Source · Detention investigation

Review into the Welfare in Detention of Vulnerable Persons

Immigration Detention Published 14 Jan 2016 Commissioned by Home Office Investigator Stephen Shaw

Independent review commissioned by the Home Secretary into the welfare of vulnerable persons in immigration detention, conducted by Stephen Shaw, former Prisons and Probation Ombudsman.

Report PDF Action Plan Government Response Source

Acceptance status

64 recommendations

No Response Published 64

Government response

Source document

Strategy Recommendations: In response to the strategic recommendations, the government will follow up the written ministerial statement today with a more detailed strategy for detention in due course. Policy Recommendations: Stephen Shaw makes a number of recommendations relating to the definitions of and policy for managing vulnerable individuals in detention. In response, the government is developing a new policy defining “adults at risk”. This will recognise the breadth and dynamic nature of vulnerabilities and which will have a clear presumption against detention of vulnerable people, unless there is evidence that matters such as criminality, compliance history or imminent removal outweigh the vulnerability factors. Casework Transformation Recommendations: In order to maximise the efficiency and effectiveness of the detention estate, the government will implement a new approach to the case management of those who are detained. It will implement the new “adult at risk” policy to ensure more rigorous assessment of those entering detention through a new gate-keeping function, maintaining this rigour through the adoption of individual removals plans for all detainees, which will maintain a strong focus on and momentum towards removal. Health Recommendations: The government will carry out a more detailed mental health needs assessment in Immigration Removal Centres, using the expertise of the Centre for Mental Health. This will report in March 2016, and NHS commissioners will use that assessment to consider and revisit current provision to ensure healthcare needs are being met appropriately. In the light of the review the government will also publish a joint Department of Health, NHS and Home Office mental health action plan in April 2016. Operational Recommendations: The report makes a number of major and minor operational recommendations including a review of Detention Centre Rules 40 and 42, relating to care and separation and associated accommodation, consideration of the closure of Cedars pre-departure centre, night time closures at some centres, a review of guidance and update of the Detention Service Orders and linked reviews of population management and regime. These will be considered carefully on a case by case basis taking account of available resources. The Government expects these reforms, and broader changes in legislation, policy and operational procedures, to reduce the number of those detained, and the duration of detention before removal, in turn improving the welfare of those detained. More effective detention, complemented by increased voluntary returns without detention, will safeguard the most vulnerable while helping reduce immigration abuse and reduce costs.

Recommendations (64)

Recommendation

I recommend that the Home Office prepare and publish a strategic plan for immigration detention.

Recommendation

I recommend that the Home Office amend its guidance so that the presumptive exclusion from detention for pregnant women is replaced with an absolute exclusion.

Recommendation

I recommend that the words ‘which cannot be satisfactorily managed in detention’ are removed from the section of the EIG that covers those suffering from serious mental illness.

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I recommend that those with a diagnosis of Post Traumatic Stress Disorder should be presumed unsuitable for detention.

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I recommend that people with Learning Difficulties should be presumed unsuitable for detention.

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I recommend that transsexual people should be presumed unsuitable for detention.

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I recommend that the wording in paragraph 55.10 of the EIG in respect of elderly people be tightened to include a specific upper age limit.

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I recommend that a further clause should be added to the list in paragraph 55.10 of the EIG to reflect the dynamic nature of vulnerability and thus encompass ‘persons otherwise identified as being sufficiently vulnerable that their continued detention would … Read more

Recommendation

I recommend that the Home Office consider establishing a joint policy with NOMS on provision for those held in prison under immigration powers.

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I recommend that the Home Office consider what learning there is for IRCs from the Prison Service’s experience of operating ‘first night centres’ for those initially received into custody.

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The Home Office should consider the need for a separate DSO on LGBI detainees. Anti-‐bullying policies should include explicit reference to LGBTI detainees.

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The Home Office should consider how far it can encourage a more cohesive system through more joint training and planning, shared communications, and a recognition scheme.

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The Home Office should consider introducing a single gatekeeper for detention.

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I recommend that the Home Office immediately consider an alternative to the current rule 35 mechanism. This should include whether doctors independent of the IRC system (for example, Forensic Medical Examiners) would be more appropriate to conduct the assessments as … Read more

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I further recommend that rule 35 (or its replacement) should apply to those detainees held in prisons as well as those in IRCs.

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Once the NOMS review of ACCT is complete, there should be an urgent review of ACDT and DSO 06/2008, informed by the NOMS review and by the findings of this report.

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I note that DSO 03/2013 on food and fluid refusal is currently the subject of internal review within the Home Office. I recommend that the review consider alternatives to treatment within a prison or IRC in light of my discussion of this issue.

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I recommend that the Home Office commission a formal review of the quality of PERs and that any deficiencies are addressed. In the meantime, all staff should be reminded of the importance of completing PERs fully.

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I recommend that the Home Office consider how rapidly it can move towards a system of electronic record keeping for the PER and IS91RA.

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I recommend that the Home Office conduct an annual audit (or ask for an independent audit) of the RSRA process so that it remains an effective means of ensuring detainee safety.

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The Home Office should consider if the allocation criteria and processes to which DEPMU operates could be strengthened.

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I recommend that the Home Office and the Department of Health work together to consider whether current arrangements for safeguarding are adequate.

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Where weaknesses in particular policies have been identified in Mr Cheeseman’s audit, I recommend these be remedied at their next iteration.

