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On Monday, the House of Commons International Development Committee (IDC) published a report which found that the Government had failed to deliver on its Women, Peace and Security (WPS) policy commitments.
According to the Peace under pressure: Protecting WPS report, the UK’s willingness or ability to facilitate high-level discussion within the UN on WPS appears weak, despite commitments to the WPS agenda [24]. The report also raised concerns that the UK Government is “at risk of inflicting damage to its reputation as a WPS penholder and convenor” [27].
The Committee further pointed to the reduction in development and gender expertise within the Foreign, Commonwealth and Development Office (FCDO) as a significant hindrance to the WPS agenda [3]. Additionally, the Government was found to have reduced funding and resourcing for WPS initiatives [4].
The publication of the report comes at a time of the highest number of conflicts since 1946 [11] coupled with a growing global “anti-gender” movement and backlash against gender equality [13].
In other news:
In a landmark ruling, the California Superior Court ruled that Meta and Google were liable for creating addictive products that caused the deterioration of a young woman’s mental health. The social media companies were ordered to pay $3 million in compensatory damages.
The European Parliament plenary endorsed the opening of negotiations with the Council on a new legal framework for the return of people without the right to stay in the UK. The proposed Return Regulation would enable Member States to deport people to countries with no prior ties and require Member States to put in place measures to detect people staying irregularly in their territory.
The Metropolitan Police revised their enforcement approach in response to displays of support for Palestine Action, reversing their interim position – adopted after the High Court ruling that its proscription was unlawful – not to arrest its supporters.
The High Court ruled that the Home Secretary was in breach of her statutory duty to provide “adequate” initial accommodation (IA) for asylum seeking families [82] and [102].
Although IA is intended as a “stopgap” [2], asylum seeking people, including the Claimants, have been accommodated in IA for as long as 3 years, often in hotel rooms or hostels [3].
Bates J held that a hotel room provided for an asylum seeker and her family is not a “dwelling” for the purposes of Part X of the Housing Act 1985 (HA), on the basis that the accommodation is a temporary interim measure [34].
However, Part X HA is not “entirely irrelevant” when considering whether hotel accommodation meets the “adequate” standard, as provided by ss. 95-96 of the Immigration and Asylum Act 1999 (IA) [42].
The case stemmed from an application for judicial review of the adequacy of IA provided for a prolonged period to two asylum seeking mothers, SH and BWO, with dependent children. Bates J described the accommodation arrangements for SH – who shared a hotel room with her husband, their young school-age child and a newborn baby – as “extraordinarily stressful” [82]. The Court held that BWO’s living circumstances were “incompatible with personal dignity” because she was accommodated in a two-bed hotel room with her two sons of sexually mature ages and had to share a bed with one of her sons [100].
Bates J also confirmed that where the Home Secretary refuses a request for accommodation in a particular geographical area, she has a duty to identify the asylum seeking person’s needs and ensure that the accommodation outside the requested area is adequate to meet those needs [95]. There is no requirement for asylum seeking people to demonstrate “exceptional circumstances” to satisfy such a request [94].
Additionally, Bates J raised concerns that there was a lack of a specified minimum standards regarding the minimum amount of space that should be provided for families in hotel accommodation, prior to the Space Standards Paper circulated in June 2024. The Court held that the lack of policy or guidance had the potential to contribute to accommodation falling below the “adequate” standard [48].
Over 35,000 asylum seeking people – including 4,300 families – were being accommodated in hotels for IA purposes in September 2025 [3].
On Thursday, the European Court of Human Rights (ECHR) ruled that the deportation of an Afghan national would be a violation of the right to freedom from inhuman or degrading treatment as guaranteed by Article 3 of the European Convention on Human Rights [199].
The case concerned an order by the Swedish authorities to remove an Afghan national, DM, from Sweden, following several unsuccessful applications for asylum since 2015 [5 – 59]. DM alleged that, if deported, he would risk being ill-treated in Afghanistan [132].
In the first ECHR judgment of this type since the Taliban takeover in 2021, the Court held that an assessment of whether there was a real risk of ill-treatment had to be made on the basis of all relevant factors, considered cumulatively. The Court found that the Swedish authorities had erred when separately considering the individual factors, including the “serious and fragile” security situation in Afghanistan, the deterioration of human-rights in Afghanistan since the Taliban takeover and DM’s Hazara ethnicity [197].
Furthermore, the Court was not satisfied that the assessment undertaken by the Swedish authorities was “sufficiently and adequately” supported by domestic and international materials [157].
