Report on an unannounced inspection of the
short-term holding facility at
Loughborough, East
Midlands
by HM Chief Inspector of Prisons
28 August 2013
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2
Loughborough Short-Term Holding Facility
Contents
Contents
Fact page
5
Overview
6
About this inspection and report
7
Summary
8
Section 1. Safety
9
Respect
13
Activities
15
Preparation for removal and release
16
Section 2. Recommendations and housekeeping points
17
Section 3. Appendix
19
Appendix I: Inspection team
Loughborough Short-Term Holding Facility
19
3
Contents
4
Loughborough Short-Term Holding Facility
Fact page
Fact page
Task of the establishment
To hold immigration detainees before transfer to an immigration removal centre
Location
10 South Street, Loughborough LE11 3EY
Name of contractor
Tascor
Last inspection
This was the first inspection.
Escort provider
Tascor
Loughborough Short-Term Holding Facility
5
Overview
Overview
The small short-term holding facility at Loughborough is located in the Home Office East Midlands
Reporting Centre. Up to 250 people subject to immigration reporting restrictions attend the
reporting centre each day. The facility is used to hold detainees who have attended the reporting
centre or have been arrested in the community by immigration enforcement teams before they are
transferred to an immigration removal centre or residential short-term holding facility.
The facility comprises a staff office and single holding room where men and women are held
together. It is open from 9am to 5pm three days a week and on an ad hoc basis for specific
enforcement operations. The facility is run on behalf of the Home Office by the private contractor
Tascor who are also contracted to escort detainees to and from the facility. During our inspection
no detainees were held but 37 had been held in the previous three months for an average of four
hours and 19 minutes. The facility was only suitable for short periods of detention. Families with
children were rarely held and only for a brief period before transfer. The Independent Monitoring
Board regularly visited the facility.
6
Loughborough Short-Term Holding Facility
About this inspection and report
About this inspection and report
Her Majesty’s Inspectorate of Prisons is an independent, statutory organisation which reports on the
treatment and conditions of those detained in prisons, young offender institutions, immigration
detention facilities and police custody.
All inspections carried out by HM Inspectorate of Prisons contribute to the UK’s response to its
international obligations under the Optional Protocol to the UN Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). OPCAT requires that all
places of detention are visited regularly by independent bodies – known as the National Preventive
Mechanism (NPM) – which monitor the treatment of and conditions for detainees. HM Inspectorate
of Prisons is one of several bodies making up the NPM in the UK.
All Inspectorate of Prisons reports carry a summary of the conditions and treatment of detainees,
based on the four tests of a healthy prison that were first introduced in this inspectorate’s thematic
review Suicide is everyone’s concern, published in 1999. The tests have been modified to fit the
inspection of short-term holding facilities, both residential and non-residential. The tests for
short-term holding facilities are:
Safety – that detainees are held in safety and with due regard to the insecurity of their
position
Respect – that detainees are treated with respect for their human dignity and the
circumstances of their detention
Activities – that the centre encourages activities and provides facilities to preserve and
promote the mental and physical well-being of detainees
Preparation for removal and release – that detainees are able to maintain contact with
family, friends, support groups, legal representatives and advisers, access information about
their country of origin and be prepared for their release, transfer or removal. Detainees are
able to retain or recover their property.
Inspectors kept fully in mind that although these were custodial facilities, detainees were not held
because they had been charged with a criminal offence and had not been detained through normal
judicial processes.
Loughborough Short-Term Holding Facility
7
Section 1 – Summary
Summary
Safety
S1
Detainees were routinely handcuffed for the very short distance from vans into and out of
the centre, without regard to individual risk. Risk factors on person escort records were
completed correctly but some were not detailed enough. Most detainees arrived following
arrest in the community. Staff said they would only hold detainees after written authority to
detain (IS91) had been issued.
S2
A male and female officer were on duty. We were told that tensions and intimidation
between detainees were rare, but men, women and, on the rare occasions they were
detained, families with children were all held in the same room. Not all staff carried an antiligature knife. There was no safeguarding adults policy.
S3
Detainees could retain legal documents and could communicate with their solicitors if they
had them. An average of 12 detainees a month had been held during the previous three
months. The average length of detention was four hours 19 minutes. Delays in onward
transfer to immigration removal centres had prolonged the time detainees were held at the
facility.
Respect
S4
The facility was only suitable for short periods of detention. The single holding room was
reasonably well decorated and had some natural light. The toilet had no seat and was not
well screened.
S5
Detainee custody officers spoke positively of their concern for detainee welfare. They did
not wear clearly identifiable name badges. Detainees could practise their religion and make
written complaints. Staff did not receive regular equality training. We were not confident
that telephone interpretation was used when necessary. Food was adequate and snacks were
freely available in the holding room.
