CAT/OP/GBR/CSPRO/1 211. The needs of those held in detention are safeguarded by a robust statutory and policy framework for operating the detention estate. This includes: The Detention Centre Rules 2001; the Short-term Holding Facility Rules 2018; published operating standards for IRCs, escorting and pre-departure accommodation; and published detention services orders providing detailed operational guidance to detention and escorting service providers. In addition, the Home Office operates established whistleblowing procedures. In July 2020, a Whistleblowing Detention Services Order was published, providing guidance to all staff working in the detention and escorting estate on the reporting of wrongdoing. All issues raised through whistleblowing are investigated and where appropriate, lessons learned recommendations are actioned and reported to the Cabinet Office. 212. All immigration detention facilities are subject to statutory independent scrutiny by HM Inspectorate of Prisons, which carries out a rolling programme of unannounced inspections against its published ‘Expectations’ framework and publishes the reports of its inspections. At a local level, Independent Monitoring Boards oversee the administration of IRCs, the state of their premises and the treatment of detainees. Board members, who are appointed from local communities, have unrestricted access to the facilities to which they are appointed and to the people detained there. They may raise any matter of concern with Home Office Ministers and publish an annual report of their findings. “d) Introduce independent processes, both when a decision to detain is made and during detention, for the identification of people who may face a particular risk of harm in detention.” 213. There are well established safeguards in the immigration system to ensure that the decision to detain, and any ongoing detention considerations, are sufficiently scrutinised and give due regard to removability and vulnerability of each individual. 214. The Adults at Risk policy was placed on a statutory footing in the Immigration Act 2016. The policy increases the protections afforded to vulnerable people by strengthening the presumption against the detention of adults identified as at risk. Adults identified as at risk will be detained only when the evidence of the individual’s vulnerability is outweighed by the immigration control factors in their particular case. The implementation of this policy has recently been thoroughly reviewed by the Independent Chief Inspector of Borders and Immigration. 215. The Detention Gatekeeper is a cross-departmental and independent function at the front end of the detention process, ensuring only suitable individuals enter the detention estate. Decisions to detain are made independently from referring teams or case owners and there is a clear focus on removability and vulnerability. Once a person is in detention, regular reviews are undertaken to ensure that their detention remains lawful, appropriate and proportionate. The Home Office has improved the approach to the review of detention with an updated ‘Detention and Case Progression Review’ form which brings further clarity to how a progression towards return is occurring. 216. Home Office Case Progression Panels provide additional assurance and challenge on the progress of cases of individuals in detention, reinforcing the consideration of removability, vulnerability and risk factors in decisions to maintain detention. Cases are reviewed when detention reaches three months and every three months thereafter, although detained cases can be referred to the panel at any time. Following the success of a recent pilot to introduce further independence into Case Progression Panels (CPP), the presence of permanent independent panel members is being formalised within the CPP process. 217. Home Office Detention Engagement Teams (DET) have also been introduced, in doing so, we have increased the number of Home Office staff within IRCs. DET operate, using face-to-face interaction to build relationships with those in detention, help to focus them towards return and provide an important on-site link between those in detention and their case working teams. Being based at the centres, engaging with those in detention and on-site healthcare providers and suppliers, DETs are better placed to ensure that vulnerability issues are identified and managed at the earliest opportunity. 218. All Immigration Removal Centres (IRCs) have dedicated health facilities run by doctors and nurses which are managed by the NHS or appropriate providers. Detained 32

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