Recommendation 40

Government guidance which came into force on 5 May 2020, although it was not published until 5 June, confirmed that individuals at high risk of contracting Covid-19 should be treated as AAR Level 3 cases. This clarification, which confirms the commitment made by the Home Office to the High Court on 26 March, is welcome although earlier publication would have provided greater clarity and reassurance. Evidence we received from the IRC providers shortly after this guidance came into effect indicated inconsistencies in their implementation of the AAR policy, specifically as it relates to those highly vulnerable detainees at greater risk of becoming ill from Covid-19. This is deeply concerning, and reflects concerns raised in evidence to us about officials’ attempts to interpret broadly drafted immigration detention policies, and the consequent litigation and uncertainty that can ensue.