Home Office immigration detainees at MPS detention facilities

Report: 6
Date: 6 July 2006
By: Commissioner

Summary

To update members on the use of MPS custody accommodation by immigration detainees and on other developments relating to the MPS and Home Office (Immigration and Nationality Directorate) regarding immigration detainees.

A. Recommendations

That

1. Members note the current position in relation to the use of MPS detention facilities by Home Office immigration detainees and the proposed review of working practises between the MPS and the United Kingdom Immigration Service (UKIS).

B. Supporting information

Background

1. This report builds on the paper presented by the Commissioner to the MPA in May 2005. It not only considers the issues of Immigration detainees in Police Cells but the wider issues that have arisen from recent high profile issues identified within the Immigration processes.

2. Arrangements for working between the MPS and the United Kingdom Immigration Service (UKIS) are set out in a Memorandum of Understanding (MOU) (copies have been made available to members) which was described in the paper of 2005. Whilst this has served both parties well and conforms with Home Office Circular 70 of 2004, the situation for both organisations has now changed and as result the MPS has commissioned a review, with UKIS, of its relevance, scope and appropriateness. This will be carried out within the remit of a wider review on the strategic approach to Immigration, focusing on the relevance of arrangements post the recent events concerning the release of convicted individuals subject to consideration for deportation.

3. The priority for UKIS activity has been Failed Asylum Seekers and in particular reaching a point (referred to as ‘tipping the balance’) where more failed asylum seekers were returned to their home country than were identified as being failed asylum seekers. The MPS have been developing with UKIS a more flexible approach where focus would be on those people causing most harm to communities but until this goal was reached UKIS were under considerable pressure to deliver this target above all else. In February 2006, the point was reached and there was real belief between the two agencies that a more sophisticated approach could be developed, which would more greatly support communities and individuals. However, recent issues around the release of detained prisoners subject to consideration for deportation has taken over as a priority for UKIS, who are now dealing almost entirely with this issue.

4. Whilst Failed Asylum Seekers have been the focus UKIS have still taken action against other immigrants illegally in the country and this has put pressure on MPS custody facilities. However, this has greatly reduced in scale from previous years.

5. For the year January 2005 – December 2005 inclusive, a total of 3,957 detainees were held in MPS facilities. 2,018 were removed within 24 hours (51%), 1,898 were removed within 96 hours (48%) and 41 remained in police cells over 96 hours (1%). To provide comparison the time periods used previously have been produced below to show the reduction in the number of people detained by the MPS for UKIS and reductions in the periods of time they have been detained.

• January – February 2004 (total of 1,107 prisoners removed)
  • 39.5% within 24 hours
  • 92% within 72 hours
• January – February 2005 (total of 755 prisoners removed)
  • 38.7% within 24 hours
  • 94.1% within 96 hours
• January – February 2006 (total of 382 prisoners removed)
  • 52% within 24 hours
  • 48% within 96 hours

6. These reductions in both numbers and time are a direct reflection of better working between UKIS and ourselves; the support we have provided to them to develop their own arrest and detention facilities. We will continue to support UKIS in this work. However, this reduction in the use of police cell accommodation by UKIS has had a negative impact on our budget as it is reflected in under achievement of income generation targets in the Territorial Policing (TP) budget for 2005/2006 (see financial implications).

7. Previously reported were a number of cell facilities staffed primarily to assist with Immigration detainees. The position with regard to these has now changed. In Southwark borough, a suite that can be used for immigration detainees is now primarily used as an overflow for the borough when their capacity is full.

8. The custody directorate are well aware of the impact that immigration detainees have on the already pressured custody capacity. Regular meetings are in progress to renegotiate cost recovery from UKIS, who are seeking to reduce the amount recovered. A firm stance is being adopted by the MPS to ensure equitable recovery is obtained and that charges will continue to actively encourage UKIS to utilise their existing facilities and legislation more often as opposed to using MPS accommodation.

9. Two immigration centres sit within London, both in the London Borough of Hillingdon. These centres have been part of the improvements, but with them come concerns from Asylum Seeking groups about crimes committed against immigrants. The MPS are currently consulting with UKIS to obtain funding for a police officer with specific responsibility for providing policing services to those detained and awaiting deportation.

10. A robust approach is also being taken into challenging UKIS to reduce the burden on cell capacity by increasing the efficiency of their own processes. As a result, Immigration officers can be contacted by telephone now ‘out of hours’ to establish immigration status rather than have to detain the person overnight awaiting the attendance of an officer. This has had considerable effect on detention times.

11. The use of MPS cells for immigration detainees raises concern amongst Independent Custody Visitors (ICV). These issues can and are, raised through forums such as the ICV Programme Board. Members include, John Roberts MPA, David Riddle MPA, members of the Custody Directorate and Commander Criminal Justice Unit.

