Question to the Home Office:

To ask the Secretary of State for the Home Department, what access to legal advice and representation was made available to Windrush generation detainees at the time of their detention.

When an individual is detained they are served with a notice specifying the statutory power under which they have been detained, the reasons for their detention, the factors that have been taken into account in reaching the decision to detain and their entitlement to apply for bail. The notice also contains advice that the Home Office will notify a nominated individual of their detention.
Since 15 January 2018 (the implementation of the Single Power of Bail IA 2016) all individuals detained are provided with the ‘Immigration Bail Information’ document by the detaining officer, which contains information on:

•  when they can apply for immigration bail;
•  how to make immigration bail applications to the Secretary of State;
•  how to make immigration bail applications to the First-tier Tribunal;
•  when they will be automatically referred for consideration for immigration bail;
•  where they can obtain further information.
•  Service providers at immigration removal centres (IRC) are required to provide the services of a welfare officer to signpost detainees to advice and assistance. Individuals in detention may also approach members of the Independent Monitoring Boards based in every IRC.

All individuals who are detained are made aware 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 operates legal advice surgeries across the detention estate in England, with detainees receiving up to 30 minutes of advice without reference to financial eligibility or merits of their case. There is no restriction on the number of surgeries an individual in detention may attend. If they require substantive advice on a matter which is in scope of legal aid then full legal advice can be provided

Individuals in detention also have regulated access to the internet under the requirements set out in Detention Services Order DSO 04/2016 (Internet access). This enables them to independently identify contact details for immigration legal advisors. Legal reference material is stocked in all IRC libraries and each IRC has a welfare officer who can signpost individuals to information on how to access legal advice.