The Court observed that most European States had not carried out any involuntary returns to Afghanistan since the Taliban takeover [160].
The Court granted interim measures under Rule 39 of the Rules of the Court, until the judgment becomes final [199 – 201].
In the first of a series of Law Pod UK episodes relating to investigations, Marina Wheeler KC speaks to Jim Duffy about the evolving role of barristers in this area.
Scottish assisted dying bill falls while Westminster proposals lag in the House of Lords
Tuesday evening saw the Assisted Dying for Terminally Ill Adults (Scotland) Bill defeated at the last stage of the Holyrood legislative process. After a final debate, Members of the Scottish Parliament voted against the bill by 69 votes to 57, with one abstention. The bill would have allowed some terminally ill patients to be assisted to end their lives. Patients would have been required to make two declarations of their wish for assisted dying and to undergo assessment by two doctors as to their eligibility and freedom from coercion or pressure.
Meanwhile, the House of Lords continues to debate amendments to the Terminally Ill Adults (End of Life) Bill for England and Wales. Owing to the 1,200+ amendments which have been tabled, the bill is now widely expected to run out of time – despite passing the Commons in June 2025. The bill’s proposer, Kim Leadbeater MP, is reported to have said that the House of Lords has ‘signed its own death warrant’ by stalling the legislation.
NHRI joint statement urges UK government not to dilute the ECHR
On Thursday, the UK’s three National Human Rights Institutions (NHRIs) issued an unusual joint statement urging the government to ‘commit to no reduction in rights protections’.
The NHRIs note that the UK government has expressed an intention to ‘re-balance’ and ‘clarify’ the position relating to migration by adopting political declarations on Articles 3 and 8 ECHR. They ask the government to explain how it will ensure that its proposals do not weaken ECHR protections. The statement continues:
‘The erosion of anyone’s rights puts us all at risk; it signals that these shared standards are not guaranteed and that any of our rights could be subject to debate.’
The UK’s NHRIs – the Equality and Human Rights Commission, the Scottish Human Rights Commission, and the Northern Ireland Human Rights Commission – are required to abide by the Paris Principles. These call on them to promote and protect all human rights by acting independently from government.
The UN Commission of Inquiry on Ukraine found that 1,205 children have been systematically deported and forcibly transferred from Russian-occupied areas in Ukraine to Russia. Of those cases, eight in ten children have not yet returned. According to the findings, Russian authorities have acted in contravention with international humanitarian law, under which evacuation can only be temporary and for the legally justifiable reasons of health, medical treatment or safety.
The Courts and Tribunals Bill passed its second reading in the House of Commons last week. The Bill introduces a range of reforms aimed at reducing court backlogs, including proposals to restrict jury trials and raising magistrates’ sentencing powers. The House of Commons Public Bill Committee has issued a call for evidence from experts in fields relevant to the Bill.
The Netherlands and Iceland sought permission to intervene in the International Criminal Court (ICJ) case initiated by South Africa against Israel’s actions in Gaza. The ICJ had previously received 16 requests to intervene, including from Palestine, Ireland and Colombia.
[* note from editor: The United States and other countries have also filed declarations of intervention in South Africa’s case of genocide against Israel at the International Court of Justice. Article 63 of the Statute of the Court allows countries to intervene in cases involving the interpretation of a convention to which they are parties, even if they are not parties to the dispute.
In its 11-page declaration the US rejected South Africa’s accusations of genocide against Israel.
“To avoid any doubt, the United States affirms, in the strongest terms possible, that the allegations of ‘genocide’ against Israel are false. They are also unfortunately nothing new,” it said.
The US said it considered it necessary to intervene in this case in order to offer its interpretations of the provisions of the Genocide Convention, informed by its role in drafting the 1948 text]
In the Courts:
On Wednesday, the Joint Committee on Human Rights (JCHR) launched an inquiry into the recent changes to laws relating to protest. The inquiry will examine whether the Government has correctly balanced its duty to protect the public from disruption or fear, with its duty to protect the right to protest – described by JCHR chair, Lord David Alton, as “a cornerstone of our democracy”.
On Thursday, the High Court ruled that the Ministry of Defence’s (MoD’s) refusal of an Afghan Relocation and Assistance Policy (ARAP) application was unlawful, on the grounds of an error of fact and a failure to publish related caseworker guidance. Although the MoD withdrew the decision shortly after the hearing, Saini J still handed down judgment, noting that the Court’s findings could affect other ARAP cases [1-2].
