Recommendation · source text
The Home Offce should strengthen its promotion of voluntary returns.
Source · Detention investigation
Assessment of government progress in implementing the report on the welfare in detention of vulnerable persons
Immigration Detention
Published 24 Jul 2018
Commissioned by Home Office
Investigator Stephen Shaw
Index summary
Follow-up assessment by Stephen Shaw examining government progress against recommendations from his 2016 review of welfare in immigration detention.
Government response
Source documentHome Secretary statement to the House of Commons, 24 July 2018 (Sajid Javid):
"I am very grateful to Mr Shaw for his comprehensive and thoughtful report. It recognises the progress this government has made in reforming immigration detention since his last report in 2016. But it also challenges us to go even further."
Four priorities announced in response:
First Priority: "Let me be absolutely clear that the government's starting point, as always, is that immigration detention is only for those whom we are confident that other approaches to removal will not work. Encouraging and supporting people to leave voluntarily is of course preferable. I have asked the Home Office to do more to explore alternatives to detention with faith groups, NGOs and within communities. As a first step, I can announce today that we intend to pilot a scheme to manage vulnerable women in the community who would otherwise be detained at Yarl's Wood."
Second Priority: "Mr Shaw describes the adults at risk policy as 'work in progress'. We will continue that progress, ensuring that the most vulnerable and the complex cases get the attention they need. We will look again at how we can improve the consideration of Rule 35 reports on possible cases of torture, while avoiding abuse of these processes. And we will pilot an additional bail referral at the 2-month point. Halving the time in detention before a first bail referral."
Third Priority: "In his report, Stephen Shaw also rightly focuses on the need for greater transparency around immigration detention. I will publish more data on immigration detention. And, today I have commissioned the Independent Chief Inspector of Borders and Immigration to report each year on whether and how the Adults at Risk policy is making a difference."
Fourth Priority: "I also want to see a new drive on dignity in detention. I want to see an improvement to the basic provision available to detainees. The practice in some immigration removal centres of having three detainees in rooms designed for two will stop immediately."
Recommendations
Recommendation · source text
While the recent decrease in the overall number of women in detention is welcome, the Home Offce should at the earliest opportunity take further steps to identify women who claim asylum in detention and whose case would be better processed in the community.
Recommendation · source text
The current Adults at Risk policy should be amended. Detention of anyone at AAR Level 3 should be subject to showing ‘exceptional circumstances’.
Recommendation · source text
Consideration should be given to AAR Level 2 being sub-divided and, if adopted, the presumption against detention for those in the upper division should be strengthened. The Home Offce should consider the merits of the UNHCR Vulnerability Screening Tool.
Recommendation · source text
The Home Offce should no longer detain any adults over the age of 70 except in ‘exceptional circumstances’.
Recommendation · source text
The Independent Chief Inspector of Borders and Immigration should be invited to report annually to the Home Secretary on the working of the Adults at Risk process.
Recommendation · source text
I recommend new arrangements for the consideration of Rule 35 reports. This should include referrals to a new body – which could be within the Home Offce but separate from the caseworker responsible for detention decisions.
Recommendation · source text
A best practice forum should be established across IRC healthcare providers.
Recommendation · source text
SystmOne templates should be urgently amended so that detainee healthcare records no longer identify detainees as prisoners.
Recommendation · source text
NHS England should continue to roll out staff training on SystmOne/HJIS, and should make sure that patient consent is consistently recorded by conducting a national case fle audit and ensuring that this is a mandatory feld in HJIS.
Recommendation · source text
The Home Offce and Ministry of Justice should conduct a review of the quality of interpreter services in IRCs.
Recommendation · source text
The Home Offce should develop a strategic plan for the type and scale of immigration estate it thinks necessary, bearing in mind the priority now attached to voluntary returns, so that the number and location of beds is proportionate to carrying out its wider aims.
Recommendation · source text
An action plan should be drawn up to address the shortcomings I found in healthcare facilities within the immigration estate to ensure a clinically safe, compliant and appropriate environment for the delivery of care to detainees.
Recommendation · source text
Waiting environments for medication distribution should be reviewed to ensure privacy and dignity, and support personal safety.
