A new report by Bail for Immigration Detainees (BID) has found that 86% of respondents detained under immigration powers in prison did not have legal representation, despite policies designed to ensure access to immigration legal advice. 

The findings raise serious concerns about the implementation of interim policies introduced following the High Court judgment in SM v The Lord Chancellor's Department to improve access to immigration legal advice in prison. 

Under these interim policies, individuals detained under immigration powers in prisons should receive information about legal aid, a list of local immigration advisers, access to 30 minutes of free legally aided advice, and a weekly £5 payment to enable them to make calls. However, the report found: 

  • 86% of respondents reported having no legal representation. 
  • Only 7% of eligible respondents reported receiving the additional £5 weekly payment to which they were entitled. 
  • Just 27% said they had been given information about how to access legal aid.  
  • Only 40% had received a list of legal advisers. 
  • Only two respondents reported receiving the 30 minutes of free legal advice to which they were entitled. 
  • Many prison staff appeared to be unaware of key policy requirements intended to ensure access to immigration legal advice. 

Respondents reported serious consequences, including having to prepare immigration-related submissions and appeals alone, as well as experiencing stress, uncertainty and deteriorating mental health.  

Participants said: 

“It has proved impossible to get immigration legal advice because of lack of legal aid availability. We have tried very hard over many months.” 

“I've lost all hope, I have no strength to fight anymore. My mental health - bipolar & PTSD - are at the relapse stage. There is also very little help with my mental health.” 

“Because I was not able to get representation, I had to do it by myself. I wrote letters to Immigration Enforcement about reasons as to why I should not be deported.” 

“The whole system is complicated and not direct. It is very hard to get into contact with an immigration legal adviser.” 

Recommendations 

BID is calling for urgent action, including: 

  • Commission of an independent inspection of access to immigration legal advice in prisons. 
  • Ensure the effective implementation of HM Prison & Probation Service interim policy for all people detained under immigration powers, and publish a full policy to replace the interim instructions. 
  • Guarantee access to immigration legal aid, including the 30 minutes of free legal advice to which individuals are entitled. 
  • Improve staff awareness of legal advice safeguards through training and monitoring. 
  • Increase legal aid funding and address the shortage of immigration legal aid providers. 
  • Provide greater support for people detained under immigration powers in prison, including mental health support. 

Charlotte Buckley, Director, Bail for Immigration Detainees said: 

"Legal advice is often the difference between someone remaining detained indefinitely and securing their freedom. It enables people to understand their rights, challenge Home Office decisions and apply for release. For people detained in prison, where conditions are restrictive and punitive, access to legal advice is even more important. Yet our research shows that the majority of respondents are being left to navigate this alone. Rights and safeguards are meaningless without the legal advice and representation needed to exercise them. We urge the Home Secretary to address these failings and urgently implement our recommendations to ensure that people can access the legal advice they are entitled to.” 

Read the report