Asked by: Lyn Brown (Labour - West Ham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the impact of difficulties in obtaining in-person legal advice on the quality of legal assistance given to asylum seekers in immigration detention who have experienced (a) rape, (b) other gender-based violence and (c) torture.
Answered by Kevin Foster
The Home Office regularly reviews its policies, guidance and processes. A number of mechanisms exist to identify vulnerable people in immigration detention. All individuals receive a healthcare screening within 2 hours of a person’s arrival at an Immigration Removal Centre (IRC) and, unless they decline, an appointment with a doctor within 24 hours; Induction interviews with Home Office Detention Engagement Team staff include questions which seek to identify vulnerability; and Rule 35 of the Detention Centre Rules 2001 / Rule 32 of the Short Term Holding Facility Rules 2018 require the medical practitioner to report where they have concerns a person’s health may be injuriously affected by detention, a person may have suicidal intentions, or a person may have been a victim of torture.
The Adults at Risk in Immigration Detention (AAR) policy strengthens the presumption against the detention of those who are particularly vulnerable to harm in detention. Under the AAR policy, vulnerable individuals will be detained only when the evidence of vulnerability in their particular case is outweighed by the immigration considerations, including expected date of removal, compliance with immigration law, and public protection. Where a decision is taken to maintain the detention of a vulnerable person, safeguards are in place including regular reviews to ensure detention remains lawful, appropriate and proportionate.
All Home Office staff working in the detention system are given training and support to identify and act upon indicators of vulnerability.
Detained individuals are advised of their right to legal representation, and how they can obtain such representation, within 24 hours of their arrival at an IRC. The Legal Aid Agency (LAA) operates free legal advice surgeries in IRCs in England. Individuals who are detained are entitled to receive up to 30 minutes of advice regardless of financial eligibility or the merits of their case. Legal visits can take place from both legal providers attending under the Legal Aid Detained Duty Advice Scheme and other legal providers visiting their clients who are in detention. In line with Government advice on social distancing, during the pandemic, face to face legal visits were facilitated in exceptional circumstances, and only if other means of contact (Skype, telephone, email) were not feasible or appropriate. In light of changes to Government guidance, face to face legal visits can now be facilitated. Safe systems of work are in place to ensure the safety of detained individuals, onsite staff and visitors during these visits.
There is a dedicated welfare team available daily within each IRC who focus on residents’ needs and assist all detained individuals to obtain legal advice.
Asked by: Lyn Brown (Labour - West Ham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 9 March 2022 to Question 132223 on Asylum: Mental Health, what recent assessment she has made of the effectiveness of the Adults at Risk policy and other existing guidance and rules at (a) identifying asylum seekers who have experienced (i) rape and (ii) torture, and (b) ensuring their prompt release from immigration detention.
Answered by Kevin Foster
The Home Office regularly reviews its policies, guidance and processes. A number of mechanisms exist to identify vulnerable people in immigration detention. All individuals receive a healthcare screening within 2 hours of a person’s arrival at an Immigration Removal Centre (IRC) and, unless they decline, an appointment with a doctor within 24 hours; Induction interviews with Home Office Detention Engagement Team staff include questions which seek to identify vulnerability; and Rule 35 of the Detention Centre Rules 2001 / Rule 32 of the Short Term Holding Facility Rules 2018 require the medical practitioner to report where they have concerns a person’s health may be injuriously affected by detention, a person may have suicidal intentions, or a person may have been a victim of torture.
The Adults at Risk in Immigration Detention (AAR) policy strengthens the presumption against the detention of those who are particularly vulnerable to harm in detention. Under the AAR policy, vulnerable individuals will be detained only when the evidence of vulnerability in their particular case is outweighed by the immigration considerations, including expected date of removal, compliance with immigration law, and public protection. Where a decision is taken to maintain the detention of a vulnerable person, safeguards are in place including regular reviews to ensure detention remains lawful, appropriate and proportionate.
All Home Office staff working in the detention system are given training and support to identify and act upon indicators of vulnerability.
Detained individuals are advised of their right to legal representation, and how they can obtain such representation, within 24 hours of their arrival at an IRC. The Legal Aid Agency (LAA) operates free legal advice surgeries in IRCs in England. Individuals who are detained are entitled to receive up to 30 minutes of advice regardless of financial eligibility or the merits of their case. Legal visits can take place from both legal providers attending under the Legal Aid Detained Duty Advice Scheme and other legal providers visiting their clients who are in detention. In line with Government advice on social distancing, during the pandemic, face to face legal visits were facilitated in exceptional circumstances, and only if other means of contact (Skype, telephone, email) were not feasible or appropriate. In light of changes to Government guidance, face to face legal visits can now be facilitated. Safe systems of work are in place to ensure the safety of detained individuals, onsite staff and visitors during these visits.
There is a dedicated welfare team available daily within each IRC who focus on residents’ needs and assist all detained individuals to obtain legal advice.
Asked by: Lyn Brown (Labour - West Ham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what plans she has to publish the findings of research commissioned by the Home Office and Department for Education, conducted by Liverpool John Moores University, on the effectiveness of multi-agency safeguarding partnerships in dealing with young people at risk or involved in serious violence and county lines.
Answered by Rachel Maclean
The Home Office is working collaboratively across Government and with operational partners to strengthen the local safeguarding response to child criminal exploitation.
Alongside the Department for Education, the Home Office has worked with Liverpool John Moores University to understand the effectiveness of multi-agency safeguarding partnerships in supporting young people at risk of or involved in serious violence and county lines.
Having received the final research, we are considering the best way to share learning with local areas and build the findings from the deep dive into future policy.
Asked by: Lyn Brown (Labour - West Ham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent assessment she has made of the impact of being held in immigration detention centres on the mental health of asylum seekers who have experienced (a) rape, (b) torture and (c) war.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
There is no exemption from immigration detention for any particular group. However, we fully accept that some groups of individuals can be at particular risk of harm in immigration detention. This is the basis of the Adults at Risk in immigration detention (AAR) policy, which strengthens the presumption against detention for vulnerable individuals.
The policy covers a wide range of vulnerabilities and includes people who suffer from a mental health condition. It enables Home Office staff to promptly identify whether a person is vulnerable and consequently whether they should be detained. Under the policy, vulnerable people will be detained only when the evidence of vulnerability in their particular case is outweighed by the immigration considerations, including immigration compliance, criminality factors and expected date of removal. The published Detention Services Order on Gov.uk supplements the statutory AAR policy, setting out operational guidance for all Home Office, centre supplier and healthcare staff working in the immigration removal estate on the care and management of adults in detention who are identified as being at risk.
Additional safeguards are also in place for those in detention displaying such vulnerabilities, including regular reviews of detention and reporting mechanisms, such as Rule 35 of the Detention Centre Rules 2001 and Rule 32 of the Short-Term Holding Facility Rules 2018, to ensure that particularly vulnerable individuals are brought to the attention of those with direct responsibility for authorising, maintaining and reviewing detention.
All immigration removal centres (IRC) have dedicated health facilities run by doctors and nurses which are managed by the NHS or appropriate providers and deliver trauma informed mental health service, where appropriate. In addition to published guidance, staff at all centres are also given training and support to proactively identify and act upon indicators of vulnerability at the earliest opportunity. Welfare teams are onsite at every IRC to assist detained individuals in accessing support specific to their needs.