In the case of Secretary of State for the Home Department v EK [2024] EWCA Civ 1601, the Court of Appeal revoked a previous court decision ordering the Home Office to allow the parents of two children aged 6 and 9 into the UK after they had been left behind whilst the family had attempted to travel from France.
On 19/07/2024, the two children and their parents attempted to cross from France to the UK in a small boat. Unfortunately, the parents were left behind, with the children believing that they had died.
Once in the UK, the children were placed into foster care and contact was eventually made with the parents on 25/07/2024.
In order to reunite the family, the question then became whether the parents should be permitted entry to the UK or whether the children should be returned to France.
The following timeline ensued:
- 26/08/2024 – The parents (with legal representation) began proceedings for them to be granted permission to the UK and asked that their application be expedited.
- 10/09/2024 & 11/09/2024 – The Home Office confirmed that the application would be expedited.
- 30/09/2024 – After no further update, the parents initiated judicial review proceedings against the Home Office due to their failure to act.
- 29/10/2024 – The first meeting between the French and the British governments to discuss the case. The French agreed that the children should be returned to France.
- 31/10/2024 – A hearing was held in the UK on the judicial review proceedings the family initiated, during which the judge issued an interim order, ordering that the Home Office admit the parents to the UK “as soon as reasonably practicable” pending resolution of the full claim.
The judge was not aware of the agreement made on 29/10/2024.
- 13/11/2024 – The Home Office submitted an appeal to the interim order and applied for the order to be suspended (set aside). Their arguments included that should the parents be allowed in this instance, it would incentivise other parents seeking to travel to the UK to send their children over first, for them to be able to join after. The French government agreed with their position.
- On 14/11/2024 – A hearing was held, and a new judge dismissed the Home Office’s appeal, and ordered that the Home Office make arrangements by 4pm to allow the parents to enter, and that they should enter no later than 5pm on 19/11/2024.
The Home Office appealed.
By 14/11/2024, both France and the UK had agreed that the children should be returned to France “as quickly as possible”.
- On 19/11/2024 – a Court of Appeal judge granted the Home Office’s application to set aside the interim order.
Despite the agreement made between the two governments (outside of the Immigration tribunal) the French did not know where the parents were located.
The Home Office did not share the location of the parents with them until 17/12/2024.
This has meant that the children have been separated from their parents for over 5 months.
By Abigail Gledhill
09/01/2025