40% of people in detention despite no chance of removal are ‘at risk’ during coronavirus crisis, report reveals

Many of those still in removal centres are considered vulnerable, often because they meet criteria for shielding

Of the 254 people who remained, 39 per cent were identified as being “adults at risk” in detention, often because they met the criteria for shielding (PA)

Nearly half of people in detention centres are considered by the Home Office to be at risk during the coronavirus pandemic, according to a report from the prison watchdog.

The Prison Inspectorate said the number of people in the immigration detention estate had “dramatically reduced” since March in response to the crisis, partly because there was no longer reasonable prospect of removing them, meaning their detention ceased to be lawful.

However, of the 254 people who remained, 39 per cent were identified as being “adults at risk” in detention, often because they met the criteria for shielding.

The report, drawn from short visits on 12 May to Harmondsworth, Brook House, Morton Hall and Yarl’s Wood removal centres, noted delays in assessing detainees’s vulnerability, citing one case in which the temporary lack of a GP meant an assessment had taken five weeks to complete.

From the beginning of January, 47 per cent of Rule 35 reports – which determine whether detainees are “at risk” – has resulted in releases, although there was a large variation in release rates in the four centres, from 61 per cent in Harmondsworth to 16 per cent in Morton Hall.

The report also noted that while all centres had well established arrangements for separating newly arrived detainees, this was “undermined” to some extent by cross-deployment of staff, “increasing the risks of cross-contamination”.

Chief inspector Peter Clarke said that nonetheless, there had been only three confirmed detainee cases of Covid-19 in immigration detention centres, adding: “The fact that the disease had not spread suggested good infection control, which was likely to be supported by the low numbers in detention and, despite some poor distancing in practice, the fact that detainees were in different parts of each centre and had sufficient space.”

Since 23 March, about 15 detainees had been removed on a voluntary repatriation flight to Poland, with a similar flight soon to take place for detainees wishing to return to Albania. Otherwise, few removals have taken place and few were scheduled, inspectors said.

The report states that for most people in detention, removal during the pandemic appeared a remote possibility given the imposition of travel bans across the world, causing frustration among many at their ongoing detention, which has in some cases resulted in protests.

In most centres, some detainees have been granted conditional bail but were not released because of a lack of confirmed suitable accommodation. In some cases the bail period had lapsed without an address being approved, meaning the individual had to go through the bail application process again, further extending their time in detention.

Self-harm in removal centres has not fallen in line with the reduction in population, with 23 incidents recorded since 23 March. Social visits had been suspended at the four centres visited, which inspectors said had had a “considerable negative impact” on some detainees.

Mr Clarke said: “There was a high level of assessed vulnerability among those who remained in detention, and many had been held for long periods at a time when the prospect of removal appeared remote. However, overall numbers had been greatly reduced in all removal centres, and this allowed managers to provide reasonably safe and open regimes.”

Emma Ginn, director of Medical Justice, said the charity had many clients in detention with co-morbidities that mean they are at high risk if infected with Covid-19, most of whom could not be removed from the UK due to global travel restrictions.

She added: “Some of our clients have deteriorated. Their indefinite detention in such harmful conditions, especially with no prospect of removal, is beyond comprehension. The government must value human life above its immigration enforcement statistics and release all immigration detainees immediately before avoidable tragedy occurs.”

The report comes after research published last week by Bail for Immigration Detainees (BID) found that since the beginning of the lockdown, 95 per cent of the charity’s bail hearings for detainees had been successful, compared to a success rate of 59 per cent in 2018-2019.

BID’s director Celia Clarke said this demonstrated a “catalogue of failings” in the Home Office’s approach to detention decision-making, adding: ”Immigration detention is already an inhumane system where people can be locked up indefinitely without trial. Its use during Covid-19 places detainees, staff, and indeed the country, at risk. It must be ended as a matter of urgency.”

A Home Office spokesperson said the department was following all Public Health England guidance on coronavirus and had robust contingency plans in place, including measures such as protective isolation.

They added: “This report is clear that our response to the coronavirus pandemic within immigration detention has been handled well. It follows on from the High Court, who recently ruled that our approach was sensible, with the appropriate precautionary measures in place.

“The public expects that we maintain law and order and keep them safe from high-harm individuals, which is why the vast majority of those currently in detention are foreign national offenders.

“Foreign national offenders who abuse our hospitality should be in no doubt of our determination to deport them, we make no apology for protecting the public and since 2010 the government has removed over 53,000.”