Deaths in Immigration Detention

Specialist Legal Support for Bereaved Families

We have a long history of helping bereaved families to secure justice and accountability for the death of a loved one in detention, including when the death occurs to someone held in immigration detention. We understand that such a loss is particularly traumatic and often raises serious concerns about the care - or lack of care - provided by the state.

Our overriding concern is to ensure that you remain at the heart of the process and are in as much control as you can be at this exceptionally difficult time.

How We Can Help

The families we represented have loved a loved one as the result of poor healthcare; violence by another detained person and where the death was thought to be self-inflicted but that does not necessarily mean they intended to die.

Most deaths of those held in immigration detention will engage Article 2 of the European Convention on Human Rights, which protects the right to life. This means the inquest must explore not only how your loved one died, but also whether the state failed in its duty to protect them, including any systemic failings.

We work closely with INQUEST, and all our lawyers are members of the INQUEST Lawyers Group (ILG).

What to Expect

The legal process typically begins with the coroner opening and adjourning the inquest while investigations are carried out. These can include investigations by:

  • The Police
  • The Prison and Probation Ombudsman (PPO)
  • The healthcare provider

They will look at documents and talk to staff who had dealings with your loved one. They will present their findings in a report and may make recommendations to the establishment to make improvements. A copy of the initial report will be sent to you and the coroner. You will be invited to comment on the report, and we can help you with this.

The coroner will usually use the reports to help them identify the issues that the inquest will need to address. We will make representations on your behalf to ensure that the issues that concern you are at the forefront of the coroner’s mind.

The inquest will often be before a jury who will hear evidence, including from witnesses and determine how your loved one died, including whether any failings by prison or healthcare staff contributed to their death.

If the coroner thinks there is a risk of further deaths, they are required to make a report to those with the power to make changes to prevent such deaths. This is called a Regulation 28 or Report To Prevent Future Deaths. All those who receive such a report must respond to it either stating what changes they will make or explaining why no changes are necessary.

Beyond the Inquest: Securing Accountability

We can also help you in the other processes that arise after a death including securing accountability of those responsible for the death through criminal and/or disciplinary proceedings, bringing compensation claims and securing policy changes.

Legal Aid and Funding

If you are on a low income or receive means-tested benefits, you may qualify for legal aid to cover inquest-related legal advice. Where Article 2 may be engaged, legal aid is available regardless of financial means.

Get expert advice

Please complete our new enquiries form and a specialist solicitor will review your enquiry. We aim to respond within two working days.

If you’d prefer to speak with someone, please call us on 020 7407 0007 and mention that your enquiry relates to a death or inquest.