Activities
S6
There were sufficient activities for detainees held for short periods but there was no access
to fresh air. The television was not connected to an aerial.
Preparation for removal and release
S7
8
Detainees could not receive visitors but friends and family could hand property into the
facility. Most detainees were transferred to immigration removal centres relatively close to
the facility. Detainees could make telephone calls and had access to a fax, but had no access
to emails or the internet.
Loughborough Short-Term Holding Facility
Section 1 – Safety
Section 1. Safety
Escort vehicles and transfers
Expected outcomes:
Detainees under escort are treated safely, decently and efficiently.
1.1
No detainees arrived at or left the facility during the inspection and there was no escort van
to inspect. A detainee custody officer (DCO) who worked on escorts told us that most
journeys from the facility took less than two hours. Unrelated male and female detainees
were transported separately. Escort vehicles were parked in an insecure area immediately
outside the facility. Staff routinely handcuffed detainees in and out of the facility without
regard to individual risks.
1.2
Person escort records, completed to ensure safe transfer to and from different detention
facilities, were completed correctly but some were not detailed enough. Risk sections were
not always completed in full. For example, some records confirmed there was a risk but
described it as ‘see IS91 or IS276’.
Recommendation
1.3
Detainees should only be handcuffed following an individualised written risk
assessment.
Housekeeping point
1.4
Risk factors should be fully described in all escort documentation.
Arrival
Expected outcomes:
Detainees taken into detention are treated with respect, have the correct
documentation, and are held in safe and decent conditions. Family accommodation is
suitable.
1.5
During the three months before our inspection, 82% of detainees had arrived after attending
the reporting centre. The remaining 18% arrived after being arrested in the community by
immigration enforcement teams. Arrest teams and reporting staff advised facility staff of
planned detentions in advance. DCOs were adamant that they would not accept a detainee
into their custody without a written authority to detain (IS91). A male and female DCO
were on duty during the inspection and we were told that this gender balance was normal
but not guaranteed. When necessary, female Home Office staff assisted with searching.
Detainees were searched discreetly in a separate room.
1.6
Newly arrived detainees were given a brief induction and offered food, drink and a free
telephone call. A generic information booklet, available in the holding room, provided basic
information about the holding room in English and 15 languages. Detainee property was
tagged and stored in the staff area.
Loughborough Short-Term Holding Facility
9
Section 1 – Safety
1.7
Detainees were not permitted to keep their own telephone if it had a camera or internet
access. Suitable mobile phones were available for detainees to use with their SIM cards. No
prepaid SIM cards were available and we were told that detainees with no SIM card would be
given access to the staff telephone. They could also receive incoming calls on the payphone
in the holding room.
Bullying and personal safety
Expected outcomes:
Detainees feel and are safe from bullying and victimisation.
1.8
Staff told us that tensions and intimidation between detainees were rare but, if necessary,
DCOs intervened and spoke to those involved. Staff were unaware of the Tascor antibullying policy and received no formal refresher training. Detainees were supervised at all
times and could easily summon help. DCOs monitored detainees through a large glass
window separating the holding room and the office. Any blind spots were covered by CCTV.
A poster in the holding room advertised a confidential advice line through which detainees
could report any incidence of bullying or harassment. Unrelated men and women were held
together, and there was no separate area for families with children. We were told that close
attention was paid to vulnerable detainees.
Recommendation
1.9
Unrelated male and female detainees and families should not be held in the
same holding room.
Housekeeping point
1.10
DCOs should be aware of Tascor’s anti-bullying policy
Self-harm and suicide prevention
Expected outcomes:
The facility provides a safe and secure environment which reduces the risk of self-harm
and suicide.
1.11
Staff were unaware of the Tascor suicide and self-harm prevention policy. They had not
received refresher training in suicide and self-harm prevention, but staff showed good
awareness of relevant guidance to ensure detainee safety. Procedural guidance was displayed
on the holding room walls. Only one of the two DCOs on duty carried an anti-ligature knife,
and this could have caused avoidable delays in an emergency.
Recommendations
10
1.12
Staff should receive regular refresher training in anti-bullying and suicide
prevention.
1.13
All staff should carry anti-ligature knives.
Loughborough Short-Term Holding Facility
Section 1 – Safety
Safeguarding (protection of adults at risk)
Expected outcomes:
The centre promotes the welfare of all detainees, particularly adults at risk, and
protects them from all kinds of harm and neglect.1
1.14
There was no formal procedure for safeguarding adults or liaising with the local authority.
Detainees were usually held for short periods and vulnerable adults received appropriate
attention, but the limited use of telephone interpretation and lack of detail on person escort
records may have prevented vulnerabilities from being identified. Detention staff were
checked to enhanced level by the Disclosure and Barring Service.
