15 September 2014
Today BID is publishing a new report 'Denial of Justice: the hidden use of UK prisons for immigration detention'.
As of the 31 December 2013, 2,796 people were held in immigration detention in immigration removal centres, in short-term holding facilities, and in pre-departure accommodation, but a further 1214 people were being held as immigration detainees in the prison estate.
Being detained and losing one’s liberty is bad enough when a person is held in an immigration removal centre, but immigration detention in a prison is unfair and unjust from the start. Detainees held in the prison estate suffer from multiple, systemic, and compounding barriers to accessing justice, with an often devastating effect on their ability to progress their immigration case, seek independent scrutiny of their ongoing detention from the courts and tribunals, and seek release from detention, as well as on their physical and mental wellbeing.
The report can be downloaded from the bottom of the right hand column of this page, or obtained via enquiries(at)biduk.org
This report lays out evidence for these practical barriers, which include but are not limited to:
- no automatic access to on-site immigration legal advice like that provided for detainees in IRCs;
- the existence of financial disincentives to legal aid providers who wish to work with detainees in prisons under current Legal Aid Agency contracts; immigration detainees routinely held under serving prisoner regimes;
- prison regimes and restrictions that preclude the holding of mobile phones,
- inadequate access to wing telephones during working hours, and a slow internal postal system in prisons, which delay and frustrate timely communication with legal advisers, the courts, and the Home Office;
- lack of internet access in prisons which hinders legal research for unrepresented detainees, and makes cooperation with the Home Office redocumentation process very difficult;
- Home Office escorting failures resulting in failure to produce detainees at bail hearings;
- time limited videolink connections to prisons for bail hearings; delays in receipt of Home Office bail summaries as a result of slow internal mail in prisons;
- loss of grants of Home Office Section 4 (1)(c ) bail accommodation as a result of production failures and listing delays, sometimes after several months waiting for a grant of a bail address;
- Home Office failure to provide travel warrants enabling detainees held in prisons and produced in person at hearing centres to reach their Home Office Section 4(1)(c) bail address if granted bail;
- failure to fit electronic tags within the prescribed two working days resulting in extended detention in prison.
Latest Home Office travel document timescales grid now available via BID Freedom of Information Act request, August 2014
8 September 2014
Every year BID asks the Home Office to disclose its guidance on timescales to obtain travel documents by country.
This guidance document for Home Office staff contains information whether a European Union (EU) letter or Emergency Travel Document (ETD) is required for return, the minimum documentary requirements for an ETD, timescales for production of an ETD if original evidence is available, if only copy evidence is available, or no evidence is available at all.
The guidance disclosed by the Home Office to BID is dated August 2014, and is titled ‘Country Returns Documentation Guide’. The format of this document has changed slightly since the August 2013 and earlier versions known as the ‘RDGU Country Reference Guide’.
The Home Office has redacted the following columns for the first time, from left to right on the document:
- 'Current country information' This column contained information such as, for Angola, "Face to face interview is required at the Embassy on Wednesdays. CROS Africa 1 will arrange. Verification checks in country may be initiated".
- 'Unused ETD pool'. This column contained a number, presumably relating to the number of unused ETDs obtained by the Home Office. The number of unused ETDs was a focus of a recent inspection by the Independent Chief Inspector of Borders & Immigration of the ETD process within the Home Office
- 'ETD agreements'. This column contained a number.
The column 'Current likelihood of ETD agreement' is not listed on this document, though it has always been included in previous versions of this document and the contents redacted.
It may be of interest to note that version of guidance disclosed to BID in August 2014 the Home Office no longer offers timescales for Algerian travel documents, whether with or without evidence, whereas in the guidance disclosed in August 2014 there were suggested timescales.
