Medical Justice statement on today’s (29th April 2020) publication of the Independent Chief Inspector’s audit report on the Home Office’s Adults at Risk policy and the government’s response.

“This shameful policy is riddled with systemic issues, fails to protect vulnerable people and serves to prop up a detention regime that inflicts severe harm on torture victims and other vulnerable detainees.

Medical Justice has warned the Home Office of the failures for years and has successfully challenged the policy’s definition of torture in the High Court, twice.

The Coronavirus pandemic shows these failures now reach beyond detention into the community. The same systemic issues Medical Justice have been warning of for years are now putting detainees and the wider public at risk. Right now the Home Office continue to rely on this flawed policy in assessing detainees for release which means our clients who suffer from COVID-19 co-morbidities, such as asthma, continue to be detained despite the increased risk of severe illness. There have already been three confirmed cases in immigration removal centres. If COVID-19 continues spreading, immigration removal centres will act as ‘epidemiological pumps”, with staff serving as conduits between the centre and the wider community. “

The Home Office stubbornly refuses to learn the lessons of the Windrush scandal, placing enforcement over protection”.

Case-study : Z- Torture and Trafficking victim self-harming in detention

Z was detained having been encountered by immigration after he overstayed a visa and was detained. Shortly after entering detention, he claimed asylum. In his screening interview he disclosed a history of having been trafficked and forced to work. He was referred into the National Referral Mechanism as a Potential Victim of Trafficking. This disclosure did not trigger any further investigations into his vulnerability. He received negative decisions in his asylum and trafficking claim. He was given a ‘removal window’. The same day he cut himself and was placed on constant watch (which is intended to manage a suicidal crisis). There is no evidence that a Rule 35(2) report or IS91 RA Part C were completed at that point. He was referred for a mental health assessment. He first requested a rule 35(3) appointment around 22/01/19 and was placed on a waiting list. After Medical Justice contacting the IRC healthcare unit an appointment was allocated for him a couple of weeks later. The report identified evidence of torture and found he was likely to be harmed by continued detention. He was released a few days later.

(This case study also illustrates the failure to investigate further any potential vulnerability disclosed in the screening interview or NRM interview for example by referring for a Rule 35 report, the underuse of Rule 35(2), and our concerns regarding vulnerable detainees being given Removal Window notices.)

Notes

• Medical Justice has successfully litigated twice on the definition of torture used in AAR in July 2019 and in Oct 2017 (media coverage including Channel 4 News and BBC News is here).
• On 20th March the Home Office said that all immigration detainees will have their cases reviewed and underlying medical conditions increasing a person’s risk of severe illness following infection with COVID-19 will lead to them being treated as an Adult at Risk.
• Medical Justice has clients continue to be detained despite having those underlying medical conditions, including asthma, diabetes, hypertension, and a range of mental health issues from anxiety, depression through to psychosis and schizophrenia.
• The Medical Justice and Immigration Law Practitioner’s Association joint submission to the ICIBI on 25/02/19 is here.  And the accompanying set of case-studies of how AAR failed vulnerable clients is here.  The Medical Justice submission to the Home Affairs Committee 21^st April 2020 is here.
• Our “Failure to Protect” report catalogues how vulnerable detainees are failed by the AAR policy, including a section with case-studies.
• We note that the ICIBI’s audit report on the Adults at Risk policy has sat on the Home Secretary’s desk since last July and is now published just hours after she has eventually given evidence to the Home Affairs Select Committee, meaning the committee members have no chance of questioning her on the report.

Contact : emma.ginn@medicaljustice.org.uk / 07786 517379

Tragedy could be avoided if all release detainees

A second Covid-19 case in immigration detention has been confirmed at Brook House immigration removal centre (IRC). A notice was given to detainees on Tuesday by G4S, the private contractor who runs Brook House IRC.

Yesterday Alison Thewliss MP, Chair of the All Party Parliamentary Group (APPG) on Immigration Detention has called on the Home Secretary again to release all immigration detainees immediately – see the letter here.

“Such a situation was entirely avoidable. I am increasingly concerned alarmed about the health of immigration detainees, particularly those with underlying conditions that mean they are at high risk if infected with COVID-19. Now more than ever, protection must be prioritised over immigration enforcement targets. IRCs are high risk for clusters of COVID-19 with staff providing a conduit for infection to and from the community. The continued spread of the virus clearly highlights the very real risk of uncontrolled outbreaks at IRCs ….

The government’s decision last week to release 4,000 prisoners was welcome, if not overdue. The release of prisoners, however, begs the question as to why immigration detainees, none of whom are serving a criminal sentence, are still being held.

Three prisoners have already died from COVID-19; I call on you to do all you can to avoid any such similar deaths in detention and urge you – once more – to arrange for the release of all immigration detainee with immediate effect.”

– Alison Thewliss, MP

As of Tuesday, 153 staff and prisoners in prison had tested positive for Coivd-19 and 12 have died, according to the Ministry of Justice (MoJ). Last week the MoJ announced that 4,000 prisoners are being released early, reportedly as a part of the national plan to protect the NHS and save lives.

“The prisoner release makes sense. What makes no sense is why immigration detainees whom are not serving a criminal sentence, continue to be detained. The fact that so many detainees cannot be removed from the UK during the global lockdown makes their indefinite detention in such perilous conditions seem incomprehensible, indefensible and just plain cruel.

Immigration detention is optional. Detainees are held purely for the administrative convenience of the Home Office. Their continued detention could mean that the Home Office is risking public health for its own administrative convenience – this would be unconscionable.

The government must value human life above its deportation statistics and release all immigration detainees immediately before avoidable tragedy occurs.”

– Emma Ginn, Director, Medical Justice.

“From talking to clients on a daily basis I know that the indefinite nature of detention and complete lack of control is hugely distressing. This feeling is currently exacerbated, detainees do not have control over who they come into contact with, find self isolating extremely difficult and report being fearful, the worry is clear in their voices.

 One detainee who had just found out about the confirmed Covid-19 case called me and said ‘I need to get out of here’. Another detainee said that he felt that he was going to die in detention, because his serious health condition made him so scared of Coronavirus.”

– Emily Lawton, Caseworker, Medical Justice

Anyone released from detention who does not have adequate accommodation or faces destitution must also be provided with suitable accommodation and financial support, regardless of immigration status. These measures are crucial to enable self-isolating and to protect the health of both of the individual and the general public.

Contact: Emma Ginn – Emma.ginn@medicaljustice.org.uk / 07786 517379

Medical Justice, BID and ILPA have written today to the Parliamentary Under Secretary of State at the Home Office to express concern about the Home Office’s response to COVID-19 in relation to immigration detainees, including:

• Our understanding is that all visits to IRCs and prisons have been stopped.
• Considerable difficulties contacting detainees due to poor mobile reception and reports of some detainees being locked into rooms.
• Restriction of access to emails, faxes and the internet to contact their legal representatives, file legal applications or make submissions in their case.
• Changes in the regime may also breach the following aspects of the Detention Centre Rules:
  – Access to a registered medical practitioner (Rule 33(7, 11))
  – Access to family life, visits and other persons (Rules 26 & 28(1))
  – Access to letters and faxes (Rule 27(1))
  – Access to legal advice (Rule 30)

We are concerned that such breaches may render detention unlawful and may not be effective in preventing the spread of COVID-19 as evidenced by outbreaks on cruise ships.

Download the letter here and see the questions we have demanded answers to within 3 working days.