The judicial review challenge was brought by CHD, an Afghan national who was tortured by the Taliban and is currently in hiding in Afghanistan. For 13 years, until the takeover of Afghanistan by the Taliban in 2021, CHD held a key public-facing role within a partly UK-funded organisation that promoted the rule of law and combatted the Taliban’s influence.
CHD’s application to re-locate to the UK was rejected by the MoD on the grounds that he failed to meet Condition 2 Category 4 of ARAP, which requires applicants to have made, in the course of their employment, “a substantive and positive contribution to the UK’s military objectives or national security objectives (which includes counter-terrorism, counter-narcotics and anti-corruption objectives) with respect to Afghanistan” [15].
Saini J held that MoD decision makers had made an error of fact when determining that the objectives of CHD’s employer – the advancement of the rule of law and a functioning legal system – were not also part of the UK’s national security objectives at the time of CHD’s employment [75-77].
Saini J also noted that he would have been inclined to find the unpublished guidance and any decision made pursuant to it unlawful, had it been necessary to decide the issue [21]. Applying R (Lumba) v SSHD [2012] 1 AC 245, Saini J held that the MoD’s failure to publish interfered with the general rule of law that the publication of policies is necessary for applicants to make informed and meaningful representations [84].
The Bill includes the much-discussed proposal to restrict the availability of jury trial by removing the right to elect trial on indictment for either way offences that are likely to receive a custodial sentence of three years or less. The Bill also introduces judge-only trials for complex fraud or related financial offences, and replaces the automatic right of appeal to the Crown Court from the magistrates’ court with a permission stage. Assuming the reforms are implemented, the Ministry of Justice predicts it will take a decade for the criminal court’s backlog to fall below pre-Covid levels.
Separately, the Bill reforms evidential rules in sexual offence trials. A complainant’s previous false allegations will only be admissible where there is a “proper evidential basis” for concluding the allegation was false. The Bill also provides guidance on when evidence of a complainant’s sexual behaviour is admissible, and raises the threshold for the inclusion of evidence regarding a complainant’s previous compensation claims.
Rights groups criticise airlines for removals under ‘one in, one out’ scheme
The Joint Council for the Welfare of Immigrants and 27 other human rights organisations have written letters to four airlines criticising them for providing removal flights under the UK and France’s ‘one in, one out’ pilot scheme.
Under the scheme, which became effective in August 2025, asylum-seekers arriving in the UK from France in small boats can be detained and removed to France for readmission. The UK has a reciprocal obligation to maintain a voluntary application route for qualifying individuals to be transferred legally from France to the UK.
The letters call on the airlines – Air France and three private charter companies – to cease participation in the scheme or face boycotts. They refer to correspondence published earlier in February, in which UN mandate-holders said that the scheme ‘may result in serious violations of international human rights law’ and urged the UK and French governments to end it.
The HM Inspectorate of Prisons has published a report which found that there was an “inadequate provision of interpretation” and “almost no information was available” to migrant people, during their removal to France under the ‘one in, one out’ pilot scheme. Almost all of those removed had arrived recently at the Kent coast and few were able to understand English.
Under the ‘Agreement on the Prevention of Dangeround Journeys’, ratified in August, any asylum seeker who has crossed the Channel unlawfully can be returned back to France. There is also a provision for “reciprocal admittance”, whereby an asylum seeker in France who has a genuine family link to someone in the UK and has not attempted to enter the UK unlawfully, will be allowed to enter the UK.
The report also raised concerns that migrant people did not have proper access to justice prior to their removal to France under the scheme. Although migrant people were signposted to legal firms while detained at Immigration Removal Centres, the report noted that many people’s cases were refused by solicitors and they were unable to access legal advice.
The publication of the report comes as a legal challenge against the removal of 16 migrant people under the ‘one in, one out’ scheme was heard at the High Court on Wednesday. The case centres on whether it was unlawful for the Homes Secretary to withdraw migrant people’s right to have rejected modern slavery claims reconsidered. The claimants also allege that French authorities do not adequately support trafficking victims. The Court heard that 40 per cent of migrant people detained under the scheme have made trafficking claims.
In international news
Last week, pro-democracy media tycoon Jimmy Lai was sentenced to 20 years in prison under Hong Kong’s National Security Law. The 78-year-old Apple Daily founder was found guilty last December of conspiracy to collude with foreign forces and publishing seditious materials. Thibaut Bruttin, the director of Reporters Without Borders, warned that “the court decision underscores the complete collapse of press freedom in Hong Kong”.
