Detention timescales

Inquiry recommendation

100match

BAHA-35 - Detention Timescales Consistency

Baha Mousa Inquiry

Theatre level detention instructions and guidance should be reviewed to ensure that references to timescales for detention are clear and consistent. Timescales for detention are an important aspect of managing the risk of abuse.

Matched on exact phrase terms: detention, timescale

PFD report

61match

Rubel Ahmed

Aug 2015 · Lincolnshire (Central)

Detainees were locked in rooms overnight against recommendations, staff lacked robust detention awareness and refresher training, and crucial information like removal directions was not shared.

Matched on terms: detention

Detention investigation recommendation

57match

Assessment of government progress in implementing the report on the welfare in detention of vulnerable persons - Rec...

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.

Matched on terms: detention

Detention investigation recommendation

57match

Review into the Welfare in Detention of Vulnerable Persons - Rec 62

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

Matched on terms: detention

Detention investigation recommendation

57match

Review into the Welfare in Detention of Vulnerable Persons - Rec 22

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

Matched on terms: detention

Detention investigation recommendation

57match

Review into the Welfare in Detention of Vulnerable Persons - Rec 21

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 well as the training implications.

Matched on terms: detention

Detention investigation recommendation

57match

Review into the Welfare in Detention of Vulnerable Persons - Rec 16

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 be injurious to their welfare’.

Matched on terms: detention

Detention investigation recommendation

57match

Review into the Welfare in Detention of Vulnerable Persons - Rec 14

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

Matched on terms: detention

Detention investigation recommendation

57match

Review into the Welfare in Detention of Vulnerable Persons - Rec 13

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

Matched on terms: detention

Detention investigation recommendation

57match

Review into the Welfare in Detention of Vulnerable Persons - Rec 12

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

Matched on terms: detention

Detention investigation recommendation

57match

Review into the Welfare in Detention of Vulnerable Persons - Rec 5

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

Matched on terms: detention

Committee recommendation

57match

#99 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

Section 12 IMA modified the common law position to provide that it is for the Secretary of State, and not the courts, to determine what constitutes a reasonable period of detention. The previous Committee concluded that this change would result in an immigration detention system that was not consistent with Article 5 ECHR.135

Matched on terms: detention

IMB recommendation

57match

Gatwick IRC/RSTHF (2022)

Building on the recommended review of AAR, ACDT and Rule 35, define and promulgate procedures and guidance to ensure cases of men “likely to be injuriously affected by continued detention” (Rule 35(1)) or who are suspected “of having suicidal intentions” (Rule 35(2)) are properly identified and assessed (section 4.4.2).

Matched on terms: detention

Detention investigation recommendation

57match

Review into the Welfare in Detention of Vulnerable Persons - Rec 10

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.

Matched on terms: detention

Committee recommendation

53match

#15 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

The Government’s position is that clause 41 “clarifies” the law. However, the operational effect would appear to amount to retrospectively making it lawful to have detained persons liable to deportation. This does not comply with Article 5 ECHR, which requires a lawful basis for detention, and Article 13 ECHR, which guarantees an effective remedy. We recommend the repeal...

Matched on terms: detention

Committee recommendation

53match

#11 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

Section 12 of the Illegal Migration Act modifies the common law position, making it for the Secretary of State, and not the courts, to determine what is a reasonable period of detention. We agree with our predecessor 62 Committee and recommend the repeal of section 12 to restore certainty and ensure compliance with Article 5. (See Amendment 14,...

Matched on terms: detention

Committee recommendation

53match

#136 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

recommendation The Government’s position is that clause 41 “clarifies” the law. However, the operational effect would appear to amount to retrospectively making it lawful to have detained persons liable to deportation. This does not comply with Article 5 ECHR, which requires a lawful basis for detention, and Article 13 ECHR, which guarantees an effective remedy. We recommend the...

Matched on terms: detention

Committee recommendation

53match

#8 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

135. The denial of a remedy for unlawful detention also risks violating Article 5(5) and Article 13 ECHR (the right to an effective remedy). If individuals have been detained pending deportation between Stage 1 and Stage 2 171 UK Home Office, ‘Border Security, Immigration and Asylum Bill: ECHR Memorandum’ (HO, 2025), para.131 172 Border Security, Asylum and Immigration...

Matched on terms: detention

Committee recommendation

53match

#133 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

However, Clause 41’s purpose is to provide a legal basis for the Home Office’s current practice of detaining people early in the deportation process, i.e. after a “Stage 1” deportation decision has been made, while the Secretary of State considers whether to make a “Stage 2” deportation order.172 Medical Justice and Bail for Immigration Detainees state that this...

