Court Orders UK Government to Pay Over £203,000 to Nigerian Man for Unlawful Detention

In a ruling on September 15, 2024, the High Court ordered the Secretary of State for the Home Department (SSHD) to pay Nigerian national Mr Adegboyega over £203,995.24 in damages following his unlawful detention at Brook House Immigration Removal Centre for 88 days in 2017.

Mr Adegboyega, who had the right to remain in the UK as the spouse of an EEA national, was held despite his legal status.

The court found that his detention not only violated his rights but also subjected him to inhumane conditions, which were documented in a Panorama undercover investigation that raised serious concerns about the treatment of detainees at Brook House.

Mr Adegboyega’s claims against the SSHD included unlawful detention, trespass to the person due to an incident in his cell, violations of Article 3 of the European Convention on Human Rights (ECHR) concerning poor detention conditions, psychiatric injury, breaches of the Immigration (European Economic Area) Regulations 2006, and violations of his Article 8 rights.

During the hearing, Judge Richard Roberts noted the shocking findings of the Brook House Inquiry, which confirmed systemic failings in the treatment of detainees.

While acknowledging the inquiry’s findings, the judge stressed that the court must still reach its conclusions based on the evidence presented.

He emphasized the unique circumstances of Mr. Adegboyega’s case, stating that the psychological trauma he experienced during his detention remained constant, affecting the assessment of damages.

The court determined that the basic compensatory damages for Mr Adegboyega’s unlawful detention should amount to £35,000, taking into account the impact on his dignity and reputation.

Additionally, the SSHD was found to have acted in a high-handed manner, resulting in £15,000 in aggravated damages for the humiliation and injury to Mr Adegboyega’s dignity.

The judge characterized the SSHD’s actions as not only unconstitutional but as an arbitrary exercise of executive power, warranting £25,000 in exemplary damages.

Addressing the issue of trespass to the person, the court awarded Mr Adegboyega £250 for a brief incident in his cell.

Furthermore, the judge confirmed that Mr Adegboyega’s treatment at Brook House amounted to a violation of Article 3 of the ECHR, resulting in an award of £26,000 for inhumane conditions.

The court also recognized that Mr Adegboyega had suffered moderate post-traumatic stress disorder due to his detention, awarding him £25,000 for pain, suffering, and loss of amenities.

The judge ruled that Mr Adegboyega was entitled to compensation for cognitive behavioural therapy amounting to £4,000 and damages for lost earnings between November 2015 and January 2018 totalling £38,955.

In light of the SSHD’s persistent failure to recognize Mr Adegboyega’s rights under EEA regulations, the court imposed an additional £30,000 in exemplary damages.

The court ultimately found that the SSHD’s conduct was not only oppressive but also indicative of a blatant disregard for the law, further justifying the awards for exemplary damages.

In its final ruling, the court held that while Article 8 rights had been violated, compensation for this violation had already been covered by the previously awarded damages, thereby avoiding any double counting.