Source · Detention investigation
Investigation into the Disturbance and Fire at Yarl's Wood Removal Centre
Immigration Detention
Published 10 Oct 2004
Commissioned by PPO
Subject Home Office
Investigator Prisons and Probation Ombudsman
Index summary
PPO special investigation into the disturbance and fire at Yarl's Wood Removal Centre on 14-15 February 2002, approximately three months after the centre opened.
Government response
Source documentLords Written Statement, 16 November 2004 (Baroness Scotland of Asthal, Home Office):
"We are today publishing the report by the Prisons and Probation Ombudsman, Stephen Shaw, of his investigation into the serious disturbance at Yarl's Wood Immigration Removal Centre on 14 and 15 February 2002."
"The report criticises the handling by the contractor Group 4 of the incident which gave rise to the disturbances. It identifies weaknesses in design and materials which it attributes to the time constraints under which the centre was built, and which, in Mr Shaw's view, rendered it unfit for purpose and unable to withstand the assault on it that occurred on 14 and 15 February 2002."
Actions already taken: "The Colnbrook removal centre, which opened recently, was built to a much more robust design. The Harmondsworth centre, originally built to the same design as Yarl's Wood, was extensively refurbished, with the installation of sprinklers and the strengthening of parts of the infrastructure, as was the surviving part of Yarl's Wood. The command structure in the event of a disturbance was clarified and improved, and effort invested in staff training."
Accepted recommendation 60: "We have already accepted Stephen Shaw's recommendation (number 60) that a forum comprising officials, contractors and relevant interest groups be set up to consider provision of purposeful activity in removal centres. The forum will be chaired by the Senior Director, Operations in IND, and the Chief Inspector of Prisons will be invited to be represented."
On remaining recommendations: "Stephen Shaw's report makes a large number of other recommendations, many of which have already been acted on, while others will now be considered carefully and progressed, along with relevant conclusions of Sue McAllister's report. My right honourable friend the Home Secretary has asked IND senior management to draw up an action plan based on these for publication in early 2005."
Recommendations
Recommendation · source text
GSL reviews deployment of staff to incidents and the use of ‘talk through’ mode on the radio allowing officers to self deploy.
Recommendation · source text
the use of remotely-operated locks for zone gates be considered in all future removal centre designs, taking account of any fire safety requirements.
Recommendation · source text
IND reviews the location of command suites in existing and future removal centres.
Recommendation · source text
• Contractors be required to draw up and implement action plans following any serious incident. The plans should incorporate all lessons learned and, where those lessons are generic, should be applied across all the contractor’s centres;
• IND monitors implementation within agreed timescales;
• IND ensures that contractors prepare contingency plans for multi-faceted incidents; and
• GSL reviews training for its senior managers to ensure they are fully prepared to manage command suites.
• IND monitors implementation within agreed timescales;
• IND ensures that contractors prepare contingency plans for multi-faceted incidents; and
• GSL reviews training for its senior managers to ensure they are fully prepared to manage command suites.
Recommendation · source text
the question of staffing levels be reviewed to assess if future contracts should contain more prescriptive requirements in relation to staff numbers.
Recommendation · source text
IND reviews with contractors those sections of contracts dealing with advanced C&R.
Recommendation · source text
GSL reviews its fire contingency plans to ensure they are appropriate and offer adequate protection for detainees and staff.
Recommendation · source text
GSL reviews its fire signage at all its centres and carries out regular management checks to ensure all fire safety measures are complied with.
Recommendation · source text
IND reviews its systems for assessing contract bids in the light of the Yarl’s Wood experience. In particular, consideration should be given to bringing in independent expertise to help with the assessment.
Recommendation · source text
IND pulls together the lessons on design from the Yarl’s Wood experience (size, long corridors, siting of the control room, construction materials etc) and ensures that they underpin the production of any future footprints or alternative designs submitted by contractors.
Recommendation · source text
IND specifically and independently assesses whether a proposed construction material meets the particular needs of the project.
Recommendation · source text
IND and the Prison Service give further consideration to contingency arrangements to ensure greater clarity and proper lines of accountability, and which, ideally, give IND ultimate authority and responsibility for the management of incidents. Failing this, I recommend a small cadre of potential Gold Commanders be prepared/trained specifically for handling removal centre disturbances. This should include briefing on the ethos of the centres, the powers that can be exercised to control detainees, site familiarity visits and a period shadowing a centre manager.
Recommendation · source text
the Home Office restrict the use of special urgency notification procedures to cases of absolute necessity (as indeed is required by the relevant regulations).
Recommendation · source text
for future removal centre projects a local liaison officer be appointed, the major part of whose job will be to identify properly interested stakeholders and consult and inform local people.
