I am the father of Amy Houston.

My only child, she was kind and thoughtful, with a strong sense of right and wrong. She loved animals and wanted to be a vet when she grew up. Amy was 12, and would have become a smart, beautiful young woman who would have made us very proud.

On 24 November 2003, Amy went to the shops to buy some sweets. As she crossed the road she was knocked down by a car and killed. The driver, who should not have been behind the wheel of a car, fled the scene – although he later handed himself in to the police. The police concluded there was insufficient evidence of dangerous driving. A verdict of accidental death was recorded and the only criminal charges that arose were driving without a licence and without insurance, and fleeing the scene. It turned out that he had been disqualified from driving twice before. He was sentenced to four months in prison.

What hit the headlines was the fact that the driver was a foreigner. Aso Mohammed Ibrahim, an Iraqi Kurd, came to the UK in 2001, but his application for asylum was refused; by the end of 2002 he had exhausted his appeal rights. However because of the war in Iraq, and the government's policy of not sending people back to places of open conflict, he was given the right to remain in the UK. His removal would not be enforced until the situation there became more stable.

Once Iraq had stabilised, the Home Office had two options – to remove Ibrahim on the grounds of his failed asylum claim, or deport him because of his criminality. Clearly it should have tried to deport him. This would have allowed the Home Office to place his criminal and repeat offending (he continued to offend, including driving while disqualified, after Amy died) at the heart of his immigration case – and would have meant he could never return. If the Home Office had done this, it would have protected the public from his constant offending and would have sent the message that if you come to the UK, you must respect our laws.

But the Home Office didn't try to deport him. The Home Office only argued that he should be removed so that he could reapply for entry using the correct channels. By the time the case came to court Ibrahim said he was married with two kids. He argued he had a right to a family life and shouldn't be removed. Because the Home Office stated that once he was back in Iraq there was nothing to stop him applying to re-join his family (because it wasn't trying to deport him), the immigration judge decided that it wasn't necessary for him to leave.

This caused outrage and the case went to the court of appeal – which wasted no time pointing out that it was the Home Office that had messed up from the very beginning. It should have argued that Ibrahim be deported and not allowed back – which it could have done as soon as the war in Iraq ended. Given his repeat offending, I am convinced that the immigration judge would have agreed to this.

With Liberty's help, I raised my concerns about the Home Office's conduct with the parliamentary ombudsman, who put my concerns to the Home Office. It now admits that it never tried to deport him. The Home Office has also admitted that it was not clear with me about its power to deport – and, to that extent, has offered me an apology.

My daughter's case has been used as an example of all that is wrong with the Human Rights Act. I want to be clear: I support human rights. We have no need for a new bill of rights because the Human Rights Act already contains all the protection we need. I support the right to asylum and rights of victims. I support the right to family life that, as the courts know, is always balanced against other rights.

What I expect is for the Home Office to apply its own policies correctly – not use human rights to mask its own failings. For example, asking landlords to check the status of tenants, as proposed in the Queen's speech on Wednesday, will lead to suspicion that anyone who has a foreign-sounding name or isn't white must be here illegally.

My daughter's death was used to hide administrative incompetence and feed an anti-human rights political agenda – not only dishonouring Amy's memory and insulting me, but undermining rights and freedoms for everyone.

Paul Houston's daughter, Amy, died as a result of a hit-and-run accident in 2003