MR. JUSTICE MITTING:
[This is a redacted version of a confidential judgment given orally on 24 June 2016 of
which an approved transcript has been supplied to the parties.]
1
The Home Office publishes quarterly statistics about the family returns
process, the means by which those with children who have no right to remain
in the United Kingdom are returned to their country of origin. As at October
2013 it comprised three phases: assisted return (the object of which was to
assist those who agreed to return voluntarily to do so); required return (which
was not voluntary but permitted and required them to make their own way to
the port of departure), and ensured return (which, as it name implies, entailed a
measure of compulsion, albeit under the oversight of an independent panel
charged with taking the interests of the children concerned into account). The
published statistics identify the number of families in each category and the
outcome. They contained nothing which identified them or could have led to
their identification.
2
The published statistics were based on a spreadsheet which contained two tabs.
The first, a sheet with nothing but the statistics, whose publication was
intended; the second a large spreadsheet with the raw data on which the first
was based. The latter contained a substantial amount of personal and official
details, including the name of the lead family member; his or her age and
nationality; whether they had claimed asylum; the office which dealt with
their case, from which the general area in which they lived could be inferred;
and the stage which they had reached in the family returns process. I will refer
to this as "the spreadsheet".
3
On Tuesday, 15 October 2013 the Home Office published family returns
process statistics for the period 1 April to 30 June 2013 by uploading them
onto the UKBA website on a page headed "Key Data on Family Returns
Process". The page included a link to the first tab, which set out the statistical
details for the period as intended. By error, the page on which this was
displayed contained a further link to the spreadsheet. It contained details of
1,598 lead applicants for asylum or leave to remain. It is common ground that
clicking onto that link would automatically download the spreadsheet onto the
enquirer’s computer.
4
The error was discovered on 28 October 2013 and the web page immediately
taken down, but not before at least one unknown individual had downloaded
and saved the spreadsheet. While it was on the Home Office website, the first
page, headed "Key Data on Family Returns Process", was accessed and
therefore the spreadsheet could have been downloaded by non-Home Office
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