30 July 2010
R (on the application of A) v Secretary of State for the Home Department [2010] All ER (D) 200 (Jul)
Where there was a failure to take a decision to detain in accordance with the applicable policy (such as the Enforcement Instructions and Guidance at para 55.10), the detention itself would be unlawful in public law. The only exception to that rule was if the decision to detain was inevitable.
