6 August 2014
A suitable bail address is an essential requirement for immigration detainees applying to the First-tier Tribunal for release on bail. Any detainee, whether or not they have made an asylum claim, is free to apply to the Home Office for a bail address under Section 4(1)(c) of the Immigration & Asylum Act 1999 if they have no address to go to on release with family or friends. Without a bail address detainees cannot normally lodge an application for release on bail and must simply wait in detention until the Home Office grants them a bail address. Yet too many detainees struggle for weeks or months to obtain a Section 4 bail address from the Home Office, especially those with a criminal conviction.
Just a few years ago it was unusual for a detainee to wait more than a week or two for a Section 4 bail address from the UK Border Agency. Now, delays of weeks, months, or more than one year for a Section 4 bail address are not uncommon. BID believes this level and prevalence of delay can never be acceptable, and renders the bail process meaningless both as an independent safeguard and as an alternative to detention.
BID became so concerned by the increasingly lengthy delays in provision by the Home Office of Section 4 bail accommodation that in January 2014 we embarked on research to quantify the length and prevalence of such delays in the processing, decision-making, and allocation of Section 4 (1)(c) bail accommodation.
1 July 2014
Today, 1st July, the House of Commons Delegated Legislation Committee will debate the legal aid 'residence test.' Last week, BID sent a briefing to committee members higlighting the very damaging effect which the proposed residence test would have on immigration detainees - download the briefing here .
The residence test would prevent ex-detainees from accessing legal aid to bring civil claims seeking compensation for unlawful detention. Detainees would also not be able to access legal aid to challenge abuse suffered in detention, if the residence test is introduced.
11 June 2014
On 4th June, a man detained under Immigration Act powers in a Dorset prison was found dead in his cell. The Independent reports that: 'Sources said the prison authorities “strongly” believed that he died of natural causes, but Dorset Police would only say his death had been “sudden” and that the matter had now been referred to the coroner.'
The Independent goes on to quote BID's Pierre Makhlouf: 'Placing immigration detainees under prison conditions such as at HMP The Verne is inappropriate and against international guidelines...
16 May 2014
On 30th April, BID responded to an inquiry from parliament's Justice Committee on the impact of the April 2013 legal aid cuts. The Justice Committee published our evidence this week. Download our response here .
13 March 2014
On 13th March, BID produced a briefing for MPs on the public bill committee considering the Criminal Justice and Courts Bill. You can d
23 January 2014
On January 21st BID held its AGM on the topic 'Denial of justice: the hidden use of prisons for immigration detention'. Thanks to all our powerful speakers including Michael Fordham QC (Blackstone Chambers & Bingham Centre for the Rule of Law ), Colin Carroll of HM Inspectorate of Prisons, Henry (a former client of BID), Sarah Teather MP, and Hamish Arnott (partner at Bhatt Murphy Solicitors, a specialist human rights practice)
Download the presentation given by Hamish Arnott, Bhatt Murphy 'Challenging detention in prisons of immigration detainees', from the bottom of the right hand column on this page.
Download BID's briefing 'Detention under immigration powers in UK prisons: severe restrictions on access to justice', September 24th 2013, from the bottom of the right hand column on this page.
12 November 2013
BID's legal casework now indicates that staff employed by Capita Business Services have ‘ownership’ of a cohort of detained cases. BID clients have received letters to that effect signed by ‘Capita Detained Casework Team, on behalf of the Home Office’, based at the Home Office National Removals Centre at Solihull.
The work currently being carried out by Capita Business Services, under contract to the Home Office, on the migrant refusal pool has been outlined elsewhere. We were naturally curious to find out precisely what work Capita employees were doing on dtained cases, and what decision making powers they had been granted.
We have now been told by the Home Office that Capita Business Services staff deal with the more routine and non-urgent work. They are not Executive Officer grade but rather Administrative Officer grade in relation to their decision-making powers.
Members of the Capita Detained Casework Team do not respond to pre-action letters or any aspect of a detained case once removal directions have been served. They do not work on deportation matters, and “make no recommendations in any regard in relation to substantive cases”.
The table below gives some idea of the scope and nature of the current involvement of Capita staff in detained casework on behalf of the Home Office
Seeking authority to maintain detention (detention reviews, refusals of requests for release on Temporary Admission, CIO bail, or otherwise).
Drafting of bail summaries following an application for FTT bail
Preparation of removal directions.
Capita staff prepare the administrative functions of the case but don’t make the decision. They don’t make decisions to detain, they do the work necessary prior to the case coming to the detained caseowner.
They provide advice to the SSHD who considers that advice with access to the full file. Capita then communicate the decision to the individual.
Submission of applications for an emergency travel document (ETD) through a document liaison officer (DLO)
Capita staff only process cases where removal on EU letter is possible. This may change in the future.
Capita staff don’t work on the cases of ‘criteria criminals’ (someone with a custodial sentence of 12 months or more). But they would work on cases where the detainee has a conviction and a custodial sentence of less than one year or some other disposal such as a parking ticket.
