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A report
released by the Chief Inspector of Prisons Anne Owers, has some very strong
criticisms of the detention estate. Below NCADC have extracted some of
the more salient points.
Download
the summary in PDF format: Detention
estate report.pdf
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Inspection
of five Immigration Service custodial establishments by Anne Owers Chief
Inspectorate of Prisons.
Haslar
- Lindholme - Campsfield House - Tynsley House - Oakington
The inspection
of removal centres involve four tests which we consider determine whether
overall they provide a healthy environment. They are:
that detainees are held in safety;
that they are treated with respect;
that they are purposefully occupied during the day;
that they are able to keep in contact with the outside world and are prepared
for their release, transfer or removal.
General
observations:
1.6 Perceptions
of safety were not, therefore, high anywhere: only 37% of detainees overall
told us they felt safe and at all the establishments except Oakington
the proportion reporting feeling safe decreased the longer they were held
there.
However,
it is evident that detainees felt particularly unsafe in the two Prison
Service run Centres. Only 10% of those at Haslar, and 15% of those held
in Lindholme told us they felt safe after some time there. At Lindholme
there were low staffing levels, particularly at night.
At Haslar
the physical environment was unsafe and unsatisfactory. Many detainees
were in dormitories that were cubicles without doors and with gaps between
the walls and the ceilings, and there was nowhere to isolate difficult
or disturbed individuals. By contrast, two thirds of those held in Oakington
initially felt safe, and this rose to three-quarters after some time there.
1.8 For
detainees in all centres, though, except for Oakington, their insecurity
was heightened by the fact that they were unable to obtain reliable information
from the immigration authorities about the reasons for their detention
or the progress of their cases, or to access competent independent legal
advice. For many, this was the greatest insecurity of all. From the surveys,
it was clear that reviews of detention, if they took place, were not effectively
communicated to detainees. From the inspections it became clear that immigration
officers on site did not know, and did not communicate, how cases were
progressing: nor was it evident to us that they were progressed efficiently.
The case studies in the reports include cases where detainees were unable
to return home when they wished to, as well as those wishing to challenge
their removal.
1.9 Nor
were detainees easily able to obtain competent independent legal advice
to explain their situation or represent them; indeed, in a number of centres
they were clearly targeted by unscrupulous advisers who were able to prey
on their vulnerability.
1.11 Perceptions
of safety were clearly linked to perceptions of respect, and the standard
of custodial care. Detainees at Oakington talked of the positive attitude
of staff "they treat us as equals" and the high standard
of custodial care: 72% said that staff had asked after them in their first
few days. Groups of detainees at Lindholme and Haslar, however, complained
of staff attitudes. 81% of those at Lindholme and 82% at Haslar said that
no member of staff had asked after them. At the other two centres, responses
were more mixed, with few complaints at Tinsley House, but more at Campsfield
House.
1.12 It
is, however, clear that staff in most centres were not sufficiently alert
to, or trained in, the specific needs of immigration detainees. Again,
this was particularly apparent in the two Prison Service establishments,
where both the attitudes of staff and the procedures adopted were geared
towards offenders.
1.13 . .
. . . . Tinsley House appeared to consider that race and ethnic relations
were the province of the religious affairs manager, rather than the responsibility
of the Centre as a whole.
1.14 The
provision of interpreters and translated information for those who did
not speak English was poor in all the centres except Oakington. Other
detainees were used in this role, which was appropriate for domestic matters,
but not for important and sensitive interviews. Our surveys indicated
that about two-thirds understood spoken English and about half written
English, and that Language Line was insufficiently exploited. Significant
proportions of detainees did not understand why they were being held in
detention, the rules and routines of the centres, or what the centre doctor
or their legal representatives had said to them.
1.15 A major
cause for concern, at all centres, was the absence of any specific provision
to deal with the welfare needs and anxieties of those who had suddenly,
and sometimes after extended periods of residence in the UK, found themselves
detained indefinitely. Many had been abruptly separated from families
who were culturally unprepared to deal directly with the outside world.
Others had possessions and homes that they had left behind and to which
they might not return.
1.16 Healthcare,
and particularly mental health care, was an issue in most centres. Communication
between centres and with community health services who had provided, or
would go on to provide, treatment was often poor.
1.22 . .
. . Both Prison Service centres (Haslar & Dover), at the time of the
inspection, still randomly strip-searched detainees after visits, rather
than as a result of reasonable suspicion. This was unacceptable and unnecessary.
1.25 After
detention, many detainees will be removed to their countries of origin.
Others will be transferred to other places of detention. Some will be
released into the community, permanently or temporarily, some for the
first time and some to take up their lives again. These decisions are
made by the immigration authorities; and detainees need advance notice
and preparation for these major moves. We found little evidence that this
was provided in any centre. Indeed, in some, officials told us that they
withheld information about removal or continued detention from some detainees
until the last moment. In some cases, this meant that they were unable
even to inform families and legal representatives of their removal from
the country. These hurried, and sometimes deceptive, arrangements were
apparently designed to minimise security and self-harm risks. However,
we consider that those risks should be managed properly, rather than evaded
or passed on to the next centre. We point out that if detainees are not
properly prepared for removal, they are more, not less, likely to create
security and control problems at the point of departure. The provision
of independent welfare advice (see para.1.15 above) would assist in dealing
with practical problems.
