Immigration detainees and custody issues

Report: 8
Date: 7 December 2006
By: AC Territorial Policing on behalf of the Commissioner

Summary

This report outlines the proposed use of MPS facilities for immigration detainees.

A. Recommendation

That the report is noted.

B. Supporting information

1. The MPS have been formally approached by The Immigration and Nationalities Directorate (IND) and asked to consider a proposal for the housing of a limited number of immigration detainees within MPS facilities in order to ease intense pressure within their own detention estate. Their request specifically relates to detainees currently within their own estate, whose cases are complete and who await deportation. Such detainees are likely to be in police accommodation for a limited amount of time. The MPS will stipulate a target of 24 hours turnaround and maximum period of 72 hours detention.

2. The MPS have developed proposals in order to facilitate further discussions with IND on this issue. The overriding principle of this piece of work is that the MPS will be engaged in the leasing of facilities to support, but not the assumption of overall responsibility for, the particular phase of detention and removal at issue.

3. The MPS have undertaken work to identify whether our own detention estate has facilities capable of meeting the identified need. This work has involved close liaison with Operation Emerald (the MPS Custody Directorate) and has taken account of all other existing and potential demands on custody resources.

4. The sites identified as potentially available for such use are located at Kilburn, Southwark and Catford police stations. The total number of cells under consideration is 45. Another site at Ealing has been identified to ensure that there is contingency should any of the other sites have to be withdrawn.

5. Catford and Kilburn custody suites are not currently in operation and as such, these proposals would not affect current operating capacity. Southwark custody suite is currently in use and houses immigration detainees who await collection by IND for transfer into their detention estate. The proposal would involve the Southwark arrangements being subsumed into the wider project and the site would be used for the altered purpose of housing detainees whose deportation is imminent.

6. The operational impact of altering the Southwark arrangements is deemed acceptable. A significant proportion of those detainees normally processed at Southwark are drawn from other Boroughs and will therefore in future be dispersed to various locations within the MPS with no unmanageable pressure on the other custody sites within Southwark.

7. The overall impact of setting aside the three aforementioned custody suites has also been thoroughly researched and is unaffected by the other plans being drawn up to support Operation Safeguard and other potential demands on our estate both internal and external. It is considered that a minimum requirement for any negotiations would be a 7-day period for the return of the site to the MPS if operationally necessary.

8. This and other limitations of use are included at Appendix 1: ‘proposed MPS requirements in respect of negotiations with IND over use of police cell space’

9. The type of facilities envisaged within this proposal take account of the bespoke requirements of immigration detainees in relation to visits, access to telephones, exercise and free association. The framework for all sites would be based around the identified good practice from the Southwark arrangements, all of which are based on detainees whose detention is not PACE related.

10. Oversight and monitoring in relation to the standards of detention will be conducted through existing systems within IND for this type of detainee. ICV (Independent Custody Visitors) would not therefore be involved at these sites.

11. The staffing arrangements envisaged within this proposal are to utilise police personnel whose duties would be organised corporately to ensure no particular Borough would be adversely affected by the use of their staff. It is anticipated that staffing arrangements will be based on overtime, again to minimise impact on general operational capacity.

12. The roles and responsibilities of those members of staff identified for this work will be developed in consultation with the Federation and with due consideration for any specific risks that might be associated with this type of detainee. Corporate guidance will be developed in order to establish minimum standards for the running of these sites, including minimum supervisory and general staffing levels.

Abbreviations

IND

The Immigration and Nationalities Directorate

C. Race and equality impact

Concerns about the fair treatment of immigration detainees and the provision of acceptable levels of facilities are relevant and legitimate, particularly where detainees may remain beyond 24 hours and where their detention falls outside PACE. These concerns have and will be fully considered throughout this process. The current Southwark model has been developed within an inclusive consultative framework and has addressed many concerns previously held by partners and community groups.

D. Financial implications

The MPS intend full cost recovery from IND should these proposals be introduced. Calculations in respect of the identified sites have been developed and will support any future negotiations. The exact levels of cost recovery are dependent upon the negotiation process and the nature of any agreement subsequently reached with IND.

E. Background papers

None

F. Contact details

Report author: AC Godwin, MPS.

For information contact:

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

Appendix 1

Proposed MPS minimum requirements in respect of negotiations with IND over use of cell space

• The sites identified will be run exclusively for use by the immigration service and the cost of set up and operation is based upon full occupancy.
• The MPS reserve the ability to resume the use of these sites for police purposes should there be urgent operational need. A period of 7 days notice will be provided should this situation arise.
• All detainees brought to the sites will fall into the categories of detainees who have had removal papers or a notice of deportation served and are not subject to further investigation or appeal. There is room for further discussion around any other types of detainee IND would like to place within the MPS sites.
• IND will set a target that all detainees will be removed from the sites within 24 hrs.
• No detainee will be held at the site for more than 72 hrs. After this time detainees will be returned to one of the IND detention centres.
• IND retains responsibility for developing a monitoring and oversight regime, as detainees will not fall within categories normally managed through the MPA ICV (Independent Custody Visiting) process.
• Any paperwork, for example deportation notices, is served before the detainee is brought to a site.
• IND will be responsible for the transportation of detainees to the site and from the site to the airport. Further discussion will necessary to determine at what point a detainee becomes the responsibility of MPS staff.
• All relevant paperwork will accompany the detainee to the site including thorough risk assessment documentation. (The format of which will be created by joint liaison)
• Where detainees are ‘failed removals’ full details of the failed removal are to be provided by IND
• Detainees are to be seen (if they have medical problems and are taking mediation) or asked if they wish to see a doctor or nurse before their transportation to the site.
• Should the independent visitors request any changes to the internal structure of the sites these costs will be charged back to IND

Send an e-mail linking to this page

Feedback