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.

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.