Recommendation · source text
As set out in the NHSE, Home Offce and PH(E) National Partnership Agreement, all centres should become smoke-free as soon as possible, subject to proper planning and support for detainees and staff.
Recommendation · source text
The Home Offce and Department of Health and Social Care should prepare a joint communication to IRC healthcare teams clearly laying out health-based entitlements for former detainees released into the community.
Recommendation · source text
The Home Offce should strengthen its data monitoring processes and quality assurance for the detention gatekeeper and case progression panels. In particular, it should ensure that the outcomes following case progression panels are tracked and reported.
Recommendation · source text
The Home Offce should ensure casework management processes allow for the detention gatekeeper to make decisions on all FNO cases entering immigration detention, including those transferring directly from prison at completion of a custodial sentence.
Recommendation · source text
All relevant Home Offce staff should be trained in making assessments of vulnerability within the parameters of the Adults at Risk policy.
Recommendation · source text
I recommend that a copy of this report be shared with HM Chief Inspector of Probation for her consideration.
Recommendation · source text
The Home Offce, working with the National Probation Service and Community Rehabilitation Companies, should consider how far vulnerable detainees released from detention can be offered appropriate support and supervision.
Recommendation · source text
I recommend that all caseworkers involved in detention decisions should visit an IRC either on secondment or as part of their mandatory training.
Recommendation · source text
The Home Offce should establish a joint policy with HMPPS on provision for those held in prison under immigration powers.
Recommendation · source text
Case progression panels should have fewer cases per panel to consider. The Home Offce should ensure that all required information, including information on vulnerability and AAR levels, is available and that all panel members are properly prepared on the cases before them.
Recommendation · source text
Case progression panel chairs should be of suffcient competence for the role. Attendance from all relevant parts of the Home Offce should be ensured.
Recommendation · source text
The Home Offce should review the case for an independent element in case progression panels considering those detained for more than six months.
Recommendation · source text
The Home Offce should no longer routinely seek to remove those who were born in the UK or have been brought up here from an early age.
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The Home Offce should review whether fgures relating to deaths in and after detention should be issued on a regular basis.
Recommendation · source text
The Home Offce should encourage moves to develop a digital version of the ACDT document.
Recommendation · source text
I recommend that IRC staff who have regular contact with detainees should receive mandatory safer detention training on an annual basis.
Recommendation · source text
I recommend that the Home Offce commission research into deaths in immigration detention, ‘near misses’ and incidents of serious self harm.
Recommendation · source text
The Home Offce should devise and publish a strategy for reducing the number of deaths from natural causes and those that are self-infcted in, and shortly after, immigration detention.
Recommendation · source text
The Home Offce should review with the Ministry of Justice the resource allocated to each IMB in the immigration detention estate.
Recommendation · source text
I remain concerned about the position of detainees held in the prison estate and recommend that a policy be developed to equate to Detention Centre Rule 35.
Recommendation · source text
The Home Offce should roll out the use of body worn cameras to all IRCs and robustly monitor their use.
Recommendation · source text
The Home Offce should increase the number of its staff who have direct operational experience in closed institutions.
Recommendation · source text
The Home Offce should strengthen its own assurance processes to examine adherence to professional standards and staff culture in IRCs on a regular basis.
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I recommend that the Detention Action project for ex-offenders in the community be expanded.
Recommendation · source text
I recommend the Home Offce establish an Alternative to Detention project for vulnerable persons who would otherwise be at risk of being detained.
Recommendation · source text
I repeat my recommendation that 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 to maximise contact with their families.
Recommendation · source text
Weekly multi-disciplinary review meetings should be held at all IRCs to review and progress cases and ensure appropriate care for the most vulnerable individuals in each centre. These meetings should include a range of managers and staff, and crucially should involve the dialling in of the relevant caseworker for each detainee discussed.
Recommendation · source text
No immigration detention facility should be built in future with a barely screened toilet inside a shared room, and this set-up should be upgraded in all existing facilities.
Recommendation · source text
In future, capacity in the immigration estate should not be increased by adding extra beds to rooms designed for fewer occupants. Where this has already occurred (e.g. Campsfeld House, Brook House), these extra beds should be removed, and capacity reduced or extra space created.
Recommendation · source text
Detainees should have improved access to facilities on their units at night, and night-time lock-in periods should begin as late as possible.