Matched on terms: detention

Committee recommendation

53match

#132 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

These provisions raise issues under Articles 5, 8, and 13 of the ECHR. Article 5 is engaged by this clause as those liable to deportation will be deprived of their liberty. Any interference with Article 5 is justified where it is in accordance with the law and proportionate to achieve a legitimate aim. 165 UK Home Office, ‘Border...

Matched on terms: detention

Committee recommendation

53match

#103 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

recommendation Section 12 of the Illegal Migration Act modifies the common law position, making it for the Secretary of State, and not the courts, to determine what is a reasonable period of detention. We agree with our predecessor Committee and recommend the repeal of section 12 to restore certainty and ensure compliance with Article 5. (See Amendment 14,...

Matched on terms: detention

Committee recommendation

53match

#101 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

Academics Dr Sabina Garahan and Dr Matthew Gillet argue, “by allowing detention for such period as ‘in the opinion of the Secretary of State’ is reasonably necessary, section 12(1)(b) conflicts with fundamental standards 133 Explanatory notes, para.44 134 There is a time limit of 24 hours for detaining unaccompanied children in a short- term holding facility (Immigration Act...

Matched on terms: detention

Committee recommendation

53match

#98 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

The Government currently has the power to detain individuals for an indefinite period of time pending their deportation and removal from the UK. With the exceptions of children and pregnant women,134 there are no statutory time limits on immigration detention.

Matched on terms: detention

Committee recommendation

53match

#97 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

The JCHR’s predecessor committee raised concerns in relation to some of the above-mentioned provisions. We remain concerned by section 12, section 29, section 59 and section 62 IMA. Section 12 IMA: immigration detention

Matched on terms: detention

Committee recommendation

53match

#95 - 4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill

Human Rights (Joint Committee)

Clause 38 of the Bill repeals most of the provisions of the IMA. However, a number of provisions will not be repealed: a. Section 12, expanding powers of immigration detention (in force) b. Section 29, strengthening the disqualification from modern slavery protections for migrants who have committed criminal offences or are otherwise considered a threat to public order...

Matched on terms: detention

IMB recommendation

53match

Gatwick IRC (2021)

Introduce a time limit for immigration detention (repeated from 2018, 2019 and 2020).

Matched on terms: detention

IMB recommendation

53match

Heathrow Short Term Holding Facility (2020)

[London Heathrow Airport] The Board recommends that the Home Office, the Detention Contractor and Border Force agree a protocol so that people waiting for return flights are allowed to stay in the holding rooms, if necessary beyond 24 hours, so that they are not sent to IRCs for stays that are insufficient to allow time to rest (paras....

Matched on terms: detention

IMB recommendation

53match

Brook House (2020)

Introduce a time limit for immigration detention.

Matched on terms: detention

IMB recommendation

53match

Morton Hall IRC (2021)

We recommend that the government gathers and publishes monthly data on the number of detainees for whom a judge has granted bail but who remain in detention together with information on the length of time they have remained in detention since the judge’s decision. This data should be used to understand and track delays in release from detention...

Matched on terms: detention

IMB recommendation

53match

Yarl’s Wood (2022)

Introduce a time limit for immigration detention.

Matched on terms: detention

IMB recommendation

53match

Send (2022)

The Board continues to have concerns about the unjust detention of one IPP prisoner, who is 11 years past her original short tariff date (7.3).

Matched on terms: detention

IMB recommendation

53match

Yarl’s Wood IRC (2023)

The Board repeats the recommendation to introduce a time limit for immigration detention.

Matched on terms: detention

IMB recommendation

53match

Gatwick IRC (2023)

Introduce a time limit for immigration detention.

Matched on terms: detention

IMB recommendation

53match

Derwentside IRC (2023)

To introduce a time limit for immigration detention

Matched on terms: detention

IMB recommendation

53match

Yarl’s Wood IRC (2024)

The Board repeats the recommendation to introduce a time limit for immigration detention. If no time limit is introduced, how does the Minister plan to ensure that the amount of time people are held in detention is decreased?

Matched on terms: detention

IMB recommendation

53match

Gatwick IRC (2024)

Introduce a time limit for immigration detention (repeated from IMB annual reports since 2018).

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 63

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

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 48

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.

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 47

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

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 46

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

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 45

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.

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 39

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

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 38

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.

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 36

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.

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 35

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.

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 30

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 families. This should include access to Skype and to social media sites like Facebook.

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 29

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

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 28

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

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 27

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.

Matched on terms: detention

Detention investigation recommendation

53match

Review into the Welfare in Detention of Vulnerable Persons - Rec 26

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

Matched on terms: detention