5.  The applicant was born in 1977 and lives in Uxbridge.
6.  The applicant claims to have entered the United Kingdom illegally on 18 November 2003. She pleaded guilty to offences of cruelty towards her son and was sentenced to twelve months’ imprisonment with a recommendation that she be deported. On 5 August 2008 the Home Secretary served her with notice of intention to make a deportation order. On 8 August 2008 the applicant’s criminal sentence ended and she was thereafter detained under immigration powers from 8 August 2008 to 6 July 2011 (2 years, 10 months, 27 days). The present application is the second one made to this Court by the applicant.
7.  In her first application the applicant complained about her detention from 8 August 2008 to 28 April 2010. This Court found that during this period, there was a lack of due diligence on the part of the authorities from 19 June 2009 to 14 December 2009 (a period of five months and 26 days). Accordingly, it found a violation of Article 5 § 1 in light of the authorities’ delay in considering the applicant’s further representations in the context of her claim for asylum (see V.M. v. the United Kingdom, no. 49734/12, § 99‑100, 1 September 2016). The Court did not examine the period of detention after 22 July 2010 in that judgment noting that this was the subject of separate litigation proceedings (see V.M. v. the United Kingdom, cited above, § 92).
8.  The present case concerns that later period of her detention from 22 July 2010 to 6 July 2011 (11 months, 14 days). A detailed summary of the facts up to 25 July 2010 is set out in V.M. v. the United Kingdom, cited above, §§ 16-51.
9.  On 25 November 2010 a deportation order was served on the applicant. The applicant subsequently brought a number of legal challenges arguing that the order should be revoked. Removal directions were set for a flight departing on 7 February 2011, but the High Court enjoined the Home Secretary from effecting removal on 4 February 2011.
10.  On 14 January 2011 an immigration judge refused bail after an oral hearing.
11.  On 10 February 2011 Dr A-D, a clinical psychologist, prepared a psychological report on the instruction of the applicant’s representatives. She concluded that the applicant had given a plausible history of suffering physical and sexual abuse at the hands of her uncle; that she suffered from particularly severe post-traumatic stress disorder; that she was not receiving appropriate treatment for her mental health problems in detention; that release would benefit her mental health; and that her deportation was likely to precipitate further suicide attempts. On 16 February 2011 the representatives submitted this report to the Secretary of State.
12.  On 7 March 2011 and 17 June 2011 a tribunal judge refused to grant bail to the applicant. On 30 June 2011 Dr A-D provided an addendum report which recommended the applicant’s immediate release. Professor K who had previously examined the applicant (see V.M. v. the United Kingdom cited above, §§ 20-35) also wrote a further report indicating he now agreed with Dr A-D. The tribunal judge granted bail on 1 July 2011 and the applicant was released on 6 July 2011.
13.  Six reviews of the applicant’s detention were written by the applicant’s ‘caseworker’ between 4 March 2011 and 4 July 2011. Brief reference was made to the report of Dr A-D. Inserted into the recital in each review of the applicant’s protracted immigration history was reference to "yet another psychiatric report", which had been "treated as a further request to revoke" the deportation order. The reviews identified the applicant’s most recent diagnosis as being that of Dr R on 15 March 2010 (see V.M. v. the United Kingdom, cited above, § 33). In each case the senior officers endorsed the conclusion that the risk of the applicant’s reoffending and absconding outweighed the presumption in favour of release.
14.  The applicant initiated judicial review proceedings of the period of her detention from 22 July 2010 to 6 July 2011. The High Court refused her permission to bring judicial review proceedings on 3 April 2012. However, permission was granted by the Court of Appeal to appeal that decision.
15.  In its judgment of 17 July 2014, the Court of Appeal found that there had been procedural errors in the reviews of the applicant’s detention but it upheld the decision of the High Court that the challenge should fail. Lady Justice Arden gave the lead opinion:
“Conclusion 68.  Accordingly, I would dismiss this appeal. The new diagnosis of Dr [A-D] proposed a new treatment for curing her illness but her condition could still be satisfactorily managed in detention. She could still be held in an acceptable stable mental condition in detention under the existing treatment. In any event, there was a risk of reoffending and absconding. While these would have diminished with the passage of time, there still needed to be safeguards if [the applicant] was released into the community and these were not put in place to the satisfaction of the court until 6 July 2011 when she was in fact released on bail.”
16.  The Court of Appeal refused the applicant permission to appeal its decision but permission was subsequently granted by the Supreme Court. The Supreme Court, in its judgment of 27 April 2016 (R (O) v Secretary of State for the Home Department [2016] UKSC 19), also concluded that some of the applicant’s detention reviews did not refer to available medical evidence where they should have done so. Lord Wilson giving the lead judgment in the Supreme Court summarised the failings in the applicant’s six detention reviews between 4 March 2011 and 4 July 2011:
“25. ... The reviews
(a)  failed to refer to Dr [A-D]’s diagnosis of [the applicant] as suffering from [post-traumatic stress disorder] PTSD:
(b)  indeed wrongly stated that the most recent diagnosis of [the applicant]’s mental condition was that of Dr [R];
(c)  failed therefore to consider whether [the applicant] could be “satisfactorily managed” at Yarl’s Wood [detention centre] and, even if not, whether there were very exceptional circumstances which nevertheless justified her continued detention. 26.  In the above circumstances the Court of Appeal concluded that the Home Secretary had unlawfully failed to apply the policy set out in para 55.10 of the manual when deciding to continue to detain [the applicant] between March and July 2011. This conclusion the Home Secretary now accepts. She does not suggest that the evidence which she would be entitled to file in the event that the claim was permitted to proceed would be likely to throw a different light on it. The defects in the reviews already filed speak for themselves.”
17.  He went on to comment:
“34... Realistically [the applicant] accepts that the proper application of the Home Secretary’s policy to her case in the light of the report of Dr [A-D] would not have led to her immediate release in March 2011. She correctly contends that the report should have led the Home Secretary to make inquiries, most of which, judging by the contents of the reviews, seem never to have been made ... At least however, the limited period between March and her release on bail on 6 July 2011 makes one thing clear: even on the dubious assumption that proper application of her policy should in due course have led the Home Secretary to direct [the applicant]’s release, it is unrealistic to consider that the conditions necessary for her release would have been in place prior to 6 July 2011. 35.  For the above reasons, in agreement with the Court of Appeal, I regard it as already clear that, although the Home Secretary unlawfully failed to apply her policy under para 55.10 of the manual to [the applicant]’s continued detention between March and July 2011, a lawful application of her policy would not have secured [the applicant]’s release from detention any earlier than the date of her actual release on bail.”
18.  Lord Wilson concluded:
“37.... The overall refusal to release [the applicant] ... was procedurally flawed. What however is clear is that, even in the absence of any flaw, no decision to release [the applicant] would in any event have been made prior to 6 July 2011.
... 50. ... were [the applicant]’s claim for judicial review permitted to proceed, the result in all likelihood would be a declaration that her detention from 4 March 2011 to 6 July 2011 was unlawful and an award to her of damages in the sum of £1. The Court of Appeal decided that, since such was – “at most”, so it added – the likely result of the claim, it was appropriate to uphold the refusal of [the High Court] to grant permission for it to proceed. I agree. By the time of its issue [the applicant] had been released and it could bring her no practical benefit. To the extent that her contentions in these proceeding have deserved to be vindicated, she has secured their vindication in this judgment. I would dismiss the appeal.”
19.  The Supreme Court dismissed the appeal on 27 April 2016.