CAT/OP/GBR/CSPRO/1
notify the duty solicitor under the scheme. The duty solicitor will contact individuals who
wish to access this service directly. Service providers’ welfare teams and on-site Home Office
staff have a working knowledge of the LAA’s services, with welfare teams signposting the
legal support available to those in detention. At all IRCs, individuals who are detained and
who already have legal representation may receive visits from their advisors by appointment.
These visits take place in private, in designated interview rooms within sight (but not earshot)
of detainee custody officers. Individuals detained in IRCs are also able to contact their
representatives by telephone, fax, personal email and through Skype video calls and
additional mobile phone credit is also being provided. In exceptional circumstances, and for
individuals facing imminent removal from the UK, face to face legal visits can occur where
other means of contact (video calling, telephone, email) are not feasible.
204. All individuals arriving at an IRC ahead of their removal receive an induction from
the IRC service provider (within 24 hours) and then with a Home Office representative
(within 48 hours of arrival) in which they are signposted to means of accessing legal advice,
additional support and assistance. All individuals detained in an IRC are able to engage with
the on-site Home Office team for information or updates on their immigration case
throughout their stay, seven days a week.
205. All detained individuals are entitled to the categories of immigration legal services
specified in Schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(LASPO) and legal aid is available for detained individuals in prison on the basis of the same
eligibility criteria for those detained in IRCs.
206. Individual prison establishments are required to have in place processes to ensure
prisoners (including those detained under immigration powers) are provided with
information and access to independent advice from their first night in custody (PSI 07/2015)
and throughout their time as a prisoner (PSI 75/2011), including specific obligations on
prisons to ensure that prisoners are able to access independent immigration advice when it is
required (PSI 52/2011).
207. Publicly funded immigration advice and representation has been provided to prisons
by 44 separate providers over the last three years. More generally, there are 186 firms (as of
October 2020) certified to provide publicly funded immigration and asylum advice, spread
across 278 offices in England and Wales (October 2020). All of these providers are
authorised to provide immigration and asylum advice in prisons.
208. Additionally, the Courts can, and do, hold us to account on detention decisions and
Judicial oversight remains an important part of the detention system, with individuals able to
apply to the Tribunal for immigration bail at any time during their detention. Furthermore,
there is provision for an automatic bail referral at the four-month point for those who are not
foreign national offenders.
“c) Ensure effective oversight, monitoring and complaints policies and procedures in
the immigration detention estate to ensure that any ill-treatment is immediately
identified and ensure the effectiveness of investigations into allegations of ill-treatment.”
209. The UK operates a comprehensive complaints system for detained individuals who
feel that they have not been treated in accordance with our standards. We take detained
individuals’ complaints very seriously and ensure that they are investigated thoroughly and
in a timely manner. Complaints from detained individuals are investigated in accordance with
published guidance; Detention Services Order 03/2015 Handling Complaints. Detained
individuals who submit complaints are not disadvantaged in any way in relation to their
treatment while in detention, or in relation to the outcome of their immigration case.
210. Complaints made under formal procedures are categorised as either; service delivery
complaints, minor misconduct complaints or serious misconduct complaints. Complaints
made by those in detention or under escort are handled by our contracted service providers.
However, the process and handling is monitored and quality assured by a dedicated Home
Office Detention and Escorting Services complaints team. Serious misconduct complaints
are sent for investigation by the Home Office Professional Standards Unit. Detained persons
who are not satisfied with the way in which their complaint has been handled may ask for it
to be reviewed by the independent Prisons and Probation Ombudsman.
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