Appeal to Supreme Court to be lodged in Serco lock evictions case

Appeal to Supreme Court to be lodged in Serco lock evictions case

Mike Dailly

An application for appeal against the Inner House’s judgment in the Serco lock eviction case is to be made this week.

Mike Dailly, principal of Govan Law Centre, said in his column for the Evening Times that he will lodge an application seeking permission to appeal to the Supreme Court.

Mr Dailly had brought the case against the Home Office contractor and the Home Secretary as well as the subsequent appeal in the name of Kurdish Iraqi national Shakar Ali.

Earlier this month, Scotland’s highest civil court found that lock-change evictions of asylum seekers without court orders are lawful.

Upholding the judgment of the Outer House, judges in the Inner House said that Serco did not act unlawfully by issuing eviction notices in Glasgow last year.

Mr Dailly said: “As the law now stands in Scotland, if the UK government or any public authority outsources some of its functions to a private company, the acts of those companies aren’t subject to the 1998 Human Rights Act.

“Being able to effectively ‘contract-out’ of the European Convention on Human Rights (ECHR) is truly worrying. We need to challenge this in the UK Supreme Court. There are far reaching and unintended consequences from this ruling.

“Likewise, we need to challenge the principle that companies like Serco can take the law into their own hands and evict people by changing their locks.

“It’s a recipe for disaster because DIY evictions are a free-for-all without regulation. 

“There are no rules on timing, notice of ejection, no sheriff officers and no police involvement.”

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