Huntercombe

Response
I understand the Board’s continued concerns about foreign nationals who have completed their sentence but are detained at HMP Huntercombe under immigration powers. I am assured that the Home Office remains focused on progressing cases as quickly as possible to ensure detention paperwork is served at least 30 days prior to the conditional release date and, as of May 2022, compliance was at 90% for foreign nationals at HMP Huntercombe. It is acknowledged that the number of detainees in prison has risen since the start of the Covid-19 pandemic as it has affected the ability of the Home Office to deport foreign nationals due to travel restrictions, fewer scheduled flights and disruption to services which support removal such as appeals and travel documents. The Home Office also had to put in place measures to safeguard the Immigration Removal Centre (IRC) estate for those detained and staff who worked there. Whilst these measures were successful with no deaths occurring, the above challenges alongside other pressures such as the record numbers arriving illegally in the UK, Covid-19 outbreaks in the IRC estate and IRCs not being able to receive transfers initially from prisons which had Covid-19 outbreaks, resulted in capacity restraint in the IRC estate and a slower flow of time served foreign nationals from prisons. Despite the challenges there was no reluctance to allow transfers and for the period March - December 2020 there were 210 transfers from HMP Huntercombe and 239 during January - December 2021. Home Office Detention and Escorting Services also worked closely with HM Prison and Probation Service (HMPPS) on a joint initiative pilot to assist with the transfer of time served foreign nationals from outbreak prisons into the IRC estate subject to two negative lateral flow tests and a third on arrival at the IRC. This process started in February 2021 initially with HMP Huntercombe before extended to other outbreak prisons and these evidence that the Home Office and HMPPS remained committed to maintaining transfers for time-served detained individuals. In addition, the Home Office is constantly reviewing progress to ensure removal mechanisms are working as effectively as possible. A joint Home Office and HMPPS Early Release Scheme (ERS) Taskforce is focusing on removing barriers earlier to speed up the efficiency of ERS removals but it remains the case that legal challenges and travel documents can delay removals taking place early in the ERS window. However, the numbers being returned via ERS are almost back to pre-pandemic levels and recent time to removal within ERS is 52 days. The Facilitated Release Scheme (FRS) is also available to foreign nationals who are serving, or have served, a custodial sentence and since 2021 the eligibility criteria expanded which has resulted in an increase in EEA and non-EEA applicants, with 402 FRS returns between March and December 2021 and 291 FRS returns between January and March 2022. Regarding the detainee the Board refers to in its report, the individual was risk assessed as suitable for transfer to an IRC in June 2021 prior to the custodial sentence end date. Bail was also granted in principle by an Immigration Judge, but suitable accommodation could not be secured. At the time the individual became time-served there was a critical shortage of IRC spaces, due to two centres being in Covid isolation. However, when the individual transferred to hospital in August 2021 it was agreed exceptionally, that on discharge from hospital, that the individual would transfer to an IRC which took place. The Home Office also has a collaborative working relationship with HMP Huntercombe and the new foreign national Information Hub, implemented by HMPPS, demonstrates a joined-up approach to communication that supports the foreign national with information as they go through the deportation process. Embedded Immigration Officers locally at the prison also seek to ensure that foreign nationals are informed of the deportation processes as early as possible, as well as being able to answer queries and respond to case updates to keep them informed. In November 2021, HMPPS also introduced two policies to further support detainees held in prison. The first unlocked access to legal-aid advice, with all detainees now issued with contact details of the ten most local legal advisors, as well as having access to legal visits for a minimum of 30 minutes within a week of a visit request. The second policy provides detainees with an additional weekly payment of £5 which has been funded by the Home Office to bring parity for detainees held in prison instead of an IRC. In addition, as it is necessary for some detainees to remain in prison due to the risk that they pose, HMPPS plans to introduce a policy framework for Immigration Detainees in Prison later this year which will cover various aspects of support and the regime that detainees should receive to ensure parity with IRCs.

Response
I understand the Board’s continued concerns about foreign nationals who have completed their sentence but are detained at HMP Huntercombe under immigration powers. I am assured that the Home Office remains focused on progressing cases as quickly as possible to ensure detention paperwork is served at least 30 days prior to the conditional release date and, as of May 2022, compliance was at 90% for foreign nationals at HMP Huntercombe. It is acknowledged that the number of detainees in prison has risen since the start of the Covid-19 pandemic as it has affected the ability of the Home Office to deport foreign nationals due to travel restrictions, fewer scheduled flights and disruption to services which support removal such as appeals and travel documents. The Home Office also had to put in place measures to safeguard the Immigration Removal Centre (IRC) estate for those detained and staff who worked there. Whilst these measures were successful with no deaths occurring, the above challenges alongside other pressures such as the record numbers arriving illegally in the UK, Covid-19 outbreaks in the IRC estate and IRCs not being able to receive transfers initially from prisons which had Covid-19 outbreaks, resulted in capacity restraint in the IRC estate and a slower flow of time served foreign nationals from prisons.

Response
Following a pause in the development of the new Prisoners’ Property Policy Framework due to Covid-19, HMPPS circulated the draft Framework with internal and external stakeholders, including the IMB Secretariat and the IMB representatives previously consulted. The feedback that was received has been considered and adjustments to the new Prisoners’ Property Policy framework have been made where appropriate. The Framework is currently going through clearance processes and it is now anticipated that publication will take place this Summer. The Board can be assured that the new Framework will enable property to be handled with efficiency, care and respect. It will also ensure that staff and prisoners are clear on the arrangements in place as it provides clear requirements and includes stronger guidance on known problem areas, such as volumetric control to ensure limits are respected and prisoners do not build up excessive amounts of property which require transfer or could be misplaced. Regarding the Board’s request for a consistent list of in-possession property, Annex C of the Incentives Policy Framework provides a National Facilities List (NFL). The NFL is divided into two parts, with a minimum list of property items that prisons must allow prisoners to have, irrespective of their incentive level and a second part allows prisons to choose additional items to add to their local facilities list. This offers a level of consistency in operating local incentive schemes, whilst providing prisons the opportunity to tailor their schemes for their local population and autonomy to decide the incentive level prisoners must be on to access these additional items. It is also recognised that many property issues at HMP Huntercombe relate to specific sending prisons and to address these the prison is liaising with managers at the relevant prisons.