Immigration detention in the United Kingdom

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Immigration detention in the United Kingdom is the practice of detaining foreign nationals for the purpose of immigration control. [1] Unlike some other countries, UK provisions to detain are not outlined in a codified constitution. Instead, immigration enforcement holds individuals under Powers granted in the Immigration Act 1971 and by the Home Office Detention Centre Rules (2001). [2] [3] The expressed purpose of immigration detention is to "effect removal; initially to establish a person's identity or basis of claim; or [implement] where there is reason to believe that the person will fail to comply with any conditions attached to a grant of immigration bail." [4] Detention can only lawfully be exercised under these provisions where there is a "realistic prospect of removal within a reasonable period". [5]

Contents

In 2019, a majority of immigration detainees were individuals who were seeking, or had claimed, asylum (58%). [6] Other individuals liable for detention include those held while awaiting determination of their right to enter the UK, people who have been refused permission to enter and are awaiting removal, people who have overstayed the expiry of their visas or have not complied with their visa terms, and people lacking the required documentation to live in the UK. [7]

The British Home Office currently operates one Pre-Departure Accommodation, [8] three residential Short Term Holding Facilities (STHFs), seven Immigration Removal Centres (IRCs) [9] and 13 In-Use Short-Term Holding Facilities which can be used to detain individuals under Immigration Act Powers. [10] HM Prisons are also used as settings of detention under Immigration Powers, usually if the detainee was serving a prison sentence which expired. [11]

The management of a majority of IRCs is outsourced to private companies including Mitie, GEO Group, G4S and Serco. [12]

The Nationality, Immigration and Asylum Act 2002 formally changed the name of "detention centres" to "removal centres".

Removal centres

The UK removal centres are:

Policies

The British government has been given powers to detain asylum seekers and migrants at any stage of the asylum process. [22] The use of asylum has increased with the introduction of the process of "fast track", or the procedure by which the Immigration Service assess asylum claims which are capable of being decided quickly. Fast-tracking takes place in Oakington Reception Centre, Harmondsworth and Yarl's Wood.

There are three situations in which it is lawful to detain an asylum seeker or migrant.

  1. To fast track their claim
  2. If the government has reasonable grounds to believe that the asylum seeker or migrant will abscond or not abide by the conditions of entry.
  3. If the asylum seeker or migrant is about to be deported.

Figures published for January – March 2008 by the Home Office [23] revealed the following:

Once detained it is possible to apply for bail. It is preferable but not necessary to provide a surety and conditions will be provided, usually reporting, if bail is granted. There is legal aid for representation at bail hearings and the organisation Bail for Immigration Detainees provides help and assistance for those subject to detention to represent themselves. [24]

Since summer 2005 there has been an increase in the detention of foreign nationals since the Charles Clarke scandal which revealed that there were a number of foreign nationals who had committed crimes and had not been deported at the end of their sentence. [25]

Criticism of immigration detention focuses on comparisons with prison conditions [26] in which persons are kept though they have never been convicted of a crime, the lack of judicial oversight, and on the lengthy bureaucratic delays that often prevent a person from being released, particularly when there is no evidence that the detainee will present a harm or a burden to society if allowed to remain at large while their situation is examined.

Recently, the conditions of detention centres have been criticised, by the United Kingdom Inspector of Prisons. [27]

The Tinsley Model

In 1996 Immigration Detention Centre Tinsley House was commissioned. It was the first purpose-built immigration detention facility in the United Kingdom and was initially managed by the British subsidiary of the American Wackenhut Corporation.

The original senior management of Tinsley House, specifically the centre director and its operations manager, pioneered an adapted version of Wackenhut's philosophy of "Dynamic Security" that promoted a regime of caring custody, emphasising positive relations between staff and detainees and encouraging the respectful and sensitive handling of all detainee related issues.

This concerned approach towards detainee management was quickly embraced by the centre's chaplain, who reinforced the existing commitment to caring custody through the creation of specialised training programmes for the centre's staff and by increasing the size and diversity of the centre's chaplaincy team.

