CAT/OP/GBR/CSPRO/1
individuals arriving at IRCs are medically assessed by a nurse within two hours of their
arrival and offered an appointment with a doctor within 24 hours. Individuals also have
access to medical assistance whilst they are in an IRC. The Detention Service Order 08/2016
‘Management of adults at risk in immigration detention’ was published to ensure all staff,
including healthcare staff, are aware of the additional responsibilities towards individuals
identified as adults at risk and includes a range of mitigation and safeguarding actions, such
as personalised and supported living care plans.
219. Rule 35 of the Detention Centre (DC) Rules 2001 requires doctors working in IRCs
to report to the Home Office where they have concerns that an individual (i) is likely to be
injuriously affected by continued detention or any conditions of detention or (ii) suspects of
having suicidal intentions or (iii) may have been a victim of torture. All reports raised under
DC Rule 35, or Short-Term Holding Facility Rule 32, are now considered by a single team
within the Home Office which is independent from detained casework commands. The team
does not manage any individual in detention, and it makes an independent decision based on
the individual circumstances of the case in line with the Adults at Risk in Immigration
Detention Policy. Following due consideration, a decision will be made and relayed to the
individual, their appointed representative, the relevant IRC or STHF and the casework team
as to whether or not continuing detention remains appropriate.
220. We have also restricted the circumstances in which pregnant women may be detained
and placed a time limit on their detention – 72 hours, extendable to up to a week with
Ministerial authority. Between January 2020 and September 2020, there were a total of 7
pregnant women that had been detained in the immigration removal estate.
221. We ended the routine detention of families with children in 2010, introducing the
family returns process to deal with families with no right to be here, including a greater focus
on voluntary return. Where it is necessary to enforce a family’s departure and to do so via
detention, this will be in specially designed accommodation and only for a normal maximum
of 72 hours (extendable to up to a week with Ministerial authority). Key aspects of family
returns process, including detention time limit, are enshrined in Immigration Act 2014.
E.
Court Custody
“104. The Subcommittee calls on the State Party to implement the recommendations of
the reports of the NPM member (Lay Observers) and to ensure that:
a) the accurate and complete records, in particular of PERs, are maintained;”
England and Wales
222. The new Prisoner Escort Custody Service (PECS) contract which commenced in
August 2020 is introducing a digital solution to the PER (the DPER) which will ensure that
transport for Detained Persons cannot be booked if there is insufficient information on the
DPER. The DPER will automatically populate some information from existing databases and
the system also includes mandatory fields which must be filled to allow completion. It is
anticipated that the introduction of the new DPER will significantly improve completion rates
for elements of the PER that are not completed consistently. PECS are continually working
with all CJS partners to monitor and assure this process.
Northern Ireland
223. Prisoner Escorting and Court Custody Service (PECCS) are responsible for those held
in the 17 court custody suites in Northern Ireland. PERs are completed on all persons placed
in our care. These records are subsequently utilised to provide the necessary information to
our reception staff within prisons and our partners should individuals be remanded or
sentenced into our establishments. This information along with police custody information
(PACE 15 & 16) assist PECCS staff to complete an individualised risk assessment on those
held in court custody suites.
“b) an individualized risk assessment is made for each person in court custody;”
33
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