On 10 February, the European Parliament approved the amendments to the ‘safe third country’ concept in the EU Asylum Procedures Regulation and adopted an EU-wide list of “safe countries of origin”, making it easier for member states to reject asylum applications as inadmissible and to forcibly transfer people seeking safety to countries to which they have no connection. The new rules also remove the suspensive effect of appeals in asylum cases, meaning that a person could be removed while waiting for determination of their claim and any judicial review.
On Friday, the High Court ruled that the former home secretary Yvette Cooper had acted unlawfully when banning Palestine Action last year, under the Terrorism Act 2000. The Court concluded that the decision to proscribe Palestine Action was “disproportionate” [138].
The judicial review proceedings were brought by Huda Ammori, Palestine Action’s co-founder.
The Court upheld the claimant’s challenge that the proscription breached the rights of freedom of expression and assembly as guaranteed by Articles 10 and 11 ECHR. The Court found that the offences under the Terroism Act 2000 “comprise a very significant interference with the right to free speech”. For example, a person cannot address a meeting to encourage support for Palestine Action [106]. The Court also concluded that the decision to proscribe Palestine Action had resulted in a “stark” interference with Article 11 rights, since the purpose of proscription is to put measures in place that prevent the organisation from continuing to exist [135].
Additionally, the Court concluded that the Home Secretary failed to properly apply her policy on the use of the discretion to proscribe [89 – 95]. The policy required the Home Secretary to approach the exercise of her discretion comprehensively, taking into account the consequences on Palestine Action members, the characteristics of the organisation, foreign policy and “other factors” [74]. Instead, the Home Secretary presented the “significant disruptive benefits” to “deal with” Palestine Action as a central reason for exercising the discretion to proscribe [89]. The Court clarified that Home Secretary’s policy did not include the expected significant disruptive benefits of proscription as a relevant consideration [90].
According to evidence submitted by the claimant, there have been many arrests since proscription referring to Palestine Action, including more than 2,000 people at protests immediately following the proscription decision [118].
In a statement after the judgement, the Home Secretary, Shabana Mahmood, said the government intends to appeal the decision.
The High Court ruled that Section 12 of the Illegal Migration Act 2023 (IMA) is “likely to have a more muted practical impact” [168]. The Court clarified for the first time that the right to liberty under Article 5 ECHR constrains the effect of IMA on the judicial oversight of immigration detention decisions.
The case stemmed from a claim alleging the unlawful detention of MXV, a Zimbabwean national, who was held under immigration powers for 101 days from 11 March 2024.
Section 12 of the IMA sought to “overturn” the Court’s role as primary decision maker when it comes to assessing limbs (ii) and (iii) of the Hardial Singh principles, which relate to the reasonableness of the period of detention and whether deportation can be effected within such a reasonable period. Instead, Section 12 requires the Court to assess whether the Secretary of State’s decision about the period was a reasonable assessment.
The Court ruled that Parliament had expressly restricted judicial oversight and Section 12 should be followed [166]. However, compliance with Article 5(1)(f) ECHR requires the Court to retain its role as primary decision maker. The Court confirmed that Article 5(1)(f) ECHR “mirrors” the domestic application of the Hardial Singh principles [144] and, where Article 5 is relied upon, the Court remains able, as primary decision maker, to assess the reasonableness of detention.
The court found that the detention of MXV was unlawful in the period from 1 June 2024 to 19 June 2024.
On the UKHRB
Dr Lewis Graham considers the potential far-reaching effects in Hall v HMRC [2026] UKFTT 124 (TC), where the First-Tier Tribunal ruled that it had the jurisdiction to consider public law grounds, despite the tribunal having no inherent public law jurisdiction.
Rosalind English explores the Supreme Court’s recent decision in Dairy UK Ltd v Oatly AB UKSC 4, in which the Court held that Oatly’s registered trade mark “POST MILK GENERATION” cannot lawfully be used in relation to their oat-based food and drink products.
Rosalind English also reviews a letter about animal welfare from The Animal Law Foundation and the League against Cruel Sports, that was presented to the Department of the Environment, Food and Rural Affairs last week.
On Monday, the Home Secretary published a white paper outlining her proposals for reforming the police. The proposed changes include the establishment of a National Police Service to oversee policing of organised crime, counter-terrorism and trafficking across England and Wales. This body will also appoint a Senior National Coordinator for public order policing, who will manage police responses to large scale national protests, such as the riots following the Southport stabbings in July 2024.