Safeguarding children
Expected outcomes:
The facility promotes the welfare of children and protects them from all kinds of harm
and neglect.
1.15
Children were rarely held at the facility. None had been held during the previous three
months and the most recent child detention had been more than six months previously. The
family had been picked up at home by an immigration enforcement team in a pre-arranged
operation and held in the facility briefly before being transferred into the custody of an
escorting team.
1.16
Facilities for children were reasonably good. A baby change, nappies, wipes, bottles and
potties were available. Activity packs, children’s books and board games were provided for
older children. The Tascor child protection and safeguarding policy was displayed on the staff
office wall. Staff said that they completed care plans for children.
Use of force
Expected outcomes:
Force is only used as a last resort and for legitimate reasons.
1.17
There had been no recorded use of force for more than a year. Force had most recently
been used in May 2012 when a non-compliant female detainee was moved from an interview
room directly to an escort van because another detainee was already in the holding room.
She was violent and attempted to remove her clothes. Use of force documentation
suggested that the force used was proportionate. However, some of the language used by
staff was not conducive to de-escalation. At one point a DCO ‘shouted’ at the detainee to
‘shut up and behave’ and the manager reviewing the incident found: ‘This clear direct
instruction clearly kept the matter under control’. The detainee’s arrest had been prearranged, but no movement order had been produced before her arrest. As a consequence,
she was held on the van for two hours before the documentation was issued and the van
could leave Loughborough. This avoidable delay was unlikely to have calmed the situation
(see recommendation 1.212).
1.18
DCOs received annual control and restraint training.
1
We define an adult at risk as a person aged 18 years or over, ‘who is or may be in need of community care services by
reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable
to protect him or herself against significant harm or exploitation’. ‘No secrets’ definition (Department of Health 2000).
Loughborough Short-Term Holding Facility
11
Section 1 – Safety
Recommendation
1.19
DCOs should not use language that can escalate already tense situations.
Legal rights
Expected outcomes:
Detainees are fully aware of and understand their detention. Detainees are supported
by the facility staff to exercise their legal rights freely.
1.20
Detainees could retain their legal documents. Detainees who had a solicitor before being
detained could maintain contact with them by telephone and fax, but detainees did not have
email access (see section on preparation for removal and release). Notices for the Civil Legal
Advice (CLA) helpline and the Office for the Immigration Services Commissioner were
displayed in English and other languages. The CLA helpline enabled asylum claimants to speak
to immigration solicitors. Detainees could not receive legal visits.
Casework
Expected outcomes:
Detention is carried out on the basis of individual reasons that are clearly
communicated. Detention is for the minimum period necessary.
1.21
During the three months before our inspection, 37 detainees had been held for an average of
four hours 19 minutes. The longest period of detention was seven hours 55 minutes. We
were not confident that detention was kept to a minimum. Six detainees had entered the
facility at 1pm after being picked up in an enforcement operation, yet onward transport to
take them to immigration removal centres did not arrive until almost 9pm. A member of the
Independent Monitoring Board (IMB) told us that delays in onward transfers were common.
Home Office staff maintained oversight of the facility through daily visits which were
recorded in a log.
Recommendation
1.22
12
Detainees should be held for the minimum time. Onward transportation from
the facility should be arranged speedily.
Loughborough Short-Term Holding Facility
Section 1 – Respect
Respect
Accommodation
Expected outcomes:
Detainees are held in a safe, clean and decent environment.
1.23
The single holding room was suitable for only brief periods of detention. It contained 10
seats: four fixed padded seats around a table and hard bench seats for six people. The room
was reasonably well decorated and had some natural light through a small window. The
temperature was comfortable and could be adjusted by staff. There was only one toilet for
male and female use. The toilet, which opened directly on to the holding room, was
inadequately screened with a six-inch gap at the bottom of the door. The steel toilet had no
seat. The toilet contained a suitable supply of sanitary products.
1.24
Copies of a generic information booklet in English and 15 languages were available in the
holding room. Notices were displayed around the room and there was a holder containing
information and a list of embassies.
Recommendation
1.25
The toilet should be adequately screened and should have a seat.
Positive relationships
Expected outcomes:
Detainees are treated with respect by all staff, with proper regard for the uncertainty of
their situation and their cultural backgrounds.
1.26
We were not able to observe interactions between DCOs and detainees but they were
clearly accustomed to putting detainees at ease and attending to their welfare. Members of
the IMB considered that facility staff were ‘excellent’. DCOs did not wear clearly legible
name badges.
Housekeeping point
1.27
Staff should wear clear name badges.
Equality and diversity
Expected outcomes:
There is understanding of the diverse backgrounds of detainees and different cultural
backgrounds. The distinct needs of each protected characteristic, including race
equality, nationality, religion, disability, gender, transgender, sexual orientation, age and
pregnancy, are recognised and addressed.