Recommendation · source text
IND and the Finance and Services Directorate ensure that no major project is again allowed to proceed without a properly constituted business case.
Recommendation · source text
the fire safety adviser and the Crown Property Inspection Group take early steps to establish provenance on receipt of any request for advice and that they reserve their position until the matter has been resolved.
Recommendation · source text
I do not think the case is made out for the installation of sprinklers in all removal centres, no matter what their size, function, or construction. It seems to me that each case should be judged on its merits, and this is what I recommend.
Recommendation · source text
arrangements are introduced to prohibit the staff of removal centres and escort contractors from membership of racist organisations.
Recommendation · source text
in future, all contractors be required to affiliate to the Custodial Care National Training Organisation.
Recommendation · source text
when a new centre opens, the relevant Project Board issues specific instructions to DEPMU about population build up.
Recommendation · source text
contractors be required to establish permanent liaison arrangements with local residents.
Recommendation · source text
IND issues instructions to Immigration Service staff in removal centres governing effective engagement with detainees.
Recommendation · source text
those likely to represent the Immigration Service in the Gold suite at Prison Service headquarters should attend a number of Prison Service incidents to familiarise themselves with general processes and practices.
Recommendation · source text
In my earlier report on Yarl’s Wood, I recommended that GSL should work closely with Aramark to ensure that meals meet as wide a range of cultural needs as possible, and that, given the ever-changing population, the menu on offer should be kept constantly under review. I repeat that recommendation here.
Recommendation · source text
the food be checked daily for quality and quantity by the contract monitor.
Recommendation · source text
Group 4 (and other contractors) provides the cheapest phone service possible to detainees and that it ensures its phone systems fully meet the needs of detainees.
Recommendation · source text
Given the importance of the internet in most people’s daily lives, I also recommend that detainees be allowed regulated access to it. This will help them keep in touch with what is going on and may help in relation to their appeal as well as creating some sense of normality and control in their lives.
Recommendation · source text
IND ensures assistance is provided to detainees to help them sort out their affairs following their detention and/or to facilitate their return to the community.
Recommendation · source text
IND hosts regular forums for centre managers and for other grades of staff.
Recommendation · source text
the operating standards be completed and rolled out across the estate as soon as possible and to a published timetable.
Recommendation · source text
IND produce a security manual for the detention estate.
Recommendation · source text
GSL reviews its staff training in respect of handling and defusing confrontation.
Recommendation · source text
as a minimum, every centre should engage the services of an in-reach psychiatric nurse and that the service be actively promoted on induction and afterwards.
Recommendation · source text
the Home Office enters into discussion with the Association of Chief Police Officers to agree and distribute clear advice to all police forces on the issue of police powers in respect of disturbances in closed institutions.
Recommendation · source text
the use of detainees as interpreters in medical situations should cease.
Recommendation · source text
contract monitors regularly check that the Detention Centre Rules and operating standards are readily available to detainees.
Recommendation · source text
GSL 4 reviews its training in respect of dynamic security and that managers constantly monitor staff presence on the wings.
Recommendation · source text
GSL seeks the views of its existing staff to determine what more is required by way of training.
Recommendation · source text
when a new removal centre opens, staff from other centres be seconded in for the first few weeks to support and guide the new staff.
Recommendation · source text
following assessment or action on an SIR, a copy of the document, duly completed by the relevant manager, be given to the member of staff who submitted it.
Recommendation · source text
GSL reviews its management training to emphasise the need for managers to be visible, accessible and responsive.
Recommendation · source text
IND reviews and clarifies its role in overseeing the operation of removal centres, notwithstanding principles pertaining to transfer of risk.
Recommendation · source text
GSL reviews its shift systems with a view to ensuring consistency of operation and that staff are able to perform at their optimum throughout their duty.
Recommendation · source text
IND reviews complaint handling in removal centres with a view to establishing greater consistency. The review should take account of procedures for recording complaints. Records should show what the complaint was, when it was made, when resolved and what the resolution was.
Recommendation · source text
IND and GSL resolve the matter of twin protocols as a matter of priority since it is presumably replicated in relation to all GSL’s immigration establishments.
Recommendation · source text
contract monitors be given training in complaints handling.
Recommendation · source text
Finally, an independent element should be introduced at the apex of the system. HM Chief Inspector of Prisons has called for the appointment of an independent Ombudsman for the immigration detention estate. The Refugee Council quite independently recommended the same. Given our existing responsibility for death in custody investigations in the Immigration Service estate, this role might sensibly accrue to the Prisons and Probation Ombudsman’s office.
Recommendation · source text
fire drills be held at Yarl’s Wood at least monthly and that the requirement for detainees to leave the building be rigorously enforced.
Recommendation · source text
a member of the senior management team at Yarl’s Wood be given specific responsibility for fire safety.