The Home Secretary also seeks to invest in new policing technologies, establishing a National Centre for AI policing and expanding the use of Live Facial Recognition vans to locate offenders. Meanwhile, on Tuesday and Wednesday this week, the High Court heard a judicial review challenge to the Met Police’s September 2024 Live Facial Recognition policy, on the basis that it violated Articles 8, 10 and 11 ECHR (R (Thompson and Carlo) v Commissioner of Police for the Metropolis).
Finally, the white paper also suggests that the policing of non crime hate incidents is to be overhauled, with the aim of ‘reducing unnecessary recording burdens’.
Government confirms 20-25% cuts to prison education delivery hours
In November 2025, the Justice Committee released a report expressing its alarm regarding reports of cuts of up to 50% to prison education budgets. It recommended that the Government clarify the scale of, and rationale for, planned cuts to prison education budgets, and set out how it plans to ensure core education provision continues.
The government’s response was published this week, stating that whilst the budget had increased in recent years, these increases had been outpaced by rising delivery costs. As such, the government has implemented a national reduction of prison education delivery hours of around 20-25%, with some prisons experiencing more significant reductions.
UN Human Rights Council responds to situation in Iran
In its 39th Special Session on Friday, the UN Human Rights Council (UNHRC) called for an urgent investigation into human rights violations by the Iranian state in the context of its repression of nationwide protests beginning in late December last year.
The UNHRC also extended the mandates of the Fact-Finding Mission and Special Rapporteur on Iran. The Special Session was informed of credible reports that thousands have been killed, many more injured, and over 24,000 arrested since the start of the protests, which have been accompanied by a complete internet and mobile services shutdown since 8 January. High Commissioner for Human Rights, Volker Türk, said:
“The only way out of this frightening escalation is through dialogue based on the human rights of all Iranians. The aspirations and ideas in particular of women, girls, young people and ethnic and religious minorities must be allowed to shape Iran’s future. We remain available to support any change in direction that fully respects Iran’s human rights obligations.”
European Committee of Social Rights publishes 2025 Conclusions
On Wednesday, the European Committee of Social Rights (ECSR) published its Conclusions on Labour Rights for 2025. The Conclusions for the UK make findings of non-conformity with Articles 3, 5 and 6 of the European Social Charter on several grounds, including:
a lack of a right to disconnect from work;
a lack of coverage by health and safety regulations for domestic and self-employed workers;
a failure to promote the freedom of association and collective bargaining of gig economy workers; and
the denial of the right to strike to the police, prison officers, and members of the armed forces without effective alternative means of negotiating terms and conditions.
The inquiry into the conditions at Manston Short-Term Holding Facility has begun hearing evidence in public. The purpose of the inquiry is to investigate “the decisions, actions and circumstances” that led to significant overcrowding, outbreaks of infectious disease and mistreatment of detained migrant people at the former military base between June and November 2022. The inquiry will also investigate the death of Hussein Haseeb Ahmed, who died from diphtheria after contracting the infection while detained at Manston. The inquiry was downgraded from statutory to independent in September 2024, reducing its powers to compel witnesses to attend. The Home Office, the Ministry of Defence, the Cabinet Office, the Treasury, and the Ministry of Justice are due to participate in the inquiry.
On Sunday, the government pulled the third reading of the Public Office (Accountability) Bill 2024-26 — widely referred to as the ‘Hillsborough Law’ — from the parliamentary schedule, amid criticism of a proposed amendment. The draft legislation would create a statutory duty of candour and assistance for public authorities and officials when engaging with inquiries and inquests. The bill would also create a new criminal offence of misleading the public. However, a new amendment proposed by the government had been critcised for creating an opt-out for intelligence officials, by allowing heads of security services to decide whether information is released. Families of the Manchester Arena bombing wrote to the Prime Minister earlier this month, stressing the need for the law not to exempt security agencies. The UK’s Security Service (also known as MI5) was found by the Manchester Arena Inquiry not to have given an “accurate picture” of the key intelligence it held on the suicide bomber who carried out the attack, instead presenting “a retrospective justification” for their actions.
The Guardian and Liberty Investigates have conducted an investigation into the Metropolitan police’s use of “cumulative disruption” as a justification to impost restrictions on protests. Liberty Investigates is an editorially independent investigative journalism group based in the civil liberties organization, Liberty.
