In a significant development for immigration policy and human rights law in the UK, the Home Office has settled judicial review claims that sought an independent inquiry into the troubling events at the Manston Short-Term Holding Facility (STHF) in 2022. The settlement, which comes after years of legal challenges and public scrutiny, ensures that an Article 3 European Convention on Human Rights (ECHR)-compliant inquiry will investigate the conditions that thousands of vulnerable individuals endured at the facility.
The Context: Manston in Crisis
Located in Kent, Manston is a former military site repurposed as a holding facility for individuals arriving in the UK seeking asylum. In autumn 2022, the facility became the focus of widespread concern and criticism. Originally intended to operate as a “holding room” with a 24-hour statutory time limit for detention, the system rapidly broke down due to insufficient asylum accommodation capacity—a direct consequence of policy decisions by the then-government.
The overcrowding at Manston reached crisis levels, with detainees—including families with young children, unaccompanied minors, and individuals with histories of trauma—forced to sleep side by side on the ground without proper bedding or winter clothing. Basic hygiene facilities were woefully inadequate: there were not enough toilets, running water was intermittent, and many detainees had no access to showers. These inhumane conditions persisted for weeks, far exceeding legal time limits for detention, and culminated in a breakdown of order, coercive measures, and the use of force against detainees.
Legal Challenges and Calls for Accountability
The judicial review claims, brought by Wilson Solicitors and Duncan Lewis on behalf of 16 claimants, argued that an independent inquiry was essential to comply with the investigative duty under Article 3 ECHR. This legal duty ensures that allegations of inhuman and degrading treatment are investigated promptly, thoroughly, and independently. The claimants highlighted parallels with the 2017 Brook House case, which resulted in a statutory inquiry.
In January 2023, then-Home Secretary Suella Braverman acknowledged that the conditions at Manston were arguably inhuman and degrading. However, the initial proposal for an investigation led by the Independent Chief Inspector of Borders and Immigration (ICIBI) was deemed insufficient by claimants. The ICIBI investigation lacked powers of compulsion, public hearings, and funding for legal representation—key components necessary for an effective Article 3-compliant inquiry.
Governmental Delays and Political Shifts
The legal battle was marked by significant delays and political changes. In March 2024, the government announced plans for a statutory inquiry under the Inquiries Act 2005. However, these plans were disrupted by the General Election in May 2024, after which the incoming Labour government opted for a non-statutory inquiry. This decision, which excluded public hearings and funded representation, reignited legal challenges.
By November 2024, the High Court had relisted the judicial review, compelling the Home Secretary to reconsider the decision. Ultimately, the settlement reached in January 2025 ensures that the inquiry will have the necessary features to meet Article 3 compliance, including public hearings, access to documents, and funded legal representation for victims.
The Road Ahead: Challenges and Opportunities
While the settlement marks a crucial step forward, challenges remain. The inquiry’s non-statutory status means it lacks powers of compulsion, relying instead on voluntary cooperation from former government officials, contractors, and Home Office staff. If this proves insufficient, the inquiry may need to be converted into a statutory one under Section 15 of the Inquiries Act 2005.
The inquiry’s findings will have far-reaching implications. They will shed light on the conduct of senior government officials, the actions of private contractors, and operational decisions that led to the dire conditions at Manston. Importantly, the inquiry must address systemic failures to ensure that such human rights violations are never repeated.
A Call for Justice and Reform
The settlement of this judicial review is a victory for human rights and the rule of law. However, it is only the beginning of a longer journey toward accountability and reform. The thousands of individuals who endured inhumane conditions at Manston in 2022 deserve answers, justice, and assurances that their suffering will lead to meaningful change.
As the inquiry gets underway, it is imperative that the UK government demonstrates its commitment to upholding human dignity and the principles of international human rights law. Beyond the legal and political dimensions, this case serves as a stark reminder of the human cost of policy failures and the urgent need for compassionate and effective immigration practices.
The Manston inquiry’s outcome will not only shape the future of immigration detention in the UK but also reaffirm the nation’s commitment to justice, transparency, and accountability in the face of adversity.
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