight - don't give up no matter how long it takes. I would also be concerned if the involved officers have continued working as clearly they do not uphold the values of the HO and have therefore brought the HO reputation into disrepute - Corruption must end!!

[Blitz]

Continue the fight - don't give up no matter how long it takes. I would also be concerned if the involved officers have continued working as clearly they do not uphold the values of the HO and have therefore brought the HO reputation into disrepute - Corruption must end!!

Thank you for your words of support. But I have to question what HO values these are. There have long been allegations and scandals of discrimination and underhanfd tactics for a while now. Of course this issue was part of the Grounds of our legal action in both the Magistrates and County Court. The fact that the HO condoned such barbaric behaviour is concerning but unfortunately unsurprising.

But yes we will keep fighting- getting justice is not a swift process and we were aware of that from the getgo.

[kaffuk]

Keep fighting please and keep updating this thread. This is disgusting the way they treat lawful residents, this must end.