20 December 2012
New ILPA briefing on mental health & detention produced following BID and AVID meeting with Dept of Health & UKBA
In August 2012 BID and the Association of Visitors to Immigration Detainees (AVID) met with UKBA and officials from the Department of Health involved in the transfer of commissioning of healthcare in IRCs from the Home Office to the Department of Health. This was part of a series of meetings held by the two organisations as the Mental Health in Immigration Detention Project policy initiative. As a result of the meeting it was identified that the DoH was not fully aware of the legal basis of immigration detention and relase, and how this might articulate with the Mental Health Act. We felt this would hamper attempts to improve the currently unacceptable way that mentally ill people are identified and treated while they are in administrative detention. We approached ILPA, who kindly agreed to produce this briefing.
We are grateful to Sue Willman (Deighton Pierce Glynn), Jed Pennington, and Hamish Arnott (both at Bhatt Murphy) for their help.
The legal basis for detention under immigration powers, and for release from immigration detention, allows for a wide range of options for release and treatment of mentally ill detainees. These have been outlined in this briefing. We consider that decisions regarding hospitalisation or community treatment for people in immigration detention with serious mental illness should be driven by clinical considerations.
Despite the positive duty of care of the Secretary of State towards people held in administrative detention under immigration powers, the full range of releases available to the UK Border Agency are not being deployed where mentally ill detainees are identified and where release is clinically indicated. The four cases with findings of breaches of Article 3 of the European Convention on Human Rights in the case of severely mentally ill immigration detainees over the last year indicate this.
Guidance produced by the Department of Health on transfers under section 47 and section 48 of the Mental Health Act 1983 does not reflect this full range of options for release and is therefore misleading. It requires urgent review, together with consequential revision of some Ministry of Justice documentation for such transfers.
The 2011 Department of Health guidance document should be revised to reflect the current legal basis for both detention and release under immigration powers, and the articulation of these powers in the context of the Mental Health Act 1983.
The briefing can be downloaded from the very bottom of the right hand column on this page.
- BID's Media Coverage
- Contacts for Media
- BID comments on Family Returns Panel's report
- New BID report on bail address delays 'No place to go: delays in Home Office provision of Section 4(1)(c) bail accommodation '
- 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