Conclusions
on individual establishments:
Lindholme:
The outcome of our inspection and the application of our four tests lead
us to conclude that Lindholme Removal Centre was not a healthy establishment
for detainees and that fundamental and far-reaching changes were needed
to bring it up to the standard expected.
Haslar:
We concluded that Haslar did not do enough to help detainees settle and
to provide them with an environment in which they were safe. Staff were
disengaged, the quality of the accommodation was poor, and incentive and
anti-bullying schemes based on prison practice were inappropriate. The
lack of information about their cases, the restricted visiting times and
the failure to receive detainees property all communicated disrespect.
Detainees were underoccupied, despite the best efforts of Centre staff.
Contact with the outside world and preparation for release were also inadequately
provided for.
Campsfield
House: We could not conclude that Campsfield House was a place of
safety, mainly because of poor levels of supervision and despite the best
efforts of most staff. Detainees were however treated with respect in
terms of the quality of custodial care, health care and pastoral care
they received. However, there was a blindness to their welfare needs outside,
and a lack of information about their cases or access to competent independent
advice and representation. Detainees were however professionally served
in terms of activities and entertainment within the limits of a regime
that did not allow paid work, but they were inadequately prepared for
their release, transfer or removal.
Tynsley
House: The application of these four tests indicate that Tinsley House
was essentially a place of safety where detainees experienced a good standard
of custodial care. They were treated with respect and provided with adequate
health care and opportunities to practise their religion, engage in constructive
activities and to retain contact with the outside world. However, their
security was undermined by the fact that they were not easily able to
find out about the progress of their cases, receive help with external
welfare needs or access specialist legal advice or representation. They
were not prepared for their release, transfer or removal and there was
a form of institutional blindness to the practical difficulties caused
by detention and to the fate of many after release.
Oakington:
The application of these four tests indicated that Oakington was essentially
a place of safety providing a high standard of custodial care. The needs
and dignity of detainees were respected by Centre staff, except for the
splitting of families during and after detention, and within the limits
of a fast and inflexible process. Unlike at other centres, there was access
to on-site case information and legal representation, though there could
be more structured activities, particularly for juveniles, and incentives
to take part, in order to ease the tension associated with the serious
business of the Centre. Arrangements for those leaving the Centre needed
improvement. A forward destination and the means of travel were provided
to those granted temporary admission, but they were given no support to
orient to life in the UK. Those destined for further detention were not
informed about this until the day of departure, and appeared to be unable
at this stage to contact family, friends or legal representatives.
Strategic
Recommendations
1. All
removal centre staff must be trained in the specific issues that affect
immigration detainees, and aware of the cultural, national and ethnic
background from which they come
2. The
Prison Service, if it is to hold detainees, must ensure that removal centre
staff are specifically recruited for and designated to this function
3. Translated
information should be available in all centres in the languages of detainees,
and interpreters should be provided for important immigration meetings
and sensitive medical matters.
4. Operating
standards should ensure that relevant processes, and the appropriate staff
training, are in place to deal with suicide, self-harm, anti-bullying
and race and ethnic relations.
5. The
detention of children should be avoided wherever possible, and only take
place for the shortest possible time, in no case more than seven days.
6. Establishments
holding children should have in place robust child protection safeguards
and effective liaison with local Area Child Protection Committees.
7. The
Immigration Service should ensure that the casework of those detained
is expedited, and all detainees are kept informed, in a language they
understand, about the reasons for their detention and its continuation
and the progress of their cases. On-site immigration staff should be able
to communicate up-to-date case information directly to detainees.
8. The
Immigration Services Commissioner should pay particular attention to monitoring
the quality of legal advice provided to detainees, who are an exceptionally
vulnerable group; and information about properly regulated advisers should
be available in all centres.
9. The
Immigration and Nationality Department and the Legal Services Commission
should consult with professional bodies to ensure that access to competent
independent legal advice and representation is provided.
10. Protocols
should be agreed for the release of medical information, with consent,
to the immigration authorities and detainees representatives, if
such information is relevant to fitness to detain or to the detainees
asylum claim, and the action that should follow.
11. All
removal centres should follow best practice in relation to visits and
phone calls: allowing extended family and legal visits (including during
the evening and at weekends) and issuing weekly a £5 phone allowance or
phone cards to those without means. Consideration should be given to making
e-mail facilities available to detainees.
12. Detainees
who wish to do so should be allowed to undertake paid work while in detention;
alternatively, or in the meantime, there should be incentives for participation
in centre activities
13. Removal
centres should have independent welfare support advisers, able to assist
with family and home problems, and to advise and support detainees on
release, transfer or removal.
14. Immigration
and centre staff should give detainees adequate notice of any movements.
Source
for this page: NCADC
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