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06 SEP 2012

FGP v Serco plc and another [2012] EWHC 1804 (Admin)

Healthcare - Restraints - Article 3 - Proportionality

The application of restraints during the entirety of the Claimant's in-patient hospital stay was not proportionate and constituted degrading treatment in breach of Article 3 ECHR.

5 July 2012

Administrative Court

Collins J

(1)        The Claimant, an Algerian national, was detained at Colnbrook Immigration Removal Centre (IRC) pending his removal. Between July and September 2010, he was taken to hospital on four occasions during which he was restrained by ratchet handcuffs, or handcuffs at the end of a 2.5 metre chain. One of the hospital visits, during July 2010, involved his staying for treatment for eight days.

(2)        Before leaving the IRC for medical treatment, it is a requirement that a risk assessment must be undertaken in relation to the detainee. Each of the assessments undertaken in relation to the Claimant recommended the application of restraints at all times as his previous convictions suggested that he had the potential to use violence.

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