| answer text |
<p>Detention is an important part of a firm but fair immigration system, helping to
ensure that those with no right to remain in the UK are returned to their home country
if they will not leave voluntarily. There is an underpinning presumption in immigration
policy that a person will not be detained. Immigration detention is used sparingly
and for the shortest period necessary.</p><p>When a vulnerable individual is considered
for immigration detention, that consideration takes place in line with the adults
at risk in immigration detention policy. The policy came into force in September 2016
and was part of the Government’s response to Stephen Shaw’s review of the welfare
of vulnerable people in immigration detention. Victims of torture and individuals
suffering from a mental health condition are amongst the groups of individuals who
are protected by this policy.</p><p>Each case is decided on its own merits, on the
basis of available evidence. Vulnerable individuals are detained only when immigration
control factors – removability, public protection and compliance with immigration
law – in their particular case outweigh the evidence of their vulnerability.</p><p>All
detention decisions are subject to review by the Home Office Detention Gatekeeper,
which is an internally independent function.</p><p>It is not possible for an individual
to be detained having been assessed as unsuitable for detention by the Detention Gatekeeper,
whether it be on grounds of mental health, as a victims of torture or a victim of
modern slavery.</p><p>The Government considers that the adults at risk policy is an
effective safeguard against the inappropriate detention of vulnerable people.</p><p>Once
detained the Home Office has additional safeguards in place to ensure that vulnerable
people do not remain in detention longer than is necessary or appropriate. Since February
2017 Case Progression Panels have been internally reviewing cases every three months
to ensure case progression towards return.</p><p>From the 15 January 2018, the Secretary
of State has a duty to refer individuals to the independent Immigration and Asylum
Tribunal for consideration of bail four months from the point of detention of the
last Tribunal consideration of bail and every four months thereafter. This duty does
not extend to individuals detained for deportation or on national security grounds.</p><p>The
follow up to the independent review by Stephen Shaw CBE into the welfare in detention
of vulnerable persons started on 4 September 2017. As part of this stocktake Mr Shaw
will be assessing the implementation of all of his earlier review recommendations.</p>
|
|
