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The Home Office has made a U-turn on a decision to launch a statutory inquiry into the alleged mistreatment of asylum seekers at Manston processing centre, The Independent can reveal.
Government ministers have decided that they will back a quicker non-statutory investigation instead, reversing the decision of former home secretary James Cleverly in March.
It comes after more than 10,000 people passed through the Kent detention centre between October and December 2022. The former military base was emptied at the end of November 2022 after it was revealed there was severe overcrowding at the site, with migrants reportedly sleeping on cardboard and one man dying of diphtheria.
Sixteen claimants who were held at the site have brought legal action against the home secretary, arguing that there should be a statutory inquiry into the “deplorable conditions and mistreatment suffered by thousands of detainees”.
Lawyers for asylum seekers have argued for a statutory inquiry, which would have powers to compel the production of documents, attendance of witnesses, public hearings and funded legal representation – something they argue won’t happen in a non-statutory investigation.
Labour’s U-turn will put them back on track for a November clash in the courts with the lawyers representing asylum seekers who were held at the camp in Kent.
A statutory inquiry could have led to former home secretaries Priti Patel and Suella Braverman being compelled to give evidence over the political decisions that led to overcrowded conditions in 2022. Lawyers have alleged that then-home secretary Ms Braverman knew that conditions were deteriorating at the site and that thousands of detained asylum seekers were being held unlawfully, but she did not take necessary steps to alleviate the situation.
Ms Braverman has insisted she was not at fault for the crisis and did not “block” the use of hotels for asylum seekers at the site.
Mr Cleverly’s decision to grant a statutory inquiry had put an end to the legal action, but following the Labour government’s decision in September to have a non-statutory investigation, the judicial review will be back in the courts at the end of November.
The Home Office is also considering granting compensation to asylum seekers who were mistreated at the immigration site, The Independent understands.
Manston, which is still in use as a processing centre, accommodates adults and children who have just arrived in the UK on small boats. In the autumn of 2022 it became so overcrowded that asylum seekers were forced to living in tent accommodation with inadequate sanitation.
Asylum seekers alleged that they had been assaulted and racially abused at the site. One family with young children was forced to sleep on flattened cardboard boxes, lawyers said.
People should not be held at Manston for more than 24 hours, but in some cases asylum seekers were held there for more than a month.