A survey of almost 200 detainees held in seven deportation centres in England as of 31 August showed almost 56% were defined as an “adult at risk”, either suicidal, seriously ill or victims of torture. Such individuals are only supposed to be detained in extreme cases. The sample amounts to 8% of all those held in detention at the time of survey
The survey – conducted in association with 11 law firms and charities that work with those facing deportation – also found that a third had dependent children in the UK, and 84% had not been told when they would be deported – implying open-ended incarceration.
Almost half the detainees had not committed a crime, but the average detainee in the sample had been imprisoned for four months. The majority had lived in the UK for five years or more and some had been in the country for more than 20 years.
Roland Adjovi a member of the UN Office of the Human Rights Commissioner’s arbitrary detention working group, said that states must ensure that detention ‘is truly a measure of last resort’
“Detention in the context of migration must be a measure of last resort,” he said. “Such detention can never be of unlimited duration and the national legislation must clearly prescribe the maximum permitted duration of detention.”
The former prisons and probation ombudsman Stephen Shaw, who has conducted two comprehensive reviews for the government into immigration detention, added: "far too many people are still being detained for long periods when there is no realistic prospect of their removal from the UK.”
The government detains just over 25,000 people every year pending deportation. The practice of indefinite incarceration has been criticised by high court judges, local authorities, parliamentary committees and the UN. More than half of all detainees are in any case ultimately released back into British society, not deported.
More than half were defined as an adult at risk due to being victims of torture, having suicidal thoughts or being unwell.
While the government claims detainees are held briefly before being deported, 84% had not been given removal directions.
Detention ranged from under five days to nearly three years, with a median of four months, despite Home Office guidance that it should be used sparingly and for the shortest period necessary.
Detainees came from 56 countries, most commonly Nigeria and Algeria.
The survey – conducted in association with 11 law firms and charities that work with those facing deportation – also found that a third had dependent children in the UK, and 84% had not been told when they would be deported – implying open-ended incarceration.
Almost half the detainees had not committed a crime, but the average detainee in the sample had been imprisoned for four months. The majority had lived in the UK for five years or more and some had been in the country for more than 20 years.
Roland Adjovi a member of the UN Office of the Human Rights Commissioner’s arbitrary detention working group, said that states must ensure that detention ‘is truly a measure of last resort’
“Detention in the context of migration must be a measure of last resort,” he said. “Such detention can never be of unlimited duration and the national legislation must clearly prescribe the maximum permitted duration of detention.”
The former prisons and probation ombudsman Stephen Shaw, who has conducted two comprehensive reviews for the government into immigration detention, added: "far too many people are still being detained for long periods when there is no realistic prospect of their removal from the UK.”
The government detains just over 25,000 people every year pending deportation. The practice of indefinite incarceration has been criticised by high court judges, local authorities, parliamentary committees and the UN. More than half of all detainees are in any case ultimately released back into British society, not deported.
The survey found:
Children were held in adult detention centres, while 30% of detainees had dependent children in the UK.More than half were defined as an adult at risk due to being victims of torture, having suicidal thoughts or being unwell.
While the government claims detainees are held briefly before being deported, 84% had not been given removal directions.
Detention ranged from under five days to nearly three years, with a median of four months, despite Home Office guidance that it should be used sparingly and for the shortest period necessary.
Detainees came from 56 countries, most commonly Nigeria and Algeria.
An adult at risk should be given special protection because they are particularly vulnerable. They should not usually be imprisoned, though they can be if the Home Office believes they pose a risk to the public or have a history of non-compliance with immigration law. Of those represented in the Guardian survey, 27% had been tortured, 24% had serious health conditions and 4% were at risk of suicide.
The investigation also uncovered multiple cases of children being held in the adult estate, despite this being banned in all but exceptional circumstances. Almost a third of adult detainees had dependent children in the UK, prompting concerns their removal would lead to families being separated.
Bail for Immigration Detainees, a charity that assists with detainees’ bail applications, condemned such separations, saying it causes children extreme distress.
“Many of our clients’ children have lost weight, suffered from recurring nightmares and experienced insomnia during their parents’ enforced absence,” said Celia Clarke, director of BID.
Kate Allen, director of Amnesty International UK, deplored the fact that the vast majority of detainees face open-ended imprisonment, adding: “That lack of an end date is causing serious harm, not only to those detained but also to their loved ones.”
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