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
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