The joint committee on human rights (“JCHR”) which is made up of British members of parliament and peers claim indefinite detention in immigration centres is traumatic and the practice should be stopped, with people ideally held for no longer than 28 days. They also recommended that detention should be authorised only by decision-makers independent of the Home Office.
About 27,000 people a year are detained in Britain for immigration purposes, usually without being given a date for release or deportation. A small proportion are held for more than a year. The UK is the only European country that does not impose time limits.
The findings indicate indefinite detention can cause distress and anxiety, trigger mental illness and exacerbate other mental health conditions. Further, the lack of a time limit is said to reduce the incentive for the Home Office to progress cases promptly.
The lack of independence was also a major concern. Harriet Harman, the chairwoman of the JCHR, noted that persons suspected of a crime can only be detained by the police, who are independent of government. Further, there are safeguards in place, around police custody and detention such as the requirement to bring the person before a court if detention will exceed 36 hours. This procedure is also wholly independent of government.
At present, if the Home Office suspects a person of being in breach of UK immigration laws, there is no independence in the decision making process, no scrutiny or accountability. Mistakes are therefore inevitable and drive up the costs of running the scheme. The detention system costs £108m a year to run and £21m was paid out by the Home Office in just five years to compensate for wrongful detention.
The JCHR made five recommendations:
- The decision to detain should not be made by the Home Office but by officials or judges working for an independent body.
- A 28 day time limit should be introduced. In exceptional circumstances, when detainees frustrate removal attempts, the Home Office should be able to apply to a judge for a further period of detention of no more than an additional 28 days.
- Detainees should have better access to legal aid and advice to challenge detention. Foreign nationals liable to deportation at the end of prison sentences should not have to wait until they are in immigration detention to begin a challenge.
- Vulnerable individuals in immigration detention should be identified earlier and treated appropriately.
- The Home Office should improve oversight and inspection of conditions in detention centres to ensure that any ill-treatment or abuse is found out immediately.