With the active support of the centre's senior management, the Tinsley House chaplaincy set about the task of addressing in detail the dietary, cultural, religious and social needs of the centre's population inviting a variety of religious ministers and representatives of cultural groups to attend the centre to provide pastoral support. Tinsley House became the first detention centre in the United Kingdom to operate a comprehensive regime of religious and cultural observance and to operate a diversity of permanent religious facilities.

The attention to religious and cultural needs combined with an overt commitment on the part of the detention centre staff towards treating those in their custody with care and sensitivity began to impact the environment and operations at Tinsley House. Detainees would write messages of appreciation to members of staff noting their efforts of assistance and staff would regularly form respectful friendships with those in their charge.

The product of this regime, which became known as the "Tinsley Model" was to result in an environment which, during its first decade of operations, incurred no incidence of death, riot or disturbance; a performance which remains unmatched in the history of the UK Immigration Service.

The "Tinsley Model" attracted the attention of the Prince of Wales as well as numerous religious and political leaders and was cited as being a graphic example of the effectiveness of "caring custody". [28]

In December 2001 the senior chaplain of Tinsley House authored a report to the Home Secretary detailing the essence of the Tinsley Model, recording its positive effects and outlining how this regime might be exported throughout the Immigration estate. The report was signed by sixteen bishops, four leading Muslim clerics, representatives of the Sikh and Hindu communities, four members of the House of Lords and the Member of Parliament for Crawley.

The Home Office response to this proposal was to pass it to the Immigration Minister who forwarded it to the head of the Immigration Service who in turn requested that it be actioned by the director responsible for Detention Operations. The Detention Operations department of the Immigration Service did not accept the findings of the report and expressed their displeasure at the centre's operating company (now Group 4) "interfering" in government policy issues and which resulted in the suspension of the centre's senior chaplain.

A month after this report was published; the newest facility in the Immigration estate, the £40 million Yarl's Wood detention centre near Bedford was largely destroyed by fire as a result of altercations between staff and detainees.

With a lack of support from the Immigration Service, the introduction of Group 4's management style (with its largely prison based philosophies) and the departure of the centre's original management team, the "Tinsley Model" became increasingly difficult to maintain resulting in a decline in the centre's previously caring regime.

In 2009 an unannounced inspection of Tinsley House by HM Chief Inspector of Prisons reported that "conditions had generally deteriorated and the arrangements for children and single women were now wholly unacceptable" and that "staff talked openly about an increased prison culture encroaching on Tinsley House's previously relaxed atmosphere". [29] The gradual erosion of the centre's initial regime of "Caring Custody" effectively marked the end of the "Tinsley Model" and with it the dynamic of the chaplaincy's intensive pastoral care which had been a fundamental feature of the model.

Deaths in immigration custody

The Government does not routinely publish the number of detainees who die in custody, [30] but data mapping by INQUEST suggests that a further three individuals died while being held under Immgiration Act Powers during 2016, nine in 2017, three in 2018 and one in 2019. [31] In 2018, the Government announced that it would begin publishing data on deaths in IRCs for the first time. [32] However, the definitive annual number of deaths in detention remain unknown, as quarterly Home Office statistics do not differentiate between deaths and detainees leaving detention for "other" reasons. [6]

In total, there have been at least 40 deaths in immigration custody since 1989, including:

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References

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  2. ↑ Majcher, Izabella; Flynn, Michael; Grange, Mariette (2020-03-04). Immigration Detention in the European Union: In the Shadow of the "Crisis". Springer Nature. ISBN   978-3-030-33869-5.
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  5. ↑ "Media factsheet: Detention time limits - Home Office in the media". homeofficemedia.blog.gov.uk. Retrieved 2020-07-23.
  6. 1 2 "Home Office: Immigration statistics, year ending December 2019". GOV.UK. Retrieved 2020-07-23.
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  14. ↑ "Colnbrook immigration removal centre". UK Border Agency . Retrieved 2011-08-14.
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  16. ↑ "Harmondsworth immigration removal centre". UK Border Agency . Retrieved 2011-08-14.
  17. ↑ "Larne House". UK Border Agency . Retrieved 2011-08-14.
  18. ↑ "Morton Hall immigration removal centre". UK Border Agency . Retrieved 2011-08-14.
  19. ↑ "Pennine House". UK Border Agency . Retrieved 2011-08-14.
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