Government authorised to challenge verdict that Palestine Action terror group ban was illegal
The government has been given the green light to challenge a landmark High Court ruling that declared its ban on the activist group Palestine Action unlawful, in a continuing legal battle that has already cost the taxpayer nearly £700,000.
Three senior judges – Dame Victoria Sharp, Mr Justice Swift, and Ms Justice Steyn – have granted Home Secretary Shabana Mahmood permission to appeal their own humiliating February 13th decision, which found the group’s proscription as a terrorist organisation was “disproportionate”. The terror ban will remain in force until the outcome of that appeal.
A ruling on proportionality and rights
That earlier ruling dealt a significant blow to the Home Office, with the judges concluding that only a “very small number” of Palestine Action’s activities met the definition of terrorism. They stated the “nature and scale” of these actions had “not yet reached the level, scale and persistence to warrant proscription” under the Terrorism Act 2000.
The court found that the then Home Secretary, Yvette Cooper, made a “significant” error by failing to follow her own department’s policy. She did not properly consider whether imposing the severe measure of a terror ban was a proportionate response to the threat the group posed. The judges ruled the proscription resulted in “a very significant interference” with the rights to freedom of expression and peaceful assembly, as protected by the European Convention on Human Rights.
They also noted that standard criminal law was available to prosecute any genuine wrongdoing by the group, a point previously echoed by UN experts who had urged the UK not to misuse terrorism laws against the activists.
Controversial ban and widespread arrests
Palestine Action was proscribed on July 5, 2025, by Ms. Cooper, following incidents including vandalism at RAF Brize Norton. The group, founded in 2020, describes itself as a direct-action movement focused on disrupting the UK arms industry and opposing British arms exports to Israel through protests, occupations, and property damage.
The controversial ban triggered a wave of arrests. Government data shows 1,630 arrests linked to supporting the group in the year to September 2025, though activists believe the true figure is at least 2,787, with many detained simply for holding placards. In London alone, over 250 people were charged under Section 13 of the Terrorism Act 2000 for supporting a proscribed organisation, an offence carrying a potential 14-year jail term and a criminal record.
In response to the High Court’s February ruling, the Metropolitan Police announced a shift in policy, stating officers would now focus on gathering evidence of offences rather than making immediate arrests for shows of support. All prosecution cases for those already charged are currently on hold pending the appeal.
Key figures react as appeal looms
The legal challenge was brought by Huda Ammori, a co-founder of Palestine Action, who secured permission for a judicial review after a court agreed standard Proscribed Organisations Appeal Commission (POAC) proceedings were not an adequate remedy due to the urgent need for clarity given the number of people charged.
Following the High Court victory, Ms. Ammori called the decision a “monumental victory both for our fundamental freedoms here in Britain and in the struggle for freedom for the Palestinian people.”
Home Secretary Shabana Mahmood expressed disappointment, stating, “I disagree with the notion that banning this terrorist organisation is disproportionate.” Her predecessor, Yvette Cooper, defended the original ban, saying she had acted on “clear advice and recommendations” from security and law enforcement agencies.
The government will now seek to persuade the Court of Appeal that the High Court judges were wrong on the issues of proportionality and the scale of terrorist activity. A hearing to argue the consequences of the ruling is scheduled for February 20, 2026, though a date for the full appeal has not yet been set. To date, nearly 700 people have been charged with terrorism offences involving Palestine Action, but none have been convicted.