Recommendation · source text
IND arranges for the weight of each contract monitor post to be assessed to determine both the appropriate grade of the contract monitor and the level of support he/she should have.
Recommendation · source text
relevant experience in either custodial management or contract management be a requirement for the post.
Recommendation · source text
Finally, a comprehensive training package be drawn up for new contract monitors. This should include a period shadowing another contract monitor.
Recommendation · source text
In my earlier report on Yarl’s Wood, I made a range of recommendations regarding the IMB. These were that the Board:
• regularly attends training for DCOs;
• undertakes training in race relations and cultural awareness;
• draws up a Mission Statement;
• introduces instructions for duties which must be undertaken during the course of its visits. This should include monitoring of use of force forms; and
• steps up efforts to recruit members from different cultures and age groups
With the exception of the third of these, I repeat these here in relation to the entire detention estate.
• regularly attends training for DCOs;
• undertakes training in race relations and cultural awareness;
• draws up a Mission Statement;
• introduces instructions for duties which must be undertaken during the course of its visits. This should include monitoring of use of force forms; and
• steps up efforts to recruit members from different cultures and age groups
With the exception of the third of these, I repeat these here in relation to the entire detention estate.
Recommendation · source text
IND reviews disciplinary arrangements in removal centres.
Recommendation · source text
IND consults upon the merits of incentives schemes and the terms of a single national framework - to reflect a consistent set of principles and processes - within which schemes could operate.
Recommendation · source text
the police and the Prison Service pursue on a national basis arrangements for Prison Service Tornado units and the police to work together and for a training protocol.
Recommendation · source text
a forum comprising officials, contractors and interest groups be set up to consider provision of purposeful activity in removal centres and in particular the feasibility of voluntary/charity work along the lines of (and possibly supported by) the Inside Out Trust.
Recommendation · source text
IND explores this option with the Inside Out Trust.
Recommendation · source text
consideration be given to paying detainees an allowance for attending centrally organised activities.
Recommendation · source text
IND seeks speedily to reach agreement with the Prison Service about sharing of information with both DEPMU and security managers in removal centres.
Recommendation · source text
When a legislative opportunity arises, I recommend that removal centres are re-labelled as immigration detention centres.
Recommendation · source text
courtesy keys and locks be introduced in removal centres.
Recommendation · source text
a single lock-down time be introduced across the detention estate, but that detainees be allowed to smoke in their rooms and that a television is provided in each room or dormitory.
Recommendation · source text
IND consults contractors when it is considering major new operations and gives them adequate time to prepare. The contract should also be re-visited where appropriate.
Recommendation · source text
IND adopts a more consultative approach in the future by means of regular IND/contractor meetings at director level to discuss issues facing the detention estate.
Recommendation · source text
IND ensures that a requirement immediately to inform the IMB of any major incident should be incorporated in each contractor’s contingency plans.
Recommendation · source text
IND ensures plans and other relevant documents for each centre are placed in the Prison Service Gold command suite.
Recommendation · source text
IND/the IMB Secretariat circulates fresh advice both to contract monitors and Independent Monitoring Boards about their role during a major incident.
Recommendation · source text
Group 4 builds into its contingency plans reference to the need to follow proper procedures and to complete relevant paperwork in the aftermath of a serious incident.
Recommendation · source text
contract monitors receive additional briefing on what to monitor and how to enforce compliance following a serious incident.
Recommendation · source text
if the allegation that a detainee was assaulted by staff is not being pursued through the courts, GSL carries out a full investigation.
Recommendation · source text
contractors be required to include in their contingency plans the steps they will take following an incident of this kind to ensure that detainees know how to claim for lost property. The plans should include the identity of a named individual who will be responsible for addressing and resolving all such claims within one month of the incident.
Recommendation · source text
GSL consults its staff to determine how best a review of the events at Yarl’s Wood in 2002 can be organised.
Recommendation · source text
Notwithstanding the advice I have received that waivers of claims under the Riot (Damages) Act are to be introduced into all future contracts, I make a formal recommendation to this effect in the hope that thereby the lesson will not be lost.
Recommendation · source text
IND, jointly with the Prison Service, works with the police and the CPS to establish a national protocol for the conduct of inquiries into serious events where there is the possibility of criminal charges.
Recommendation · source text
the removal estate uniformly adopts the currency ‘escape’ in place of abscond to describe a successful break-out from a closed institution.
Recommendation · source text
IND replaces the term ‘special needs’ with ‘heightened risk’.
Recommendation · source text
Group 4 reviews its roll count procedures to ensure they are accurate and efficiently carried out.
Recommendation · source text
a computerised system of real time tracking be introduced to show exactly where a given detainee is at any time – that is, in a centre, in transit or whatever. This should not rely on the completion of protracted reception procedures.