13 Apr Napier Barracks: Two Day Trial Begins in High Court on 14 April
Tomorrow the High Court will begin a two day trial before the honourable Mr Justice Linden to determine whether the Home Secretary’s use of the former military Napier Barracks as asylum support accommodation was lawful.
The claim is brought by 6 Claimants in 5 joined claims, in which the Claimants argue that the accommodation provided was wholly inadequate and contrary to the Home Office’s own published policies and standards and risked breaching their Articles 2, 3 and 8 human rights. The Claimants also allege that they were falsely imprisoned during their times in the barracks.
Napier Barracks has been used to accommodate around 400 asylum seekers in dilapidated and overcrowded communal conditions since September 2020. That was despite multiple warnings from NGOs that the barracks were completely unsuitable to house so many residents, many of whom have complex needs stemming from fleeing violence, persecution, and torture.
The trial was ordered by the High Court on an expedited basis after the High Court granted permission in February for the claim to proceed. At the permission hearing the Court heard that the Home Office had ignored advice from Public Health England that Napier Barracks was unsuitable.
Clare Jennings, Director of Matthew Gold and Co who represents the Claimants XD and YZM says:
“For over 4 months our clients, and their fellow residents at Napier barracks endured what they describe as unbearable “prison-like” living conditions. They shared dormitory accommodation with up to 13 other men, and bathrooms with too few toilets and showers. In January of this year Covid-19 spread like wildfire through the barracks. An outbreak that was all but inevitable given the cramped communal living conditions within the barracks. We hope that the Court will determine that accommodating our clients in the barracks was unlawful and breached their human rights and provide justice for our clients”.
The hearing can be accessed by video link by contacting the Administrative Court.
The Claimants are all anonymised pursuant to a Court Order and cannot identified for legal reasons. The case references are: NB v SSHD CO/312/2021, M & F v SSHD CO/329/2021, OMA v SSHD CO/397/2021, XD v SSHD CO/354/2021, YZM v SSHD CO/402/2021.
Clare Jennings and Olivia Halse at Matthew Gold and Co. represent two of the Claimants (XD and YZM). Counsel instructed are Shu Shin Luh and Antonia Benfield of Doughty Street Chambers.
Emily Soothill, Sue Willman Ahmed Ali and Rosa Potter from Deighton Pierce Glynn are instructed by NB, M, F and OMA. Counsel instructed in those claims is Tom Hickman QC of Blackstone Chambers and Leonie Hirst of Doughty Street Chambers.
Liberty and Joint Council for the Welfare of Immigrants (“JCWI”) have both been permitted to file written interventions in the proceedings. Zoë Leventhal of Matrix Chambers, Ben Amunwa and Admas Habteslasie are instructed by Liberty. Sonali Naik QC and Ali Bandegani of Garden Court Chambers are instructed by Freshfields on behalf of JCWI.
For enquiries please contact MG&Co on 020 8445 9268.