According to the research and review of evidence obtained under freedom of information laws, the Met has used “cumulative disruption” against at least protests despite their power to do so being quashed in a May 2025 ruling.
However, the Met has used the cumulative disruption to ban or impose conditions on two pro-Palestinian groups since that ruling. On May 7, 2025, the Met banned the Jewish pro-Palestine group, International Jewish Anti-Zionist Network (IJAN), from holding its weekly meeting in North London citing “cumulative impact on the local Jewish community”. That ban has been renewed weekly since May 2025. In November 2025, the Palestine Coalition was forced to change the route of their march by the Met due to the “cumulative impact on businesses” in the area.
Both the Met and the Home Office assert that officers still have the authority to take cumulative disruption into account when imposing restrictions on protests. The Met argues that their consideration of cumulative disruption is lawful in efforts to balance the right to protest and ensuring that “serious disorder or serious disruption” does not result from protests. The Home Office stated that the Public Order Act 1986 implies the discretionary use of cumulative disruption, but future amendments will make its use explicit.
The UK Home Office has begun a ten-week public consultation into the use of facial recognition and biometrics technologies by the police, with the view to expanding the rollout of live facial recognition policing (currently limited to ten forces) across the entire UK. Among the Government’s proposals is the creation of a regulator overseeing police implementation of the technology; any new legislation arising from the consultation is unlikely to be in force for at least another two years. The Government has invested over £15 million into facial recognition policing since 2024. Its currently unregulated use has drawn sharp criticism from human rights and civil liberties groups, and in August the Equality and Human Rights Commission warned that its present implementation was disproportionate in its infringement of human rights. Liberty director Akiko Hart responded positively to this week’s announcement of a consultation, but stressed that the Government “must halt the rapid rollout” of facial recognition and ensure that rights-prioritising safeguards are in place. Big Brother Watch director Silkie Carlo called the “consultation necessary but long overdue”, adding that police facial recognition should be paused immediately, pending the consultation’s outcome. Strong tendencies towards racial discrimination in the use of the technology have raised particular concerns, as the Home Office conceded this week: whereas white people are only wrongly identified by the technology at a rate of 0.04%, this occurs at a rate of 5.5% for black people and 4% for Asian people. Earlier this year the Metropolitan Police declined to adopt live facial recognition at September’s far-right ‘Unite the Kingdom’ rally, despite deploying it weeks earlier at the Notting Hill Carnival.
The International Federation for Human Rights (Féderation Internationale pour les droits humains, FIDH) has published a report sharply critical of French, German, UK and US state and media responses to pro-Palestine movements between October 2023 and September 2025, in what it calls “a profound crisis”, “not only under authoritarian regimes, but also in liberal democracies that have long claimed to uphold human rights.” Co-signed by the Ligue des droits de l’Homme (France), the Center for Constitutional Rights (US) and the Committee on the Administration of Justice (Northern Ireland), the report compares “violations to the rights of freedom of opinion and expression” across the four jurisdictions, particularly through what it perceives as direct and indirect media censorship and “systematic bias in reporting”; “violations against activists, NGOs, and civil society”; “violations against academic freedom”; and restrictions to “freedoms of peaceful assembly and association” (with blanket bans on protests in France and Germany coming under particular criticism for failing to meet tests of necessity and proportionality). FIDH claims that diverse measures “directly violat[ing] international human rights obligations… have created a widespread chilling effect on freedom of expression and public debate” in the countries concerned, “further undermining democratic participation and the voices of minority groups.” Among the report’s recommendations directed at the UK are a review of public nuisance orders, and the creation of an independent body to oversee police practices during demonstrations, based on the model of the Police Ombudsman in Northern Ireland.
Michael O’Flaherty, the Council of Europe Commissioner for Human Rights, has published two separate letters on human rights concerns in the UK: one regarding protest policing, the other the “situation of trans people”. The first letter, addressed to the Home Secretary Shabana Mahmood, notes the “ever more prominent” policing of protests in the UK since the Commissioner’s visit in July. It urges a “comprehensive review of the current legislation on the policing of protests within the United Kingdom’s human rights obligations” (referring specifically to the Terrorism Act 2000, the Police, Crime, Sentencing and Courts Act 2022, and the Public Order Act 2023). Further concerns are expressed about the prohibitions of assemblies “in the vicinity of a place of worship” and of the wearing of masks in the Crime and Policing Bill, currently before the House of Lords. In the second letter, addressed to the Chairs of the Joint Committee on Human Rights and the Women and Equalities Committee, O’Flaherty draws attention to the guidance provided by Strasbourg case law on the rights of trans people: “this is particularly important as the Supreme Court [in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16] did not engage with these human rights issues.” Speaking of the fallout of the Supreme Court case, the Commissioner warns against “a tendency to see the human rights of different groups of people as a zero-sum game. This has contributed to narratives which build on prejudice against trans people and portray upholding their human rights as a de facto threat to the rights of others.”