Current position following release of detained prisoners liable to consideration for deportation

12. The MPS is currently working with and supporting the UKIS in the detention of those prisoners released and not considered for deportation. Operation Sculley, the Immigration and Nationality Directorate (IND) led operation, initially produced a number of 1,023 foreign nationals who had been convicted of diverse crimes, from serious to minor, released from prison and liable for deportation. Of those, some 79 were classified by IND as ‘the most serious offenders’. This incorporates offences of murder, manslaughter, serious sexual offences such as rape/unlawful sexual intercourse, kidnapping, serious violence for example, Grievous Bodily Harm (GBH) and blackmail.

13. When the IND are satisfied that a case is ready for action it is forwarded to the Joint Intelligence Unit (JIU). The MOU recognised the importance of the operations being intelligence led and JIUs were set up, providing up to ten MPS officers to give advice and guidance to immigration officers. Currently, a further 20 police officers support immigration staff in operational activity, with five more police officers due to start in the next few months. It should be noted that it is these arrangements which are significantly reducing the number of Immigration detainees held in MPS custody facilities and who are enhancing UKIS capability and skills.

14. The JIU research the information further and then pass it onto the MPS Violent Crime Directorate for additional research on databases not available to the JIU. If the subject is considered low risk, the Police Officers Secondee Unit (POSU) will deal. Any medium or high-risk subjects are further researched and actioned by the MPS. The risk assessment takes into account, not only the risks to all people involved in the operations, but also a wider Community Impact Assessment (CIA) which engages the boroughs where the operations are taking place. These boroughs can veto the operation if they believe there will be a negative impact on the community.

15. Of the 1,023 original cases, UKIS estimate that 50 – 60% will be London cases, based on last known residence. However, there is not a complete list being held or compiled by IND, which shows cases on a Force-by-Force basis.

16. Of the 79 most serious offences, the MPS were forwarded ten as being the most serious for action by police alone. These were forwarded to JIU for action, and where there was a negative result, the details were passed to MPS Operation Artemis, a specialist unit who seek to locate ‘difficult to trace’ offenders. This unit normally traces murderers and sex offenders. The current position with those cases is seven have been disposed of and three are subject to further actions:

• Three arrested (Index offence, GBH, Robbery/ABH)
• One returned to IND as only a tenuous previous bedsit link with London.
• Two believed to be outside the UK
• One there is a problem with the IND paperwork
• Three subject of active research to locate (Index Offence Blackmail False Imprisonment; ABH; Wounding)

17. In addition to the ten most serious cases forwarded to the MPS, six registered sex offenders were identified by police and arrested. The majority of cases remaining and packaged for action are for less serious offences.

18. Other arrests include index offences of possession of explosive substance, possession of prohibited weapon/ammunition, GBH.

19. A Gold Group has been convened and chaired by Commander Jarman, supported by representatives from the Metropolitan Police Authority (MPA), MPS, Director of Enforcement for London IND, Director for Enforcement National IND, National Asylum Support Service (NASS) and the Independent Advisory Group (IAG). This group is set up to co-ordinate activity across the services and to establish and develop the best way forward in dealing with all the appropriate issues relating to the MPS and UKIS.

20. On a wider scale, there are also meetings held by the Mayors Office involving the Greater London Authority (GLA), MPA, UKIS and the MPS. These meetings include a High Level group, supported by a community group. One area of activity that is an outcome of these meetings is an agreed joint review between the MPS and UKIS on immigration enforcement in London with particular emphasis on fulfilling the requirements of the Race Relations (Amendment) Act, strategically identifying how the police should be involved in immigration enforcement and opportunities for police to enhance crime reduction and community cohesion. This will encompass the review mentioned above and provide a real opportunity to work with other agencies to promote better race relations (through effective and balanced enforcement activity) and promote greater support to vulnerable victims and communities.

Abbreviations

MPS

Metropolitan Police Service

MPA

Metropolitan Police Authority

GLA

Greater London Authority

IND

Immigration and Nationality Directorate

UKIS

United Kingdom Immigration Service

MOU

Memorandum of Understanding

TP

Territorial Policing

ICV

Independent Custody Visitors

GBH

Grievous Bodily Harm

JIU

Joint Intelligence Unit

POSU

Police Officers Secondee Unit

CIA

Community Impact Assessment

ABH

Actual Bodily Harm

NASS

National Asylum Support Services

IAG

Independent Advisory Group

C. Race and equality impact

There is a requirement on police to undertake enforcement activity in support of UKIS in detaining prisoners released who should have been considered for deportation. There are implications in respect of police activity being seen to be ‘picking on’ one group within the community. Additionally, there may be implications should the MPS get its immigration policy wrong, which could lead to an underreporting of crime by vulnerable people, further crime within crime being committed within communities and a loss of intelligence. This area of work falls within the general duties under the Race Relations (Amendment) Act and full impact assessments will be carried out on any changes to policies and practices.

D. Financial implications

The MPS recovered £2.82m costs from the UKIS in the period from April 2005 to the end of March 2006. This was against an income target of £4.25m. All costs recovered have been retained by the boroughs providing these facilities.

E. Background papers

• May 2005 MPA Paper

F. Contact details

Report author: Commander Rod Jarman, MPS

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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