National Preventive Mechanism Tenth Annual Report 2018–19
detention. The Joint Committee on Human
Rights led an inquiry into the Home Office’s
treatment of these individuals and published
a report on the scandal in June 2018.
However, ongoing concerns were raised
regarding the safety of detainees, high
levels of use of NPS and related violence.
For example, the Heathrow IMB reported
a significant drugs problem, gang activity
and violent incidents and at Brook House
there were 55 reports of actual or suspected
bullying over the year. IMBs at three centres
– Heathrow, Brook House and Campsfield
House – raised concerns about the high
levels of handcuffing for detainees being
escorted on external visits and the IMB
Charter Flight Monitoring Team expressed
similar concerns about the overuse of waist
restraint belts on removal flights.82
IMBs raised concerns about the operation of
the Home Office ‘adults at risk’ policy and its
effectiveness in keeping the most vulnerable
people out of detention,83 and weaknesses
in rule 35 protections were identified by HMI
Prisons at Tinsley House, a small IRC holding
just under 140 detainees.84 The adults at
risk policy aims to ensure that risk factors
related to vulnerability are balanced against
‘immigration control factors’ (i.e. the length
of time in detention, public protection issues
and compliance issues). In their evidence to
Stephen Shaw’s follow-up review, several
organisations were concerned about
whether this balance was being achieved,
particularly with regard to the evidence
levels and screening for vulnerability.85 The
Independent Chief Inspector of Borders and
Immigration will, in future, report annually on
how the policy is operating.
Detention outcomes and detention without
limit all remained problematic. IMBs voiced
ongoing concerns about the impact on
detainees’ mental and physical health of
the absence of a statutory time limit and
about the high proportion of detainees
who were released from IRCs rather than
being removed. However, they welcomed
the reduction both in the number of
people detained and the number held
for excessively long periods, and the
introduction of an automatic referral to a bail
hearing for most detainees after four months
in detention. IMBs will monitor how this
affects periods of detention.
The investigation of alleged abuse of
detainees at Brook House IRC, aired in
undercover footage by BBC's Panorama
in September 2017, was subject to
legal challenge during the year. Two of
the detainees brought judicial review
proceedings to call on the Home Office
to establish an independent inquiry into
the abuse, in line with duties under
Article 3 of ECHR (the prohibition of
torture). Shortly before the final hearing
in the case the Home Office requested
82
Independent Monitoring Boards, October 2019, National Annual Report for the Immigration Estate 2018, https://s3-euwest-2.amazonaws.com/imb-prod-storage-1ocod6bqky0vo/uploads/2019/10/IMBIDE-Annual-Report-2018-FINAL-003.pdf
[accessed 05/12/19]
83
A revised policy came into force in July 2018.
84
HM Inspectorate of Prisons, June 2018, Report on an unannounced inspection of Tinsley House Immigration Removal
Centre, https://www.justiceinspectorates.gov.uk/hmiprisons/wp-content/uploads/sites/4/2018/08/Tinsley-HouseWeb-2018.pdf [accessed 05/12/19]
85
Shaw, S., July 2018, Assessment of government progress in implementing the report on the welfare in detention of
vulnerable persons. A follow-up report to the Home Office, https://assets.publishing.service.gov.uk/government/uploads/
system/uploads/attachment_data/file/728376/Shaw_report_2018_Final_web_accessible.pdf [accessed 18/10/19]
32
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