In the courts
The Home Secretary has lost her appeal against the decision to grant one of the founders of Palestine Action permission for judicial review of the group’s proscription under the Terrorism Act. In R (Huda Ammori) v Secretary of State for Home Department [2025] EWCA Civ 1311, Lady Carr CJ held that the fact there was a route open for Palestine Action to seek “deproscription” through the Proscribed Organisations Appeal Commission did not rule out a challenge to the original proscription by way of judicial review. “We consider that the fact that judicial review would be a more expeditious means of challenging the Order, given the public importance of issues raised, and, in particular, the fact that persons were facing convictions for acting in ways that were made criminal as a consequence of the Order, justified using judicial review” ([59]). The Court of Appeal also granted Ms Ammori permission to apply for two further grounds of review: that the Home Secretary failed to have regard to relevant considerations, and that she did not follow her published policy. These are in addition to the two grounds already permitted by the High Court on 30 July: that the Home Secretary’s Order was unlawful as a disproportionate interference with Articles 10 and 11 of the European Convention (freedom of expression and assembly), and that the Home Secretary should have consulted Palestine Action before making the Order, and by failing to do so was in breach of natural justice and Article 6 of the Convention (right to fair trial). The judicial review hearing is due to commence at the High Court on 25 November.
The number of hate crimes committed in England and Wales has risen since the previous year, according to statistics released by the Home Office. In the year ending March 2025, 115,990 hate crimes were recorded by the police: this marks a 2% increase overall, a 6% increase in race hate crimes, and a 3% increase in religious hate crimes. A 19% increase in religious hate crimes targeting Muslims coincided with the time of the Southport murders and the subsequent race riots across the country.
Kemi Badenoch has confirmed at the Conservative Party Conference that her party would withdraw the UK from the European Convention on Human Rights and repeal the Human Rights Act if they form the next Government. This follows a legal review by the Shadow Attorney General, Lord Wolfson, into the impact of remaining in the ECHR. The Wolfson Report concluded that ‘it is hard to overstate the impact the ECHR has had on government decisions’, placing ‘substantial’ limitations on government policies to do with immigration, veterans’ rights, benefits, and reforms to sentencing and protest laws. Read Rosalind English’s summary of the Report here: The UK can, and should leave the Human Rights Convention (7 October 2025).
In International News:
A ceasefire has been agreed for the war in Gaza. The deal, brokered by the US, provides for a cessation in the conflict between Israel and Hamas which has been ongoing since 2023. The full text of the deal — entitled ‘Implementation steps for President Trump’s proposal for a comprehensive end of Gaza War’ — has not been publicised, though parts have been published by Israeli media. Trump’s 20-point plan, announced last week, provided for Gaza to be a ‘deradicalised terror-free zone’ which will be ‘redeveloped for the benefit of the people of Gaza’; all hostages will be released, and full aid will be sent to the Gaza Strip.
In the Courts:
An asylum seeker unsuccessfully challenged the housing and financial support given to him by Enfield Council. In R (on the application of BLV) v Secretary of State for the Home Department [2025] EWHC 2516 (Admin), the Claimant was a disabled man suffering from deafness, impaired eyesight, and major depressive and anxiety disorders. The Defendant was obliged, under the Immigration and Asylum Act 1999, to provide ‘adequate’ accommodation and other ‘essentially living needs’ to the Claimant; under the Equality Act 2010 and Human Rights Act 1998, it was also bound to adjust its general approach to providing support under the IAA 1999 to account for the Claimant’s specific disabilities. The Defendant contended that Enfield’s support was inadequate for two reasons:
His accommodation was inadequate, because it was too far away from his support network and did not have a suitable disabled lift;
His internet access was inadequate, because it was not sufficient for him to access mental health and other support services via video-call (his deafness made it impossible to rely on voice call alone).
