England's top judge condemns Starmer and Badenoch comments on Gaza family coming to UK on Ukraine scheme

England's most senior judge says she is "deeply troubled" by Sir Keir Starmer and Kemi Badenoch's exchange about a Gazan family coming to the UK under the Ukraine scheme.

The Lady Chief Justice voiced her concern after the prime minister said a judge had made the "wrong decision" by letting a family of six from Gaza settle in the UK under a Ukrainian refugee scheme.

Sir Keir made the comments during last Wednesday's Prime Minister's Questions after Conservative leader Ms Badenoch raised the case.

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Ms Badenoch said the decision, made following two appeals, was "completely wrong" and it "cannot be allowed to stand".

The prime minister pledged to close the "loophole" in answer to her question.

Baroness Carr said on Tuesday: "Both question and the answer were unacceptable.

"It is for the government visibly to respect and protect the independence of the judiciary.

"Where parties, including the government, disagree with their findings, they should do so through the appellate process."

Ms Badenoch reacted by saying parliament is "sovereign" and politicians "must be able to discuss matters of crucial public importance in parliament".

"This doesn't compromise the independence of the judiciary," she wrote on X.

"The decision to allow a family from Gaza to come to the UK was outrageous for many reasons."

The Tory leader said Sir Keir could not tell her if the government would appeal the decision and accused him of having "pretended" to look at closing a legal loophole.

She added: "This is not just some legal loophole that can be closed, but requires a fundamental overhaul of our flawed human rights."

How did the family receive the right to remain in the UK?

The Palestinian family's application under the Ukrainian resettlement scheme was initially rejected by the Home Office, who said they were not satisfied there were "compelling, compassionate circumstances" to justify a request outside the rules.

They also noted the lack of a resettlement scheme for Palestinians.

However, the family appealed on human rights grounds - but that was dismissed by a first-tier immigration tribunal judge in September due to the lack of a Palestinian resettlement scheme.

They then appealed again and were allowed to remain in the UK by upper tribunal judge Hugo Norton-Taylor, who said it was "wrong to have taken the absence of a resettlement scheme into account at all".

He also backed the claim from the family based on the European Convention on Human Rights (ECHR) and the right to a family life between them and a relative in the UK.

Read more:
What is the loophole that allowed a family in Gaza to come to UK on Ukraine scheme?

A government spokesperson said: "The prime minister has made clear that it is for parliament to make the laws and for the government to decide policy.

"Where the law is not working as we think it should be, the government will take action to tighten up the rules - and that is what we are doing.

"As a former chief prosecutor, the prime minister's respect for the judiciary, the role they play in our democracy and the rule of law is beyond question."

After the PMQs exchange last week, a Home Office spokesperson said: "The Ukraine Family scheme was clearly set out for Ukrainians. We have been clear that we do not agree with this judgment and we twice vigorously contested this case.

"As the prime minister made clear, article 8, the right to a family life, should be interpreted much more narrowly. It is for the government and Parliament to decide who should be covered by the UK's safe and legal routes.

"We are pursuing all legal avenues to address the legal loophole which has been exploited in this case. The home secretary is urgently reviewing this case to ensure the correct processes are always followed and existing laws correctly interpreted."

(c) Sky News 2025: England's top judge condemns Starmer and Badenoch comments on Gaza family coming to UK