Recommendation

The internet access policy should be reviewed with a view to increasing access to sites that enable detainees to pursue and support their immigration claim, to prepare for their return home, and which enable them to maximise contact with their … Read more

Recommendation

I recommend that the Home Office reconsider its approach to pay rates for detainees in light of my comments on the benefits of allowing contractors greater flexibility.

Recommendation

I recommend that all IRCs should review the range of activities offered to detainees; in particular, those that could provide skills to detainees that would be useful on their return to their home country.

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I recommend that the Home Office review detainees’ access to natural light and to the open air, and invite contractors to bring forward proposals to increase the time that detainees can spend outside.

Recommendation

The Home Office should no longer require contractors to operate an Incentives and Earned Privileges Scheme.

Recommendation

I recommend that the service provider at Yarl’s Wood should only conduct searches of women and of women’s rooms in the presence of men in the most extreme and pressing circumstances, and that there should be monitoring and reporting of these cases.

Recommendation

I recommend that Home Office Detention Operations carry out an audit of reception and holding environments to ensure that the policy on searching out of sight of other people is properly followed.

Recommendation

I recommend that the Home Office consider amalgamating and modernising rules 40 and 42.

Recommendation

The Home Office should review all the rule 40 and rule 42 accommodation to ensure that it is fit for purpose. All contractors should be asked for improvement plans to ensure that the name Care and Separation Unit is something more than a euphemism.

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I recommend that the Home Office should routinely publish statistics on the number of transfers of detainees between IRCs and STHFs.

Recommendation

I recommend that work to amend the Detention Centre Rules commence following the Home Office’s consideration of this review.

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The Home Office should review the use made of regional airports for removals.

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I recommend that the Home Office negotiate night-‐time closures at each IRC, the times of which should reflect local circumstances.

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I recommend that the practice of overbooking charter flights should cease.

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I recommend that the Home Office consider if the inspection arrangements for IRCs can ensure the involvement of the ICI.

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I recommend that the Home Office liaise with the Ministry of Justice to ensure that all IMBs in IRCs have sufficient membership at all times.

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I recommend that the Home Office seek the views of the Ministry of Justice and the Department of Health on extending section 75 of the Sexual Offences Act 2003 to IRCs, prisons and mental hospitals.

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I recommend that the Home Office review the use of fellow detainees as interpreters for induction interviews.

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I recommend that the Home Office remind service providers of the need to use professional interpreting facilities whenever language barriers are identified on reception.

Recommendation

Home Office staff should be reminded that, to ensure continuity of care, detainees should not be transferred when there is clinical advice to the contrary.

Recommendation

The Home Office and NHS England should promote the self-‐administration of drugs where risk assessments support that approach.

Recommendation

I recommend that the Home Office draw up plans either to close Cedars or to change its use as a matter of urgency.

Recommendation

I recommend that the Home Office, in consultation with NHS England, draw up explicit guidelines as to: • What informed consent looks like • What information can be shared between all parties in the event that informed consent to the … Read more

Recommendation

I further recommend that an alternative to SystmOne be pursued for those detention facilities not in England.

Recommendation

As part of its response to future growth in the demand for healthcare, NHS England needs to ensure the filling of permanent healthcare vacancies in IRCs as a priority.

Recommendation

I recommend that the Home Office, in association with service providers, consider what can be done to reduce the use of new psychoactive substances and to advise detainees on the effects of their misuse.

Recommendation

The Home Office should draw up a research strategy for immigration detention. In particular, it should consider commissioning clinical studies on the impact of detention upon women, and research aimed at improving models of care.

Recommendation

The Home Office and NHS England should conduct a clinical assessment of the level and nature of mental health concerns in the immigration detention estate.

Recommendation

I recommend that the creation of care suites across the IRC estate should be taken forward as a priority.

Recommendation

I recommend that talking therapies become an intrinsic part of healthcare provision in immigration detention.

Recommendation

I recommend that the Home Office, NHS England, and the Department for Health develop a joint action plan to improve the provision of mental health services for those in immigration detention.

Recommendation

I recommend that all caseworkers should meet detainees on whom they are taking decisions or writing monthly detention reviews at least once. The meeting should be face-‐to-‐face, or by video link, or by telephone.

Recommendation

Given my observations at each of the Heathrow terminals and at Cayley House, Tascor should arrange for refresher training for its staff on their duty of care, and the need for proper and meaningful engagement with detainees.

Recommendation

The Home Office should examine its processes for carrying out detention reviews, including looking at training requirements, arrangements for signing off cases at a senior level, and auditing arrangements.

Recommendation

As part of the examination of its own processes that I have proposed, I recommend that the Home Office consider if and what ways an independent element can be introduced into detention decision making.

Recommendation

I recommend that the Home Office give further consideration to ways of strengthening the legal safeguards against excessive length of detention.

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I recommend that the Home Office investigate the development of alternatives to detention.

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I recommend that the Home Office consider how far electronic monitoring can contribute to the goal of fair and efficient border control.

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I recommend that a discussion draft of the short term holding centre rules be published as a matter of urgency.

Recommendation

The Home Office should review the adequacy of the numbers of immigration staff embedded in all prisons.

Recommendation

I recommend that there should be a presumption against detention for victims of rape and other sexual or gender-‐based violence. (For the avoidance of doubt, I include victims of FGM as coming within this definition.)