You can download the 2014 version of the Home Office document and the version disclosed in August 2013 from the very bottom of the right hand column on this page, or contact
29 August 2014
This week BID was interviewed for research currently being conducted into the quality of legal advice for asylum seekers, with reference to the position of immigration detainees. The research has been commissioned by the Solicitors’ Regulation Authority (SRA), Legal Ombudsman (LeO) and Unbound Philanthropy , and is being conducted by Asylum Research Consultancy (ARC), MigrationWork CIC, and Refugee Action .
The research will map the legal services market for asylum seekers, and identify
- Barriers to effective use of legal services for asylum seekers, their access to redress, and whether these barriers restrict their access to justice
- What constitutes good and poor practice
- A definition of quality for asylum legal work
We were pleased to be able to share data from BID’s series of 11 legal advice surveys, including over 1500 separate interviews with immigration detainees held in IRCs and prisons over the last four years. We were able to comment on barriers to accessing immigration advice for those people with a protection claim that are held in IRCs, and the benefits and limitations of the legal surgery model and Legal Aid Agency exclusive contracts for this work. We were also able to highlight the severe limitations on access to immigration advice for detainees held I the prison estate, including those making protection claims.
'Summary: Access to immigration legal advice for immigration detainees across the UK detention estate (Surveys 1-8)', July 2014 can be downloaded from the very bottom of the right hand column of this page.
A full report on the findings of of these surveys and a further three carried out with detainees held in prisons is currently in preparation for publication by BID in autumn 2014.
We were also able to share the findings of earlier research with similar objectives carried out by one of BID’s Research & Policy Managers while working at the Information Centre about Asylum & Refugees (ICAR) at City University, and commissioned by Refugee & Migrant Justice (both organisations have since closed down). The Cost of Quality research, carried out between 2009-10, worked with legal practitioners, refugees, and various agencies to examine the effect of fixed fees for legal aid work on the quality of advice provided to asylum seekers. The project developed a normative quality framework, with indicators and proxies for good quality asylum work, and a file review scoring system based on these factors.
Reports from this research can be downloaded from the very bottom of the right hand column of this page
Adeline Trude & Julie Gibbs, (2010), ‘Review of quality issues in legal advice: measuring and costing quality in asylum work’, ICAR and RMJ.
Adeline Trude & Julie Gibbs, (2010), ‘Cost of Quality Legal Advice: Refugee Interviews’, ICAR and RMJ.
Adeline Trude, (2009), 'Cost of Quality Legal Advice: Literature Review’, ICAR.
Only 2 convictions for non-cooperation with the Home Office re-documentation process during 2013, BID FOI request reveals
29 August 2014
The Asylum & Immigration (Treatment of Claimants etc.) Act 2004 introduced criminal penalties for individuals who fail to cooperate with attempts to obtain travel documents to facilitate their removal from the UK.
The Travel Document Project has been obtaining data on the number of criminal prosecutions and convictions under Section 35 of the Asylum & Immigration (Treatment of Claimants etc.) Act 2004 through a series of FOI requests.
The response from the Ministry of Justice to BID's most recent request shows that from January 1st 2013 to December 31 2013, four people were proceeded against and two were found guilty.
The number of criminal prosecutions and convictions under s35 spanning the entire period since the Act came into force on 22 September 2004, can be found in the table below:
Defendants proceeded against at magistrates' courts and found guilty at all courts offences under Section 35 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 , England and Wales (1), 2004 to 20013
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.
25 July 2014
The UN Human Rights Committee is currently assessing the UK’s compliance with the International Covenant on Civil and Political Rights. BID has produced a briefing for the committee outlining our key concerns, including: unlawful detention; the erosion of detainees' access to legal aid and judicial review and the separation of families by immigration detention. Download the briefing here.
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
- BID's Media Coverage
- Contacts for Media
- BID produces briefing for UN Human Rights Committee
- New BID report on the hidden use of prisons for immigration detention
- Latest Home Office travel document timescales grid now available via BID Freedom of Information Act request, August 2014
- Focus on the quality of asylum legal advice in the UK
- Only 2 convictions for non-cooperation with the Home Office re-documentation process during 2013, BID FOI request reveals
- 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