1.28
The Tascor diversity policy was not displayed in the holding room in different languages and
staff had not received recent training in equality. Detainees could practise their religion and
Loughborough Short-Term Holding Facility
13
Section 1 – Respect
religious books, prayer mats and a compass were freely available in the holding room. The
toilet in the holding room was unsuitable for detainees with disabilities but an adapted toilet
in the reporting centre was used if required. Staff said they produced care plans for detainees
with disabilities, but they could not remember the last time they had done so. A copy of the
Tascor disability care plan guidance was displayed on the holding room wall.
1.29
We were not confident that telephone interpretation was always used for non-English
speakers and staff said that they had access to telephone interpretation services but very
rarely used them.
Recommendations
1.30
All staff should receive refresher diversity training.
1.31
Telephone interpretation should be used to communicate with non-English
speakers.
Complaints
Expected outcomes:
Effective complaints procedures are in place for detainees which are easy to access and
use, in a language they can understand. Responses are timely and can be understood by
detainees.
1.32
Detainees could make written complaints. Complaint forms in English and other languages
were freely available in the holding room with a secure complaints box and pens. The box
was emptied by a Home Office manager during daily checks of the facility. Child friendly
complaint forms and feedback forms were available in English and other languages. The
Home Office detention services confirmed that no complaints had been submitted at the
facility in the last year.
Catering
Expected outcomes:
Detainees are offered varied meals to meet their individual requirements. Food is
prepared and served according to religious, cultural and prevailing food safety and
hygiene regulations.
1.33
14
A range of microwave meals were offered to detainees on arrival. Hot and cold drinks were
available and fruit, crisps and biscuits were provided in the holding room. Staff had petty cash
and could buy food for detainees with special dietary needs.
Loughborough Short-Term Holding Facility
Section 1 – Activities
Activities
Expected outcomes:
The facility encourages activities to preserve and promote the mental and physical
well-being of detainees.
1.34
The television in the holding room was not connected to an aerial and only DVDs could be
played on it. There was a small selection of books and magazines, some in foreign languages.
Detainees had no access to fresh air to take exercise or smoke, but were held for short
periods only.
Housekeeping point
1.35
The holding room should have a working television.
Loughborough Short-Term Holding Facility
15
Section 1 – Preparation for removal and release
Preparation for removal and release
Expected outcomes:
Detainees are able to maintain contact with the outside world and be prepared for their
release, transfer or removal. Detainees are able to retain or recover their property.
Families with children and others with specific needs are not detained without items
essential to their welfare.
1.36
Detainees were not allowed to receive visits but friends and family could hand property and
documents into the facility. Detainees could arrange for visitors to see them at immigration
removal centres (IRCs). Information cards were available giving details of IRCs to which
detainees were to be transferred. Detainees could use telephones and a fax machine but not
emails or the internet.
Recommendation
1.37
16
Detainees should have access to emails and the internet.
Loughborough Short-Term Holding Facility
Section 2. Recommendations and housekeeping points
Section 2. Recommendations and
housekeeping points
Recommendation
To the Home Office
Preparation for removal and release
2.1
Detainees should have access to emails and the internet. (1.37)
Recommendations
To the Home Office and contractor
Bullying and personal safety
2.2
Unrelated male and female detainees and families should not be held in the same holding
room. (1.9)
Casework
2.3
Detainees should be held for the minimum time. Onward transportation from the facility
should be arranged speedily. (1.22)
Accommodation
2.4
The toilet should be adequately screened and should have a seat. (1.25)
Recommendations
To the contractor
Escort vehicles and transfers
2.5
Detainees should only be handcuffed following an individualised written risk assessment. (1.3)
Self-harm and suicide prevention
2.6
Staff should receive regular refresher training in anti-bullying and suicide prevention. (1.12)
2.7
All staff should carry anti-ligature knives. (1.13)
Use of force
2.8
DCOs should not use language that can escalate already tense situations. (1.19)
Loughborough Short-Term Holding Facility
17
Section 2. Recommendations and housekeeping points
Equality and diversity
2.9
All staff should receive refresher diversity training. (1.30)
2.10
Telephone interpretation should be used to communicate with non-English speakers. (1.31)
Housekeeping points
18
2.11
Risk factors should be fully described in all escort documentation. (1.4)
2.12
DCOs should be aware of Tascor’s anti-bullying policy (1.10)
2.13
Staff should wear clear name badges. (1.27)
2.14
The holding room should have a working television. (1.35)
Loughborough Short-Term Holding Facility
Section 3 – Appendix I: Inspection team
Section 3. Appendix
Appendix I: Inspection team
Colin Carroll
Deri Hughes-Roberts
Loughborough Short-Term Holding Facility
Inspector
Inspector
19