The court applied the ‘twin-track’ test, namely: 1) whether the Secretary of State met an objective ‘minimum standard’ for ‘ensur[ing] full respect for human dignity and a dignified standard of living, maintain[ing] an adequate standard of health and meet[ing] the subsistence needs of the asylum seeker’; 2) even if the minimum standard has been met, whether the Secretary of State complied with public law standards including rationality. The court found that (stage 1) the Claimant’s accommodation did meet the minimum standard. Furthermore, (stage 2) the Defendant’s treatment of the Claimant did not violate its duties under the EA 2010, HRA 1998, or other public law principles.
An interesting aspect of this case was that internet video calling was deemed capable of being an ‘essential living need’ because of the Claimant’s disabilities. The court ruled that ‘the concept of ‘need’ is…affected by technological progress and consequent changes in societal expectations’, and that ‘internet-based communication… has become essential for interacting with other people and accessing public services.’
The UK Government enforced its first deportations under its controversial “one-in-one-out” asylum-seeker agreement with France this week, despite an interim injunction on Wednesday temporarily blocking the removal of one Eritrean national. Home Office sources reported the deportation of asylum seekers of Indian, Iranian and Eritrean nationality under the scheme; one deportee’s challenge at the High Court on human rights grounds failed upon Mr Justice Sheldon’s finding that, as a fellow signatory of the European Convention, France would afford the applicant the same human rights protections as the UK. Earlier in the week, a 25-year-old Eritrean man had succeeded in being granted an interim injunction temporarily staying his removal to France, after it was argued that the applicant required more time to make representations on his claim to be a victim of modern slavery. The ruling had prompted the newly appointed Home Secretary Shabana Mahmood to accuse asylum seekers of making “vexatious, last-minute claims” that “make a mockery of this country’s generosity”, and to issue new guidance to the Home Office slavery assessment team. The UK-France Dangerous Journeys Agreement was presented to Parliament last month, and is set to run until June 2026. It provides for the forced return of individuals entering the UK illegally from France, in exchange for the same number of asylum seekers who do meet UK immigration rules. The first French arrivals under the ”exchange” are now due to enter the UK over the next week.
The Sentencing Bill 2025 was introduced by the government. The Bill follows a major review into sentencing by former Justice Secretary David Gauke, and accepts the majority of its recommendations. It aims to follow the prison overcrowding crisis through measures including:
Creating a presumption that custodial sentences of less than 12 months will be suspended (subject to a number of exceptions);
Empowering courts to give a greater range of community orders, including bans from certain venues and events and ‘restriction orders’ limiting movement;
Extending suspended sentences to max. three years (up from two years);
Allowing courts to defer sentencing for up to 12 months (up from six months), so that offenders can demonstrate good behaviour;
Setting a minimum release point of 33% for standard determinate sentences (down from 40%);
Allowing foreign prisoners to be removed from UK prisons without first serving a minimum period of custody.
Controversially, the Bill also imposes an obligation on the Sentencing Council to obtain permission from the Lord Chancellor and Lady Chief Justice before issuing sentencing guidelines. This follows a furore in early 2025 over draft guidelines which included wording about an offender’s ethnicity.
The refugee family reunion scheme has been temporarily suspended. Yvette Cooper (who was Home Secretary before a Cabinet reshuffle on Friday) announced that migrants granted asylum will be temporarily unable to bringing partners and children to the UK. The suspension will continue until the government has imposed further conditions on the scheme through legal changes.
Comedy writer Graham Linehan was arrested over tweets about transgenderism, including one which referenced punching trans women ‘in the balls’. The arrest has been criticised by Prime Minister Keir Starmer as well as members of the shadow cabinet. Mr Linehan is currently also being tried for harassment in relation to an altercation with a transgender activist.
In International News
France has issued arrest warrants for Syrian ex-president Bashar al-Assad, his brother, and five other officials regime officials. Al-Assad has been living in Russia since being deposed in December 2024. These warrants relate to the 2012 bombing of a press centre in Homs; French photographer Rémi Ochlik and American journalist Marie Colvin were killed. The bombing is being investigated by the French judiciary as a war crime and crime against humanity.
In the Courts
The Home Office has received permission to challenge a High Court ruling allowing Palestine Action to appeal its proscription under terror legislation. Palestine Action, a group founded by Ms Huda Ammori, was banned as a terrorist organisation under the Terrorism Act 2000. In a judgment dated 30 July 2025, Ms Ammori was granted permission by the High Court to appeal this proscription. Now, the Home Office has won the right to challenge the 30 July ruling. In an unpublished order seen by the press, the Court described the government’s appeal has having ‘a real prospect of success’; it is due to be heard on 25 September.
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