Separated family casework
Capita staff must refer to Assistant Director level after a review by civil servants and with reference to the Office of the Children’s Champion. They apparently deal with “straightforward” cases only.
Rule 35 reviews
Capita staff work on these but their work must be signed off by a civil servant.
Recording of data on CID and other Home Office databases.
Capital staff have full access to CID, with training and clearances.
1 November 2013 Press Statement
BID has been granted permission to intervene before the Court of Appeal in the case of David Francis (C4/2013/2215B)(on appeal from the High Court of Justice, His Honour Judge McKenna  EWHC 2115 (Admin).
On 17 July 2013 the High Court found that although his continued detention had become unlawful and he had been unlawfully detained for 15 months, there could be no claim for damages as Mr Francis was detained under Schedule 2 para 2(1) Immigration Act 1971 (detention following a court recommendation for deportation). Mr Francis is appealing to the Court of Appeal and is represented by Leigh Day.
The case has serious implications for foreign nationals who have completed their criminal sentences but who remain in immigration detention following a court recommendation that they be deported. Some people may remain in immigration detention for periods of three to five years after completing relatively short criminal sentences of one year or less. The Secretary of State was successful in the High Court in arguing that these people cannot make a claim for false imprisonment, even where a court finds that a person has been unlawfully detained. It is a fundamental constitutional principle that legal wrongs require a remedy. The High Court ruling means that there is no sanction against the Secretary of State for unlawful detention of those recommended by the court for deportation.
Pierre Makhlouf, BID’s Assistant Director (Legal) said:
“Theresa May is arguing that the Government should not be penalised for unlawful behaviour on their part. It is an illogical, if not cruel approach to foreign nationals since it allows a culture of impunity and illegality to go unchallenged.”
“BID is intervening in this case to ensure that the Court of Appeal takes into account the position of the many immigration detainees who lack legal aid and legal representation, and who will suffer severe consequences if the original decision of the High Court is allowed to stand.
“This comes at a time when the Government is seeking to remove certain rights of appeal in family and long residence cases, having already removed entitlement to legal aid in these cases. Instead of access to justice, people with a strong case to remain in the UK will continue to be detained for unacceptably long periods when there is no prospect of their removal from the UK.”
BID are represented pro bono by Tim Buley of Landmark Chambers and Jane Ryan of Bhatt Murphy solicitors.
Jane Ryan, said:
“The High Court judgment severely curtails the ability of a significant class of detainee held under Immigration powers following a court recommendation for deportation to enforce their rights. In the current climate with the sustained attacks on public funding and immigration the work BID does to assist is even more important and needed than it has ever been.”
Pierre Makhlouf at BID on 020 7650 0723 or Jane Ryan at Bhatt Murphy Solicitors on 020 7729 1115
3 October 2013
You can download findings from BID’s surveys of legal advice in Immigration Removal Centres here. We remain concerned at the length of time detainees in many Immigration Removal Centres have to wait in order to see a solicitor at the legal advice surgeries provided by the Legal Aid Agency. 69% of the people we spoke to for this survey had waited more than one week for an appointment, and of these 38% had waited two weeks (or two weeks to date), 21% had waited for three weeks (or three weeks to date) to see a solicitor.
3 October 2013
In the Ministry of Justice’s ‘Transforming Legal Aid’ consultation, which was published in April 2013, a residence test was proposed for foreign nationals. This would prevent people who do not have leave to remain in the UK, and have not been living her lawfully for at least 12 months from accessing legal aid. This residence test is likely to be unlawful and will certainly be unworkable in practice, as many organisations who submitted their views to the Ministry of Justice laid out in detail.
- BID's Media Coverage
- Contacts for Media
- BID's research into delays in the provision of Section 4 bail accommodation by the Home Office
- BID publishes briefing on legal aid 'Residence Test'
- Death of a detainee in HMP The Verne, Dorset
- BID publishes briefing on Criminal Justice & Courts Bill
- BID responds to Justice Committee Inquiry on legal aid cuts
- 'Denial of justice: the hidden use of prisons for immigration detention'
- Detained casework - the role of Capita Business Services
- Bail for Immigration Detainees intervenes in unlawful detention case
- BIDís survey of legal advice across the detention estate
- Further cuts to legal aid would mean detainees could not challenge ill-treatment
- Latest set of findings from BID's survey of legal representation across the UK detention estate
- New BID factsheet on getting Probation approval for an immigration bail address
- Government's proposed changes to legal aid threaten childrenís access to justice - letter to The Daily Telegraph
- Further threats to access to justice
- New factsheet for detainees on immigration appeals including deportation
- First UK study finds 200 children split from parents in immigration detention
- New rotas for IRC legal advice surgeries now released
- ECtHR judgment in Abdi, BID intervened. Finding of Art 5 breach, real though limited compensation for unlawful detention
- Foreign national offenders - government response to consultation on draft CPS code of practice on adult conditional cautions
- Parliamentary launch of new BID research 17 April. Event: 'Fractured childhoods: the separation of migrant families'
- Totally ignored: foreign national offenders and the introduction of a Payment by Results system for rehabilitation work
- Litigants in Person vs. Self-Represented Litigants: a view from immigration bail hearings in light of new guidance on terminology from the Master of the Rolls
- Latest version of UKBA travel document guidance, including timescales, now available here.
