THE first legal challenge to the Home Office’s potentially deadly policy of sending small boats back to France has been launched.

Campaigners argue that plans to “push back” refugee boats in the Channel first announced in September would be unlawful and endanger lives. 

The claim was lodged by charity Freedom from Torture today after the Home Office “refused to provide a substantive response to the grounds of the legal challenge.”

It comes a few weeks after the group sent a letter to the Home Office outlining its intention to launch legal proceedings unless it withdrew the policy. The group’s lawyers say that there is “no legal basis” for the plans in domestic law. 

The Home Office has repeatedly refused to disclose details to substantiate its claim that carrying out such a manoeuvre in the Channel would be “safe and legal” in certain circumstances. 

Freedom from Torture chief executive Sonya Sceats said: “This cruel pushback policy is Boris Johnson’s latest attempt to rip up the rule book that keeps all of us safe. 

“We should not need to launch a legal challenge to force this government to recognise the sanctity of life.”

The group is represented by law firm Leigh Day. Partner Tess Gregory said: “In light of the risk to life arising from any use of the policy — and given that more than 25,000 people crossed the Channel to the UK so far this year — we have today issued judicial review proceedings against the Home Secretary which ask the court to declare the pushback policy unlawful.”

Freedom from Torture also argues that the policy would be illegal because it authorises unlawful conduct by those tasked with carrying it out, contravening the 1951 Refugee Convention and human rights law. 

Ms Patel also faces two other legal threats against the policy, one launched by Care4Calais and the PCS union, which represents Border Force staff, and another by Channel Rescue, though neither have yet lodged claims in court. 

A Home Office spokesman said: “As part of our ongoing operational response and to prevent further loss of life at sea, we continue to evaluate and test a range of safe and legal options to find ways of stopping small boats making this dangerous and unnecessary journey. 

“These all comply and are delivered in accordance with both domestic and international law.”