- BID's view on determinations of unlawful detention being moved to the First Tier Tribunal: an extract from our new research report 'The Liberty Deficit: long-term detention & bail decision making'
- Recommendations from BID's new report on bail decision making, 'The Liberty Deficit'
- New ILPA briefing on mental health & detention produced following BID and AVID meeting with Dept of Health & UKBA
- 'Getting real about risk: managing ex-offenders and release from detention', BID's AGM 22nd January 2013
- Detention in UK characterised as `detain first, ask questions laterí by BID's Director Celia Clarke in our Annual Report for 2012
- New UKBA guidance 'Standard paragraphs for bail summaries' December 2012
- Update on important legal cases
- BIDís legal advice in detention survey
- New BID research report on bail decision making and long-term detention, 'The Liberty Deficit: long-term detention and bail decision-making'
- MoJ consultation on code of practice for adult conditional cautions - BID submission on foreign offender conditional cautions
- Revised BID handbook on bail 'How to get out of detention' is out now
- Detainees' experiences of getting legal advice across the UK detention estate - new BID survey results out
- Mental health crisis in immigration detention - BID and AVID launch a new briefing
- BID letter in the Guardian on the need to respect human rights for foreign national ex-offenders
- BID raises concerns about new HMIP approach to immigration detention inspections
- BID intervenes in Home Office challenge to limit private law claim for unlawful detention
- Former client of BID granted refugee status
- Former IAS clients - how to obtain files and original documents from the administrator. There is a deadline of 28th May 2012 for retrieval.
- Discriminatory attempt to use criminal justice provision to effect immigration control in Legal Aid, Sentencing & Punishment of Offenders Bill
- NEW BID Travel Document Project briefing on 'Cooperation & Removability', including practical steps, and criminal sanctions (s35 prosecutions) and 'reasonable excuse'
- Bailed detainees - how to make an application for S4 bail accommodation and support once released if a private accommodation arrangement breaks down
- NEW leaflet 'Accomodation and Financial Support on Release' for detainees, from BID and the Ex-Detainee Project at Dover Detainee Visitor Group
- ILPA & BID joint response to consultation on new bail guidance for immigration judges
- Prisons Inspector criticises UK Border Agency for holding too many pregnant women in detention
- New LSC legal surgery rotas available here
- Inspectorate report on UKBA and foreign national ex-offenders
- Refugee Children's Consortium briefing - current situation around immigration detention of children & the new family returns process, Sept 16th 2011
- Latest (2011) version of UKBA's Emergency Travel Document timescales and requirements now available to download from BID website
- Superceded 2003 bail guidance for adjudicators along with timeline of use - for reference
- Link to urgent advice for clients of IAS (Immigration Advisory Service) from the administrator
- Revised immigration bail guidance for immigration judges released by President of the First Tier Tribunal of the Immigration & Asylum Chamber.
- Latest BID & ICAR survey finds detainees now less aware of the free 30 minutes legal advice scheme in IRCs, and 32% of those using the DDA scheme wait one week or more for appointment
- UKBA's Emergency Travel Document timescales and requirements now available to download from BID website (2010 version)
- Judgment handed down on unlawful detention of foreign national ex-offender after the Home Office failed to carry out regular detention reviews as required - SK (Zimbabwe) v SSHD
- BID has published new research on detention of children
- UKBA have disclosed the 2010 Returns Group Documentation Unit (RGDU) ETD Country Reference Guide after a BID FOI request
- BID now on Twitter - follow BID's work and news from the world of detention
- BID's comments to Independent Chief Inspector of UKBA on forthcoming joint and thematic inspections - immigration casework and Detained Fast Track
- Outcry! partnership between BID and The Children's Society on child detention comes to an end
- BID is looking for new Trustees to join our Board - Treasurer post, and people with fundraising & communications experience
- Judgment handed down on unlawful detention of mother separated from her children
- BID needs a Media & Communications for our research and policy office in London. Contact us now!
- New podcast from Harriet Grant for The Guardian on the detention of foreign national ex-offenders
- BID publishes a new bulletin 'The right to legal aid for bail applications'
- BID & ICAR survey shows 19% of detainees interviewed never had any legal advice while in detention
- OutCry! response to Nick Clegg's announcement on the detention of children
- BID is the 2010 winner of the JUSTICE Human Rights Award
- Outcry! briefing outlining concern about new proposed methods of forcibly removing families
- BID & ICAR new survey on level of legal representation among detainees across the detention estate Nov 2010
- New BID bulletin on Section 4 applications for bail accommodation November 2010
- Immigration detainees failed by bail process - new BID report
- BID and The Children's Society comment on child detention figures