Manual

Detention Support

Manual for use by Samphire Detention Support Project staff. Amended following project closure Nov 2015.

Last edit: 10/12/2015

SamphireSupporting migrants in and after detention

Patron: Rt. Rev Trevor Wilmott, Bishop of Dover

Registered Charity No. 1106667

54-56 Castle Street, Dover CT16 1PJ

Tel 01304 242 755Fax 0871 9898 439www.samphireproject.org.ukinfo@samphireproject.org.uk

ContentsContents......................................................................................................2Introduction – Following closure of Dover IRC.............................................3Detention Support’s Role and Approach.....................................................4Summary sheet...........................................................................................5Administration.............................................................................................6New clients – the procedure......................................................................11Confidentiality...........................................................................................14Contacting people detained......................................................................15Getting legal advice..................................................................................16People at risk of suicide.............................................................................19Torture survivors.......................................................................................21People facing removal or deportation.......................................................23Casework 1 - Help make life easier in detention.......................................25Casework 2 - Help with substantive case..................................................28Casework 3 - Help getting out of detention...............................................40Visitors......................................................................................................44Phone cards...............................................................................................46Policy issues..............................................................................................48Monitoring.................................................................................................49New Staff...................................................................................................52

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Introduction – Following closure of Dover IRCSamphire’s workSamphire has supported people detained in Dover Immigration Removal Centre since it opened in 2002. We initially operated a visiting scheme to provide emotional support before expanding this so that paid staff could provide practical support within our Detention Support Project.

Samphire expanded its work further by creating an Ex-Detainee Project to assist people released from detention and an Awareness Raising Project to counter negative perceptions about immigration and to raise awareness about the problem of detention without time limit in the UK.

Dover closureThe Home Office announced on 15 October 2015 that Dover Immigration Removal Centre would close. Samphire will continue its Ex-Detainee and Awareness Raising Projects but our Detention Support Project will close.

Over the last year we have created this Detention Support Manual to help Samphire staff and volunteers support people detained. Samphire are now circulating it in the hope that it can help other organisations in their work supporting people in immigration detention.

Fraser PatersonDetention Support Project ManagerNovember 2015

Disclaimer

We hope this manual is of use to others in understanding the working practices of Samphire’s Detention Support Project. However, none of it should be relied upon to give legal advice.

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Detention Support’s Role and ApproachSamphire’s Detention Support Project aims to support all people in detention. This help is not restricted to improving welfare in detention, it includes helping people get released from detention and gain a right to stay in the UK. Support is provided in as participative and empowering a way as possible.

We constantly consider how our actions affect the trust of people detained. Integration with the detention centre structures and advertisement by officers can help people be aware of, and access, our services but it can also drive mistrust. This balance between access and trust is an important one. Other organisations have full access to the detention centre; our value is independence and the trust we have by working only in the interests of people detained.

There are some people in detention we will be unable to help in a practical way despite our best efforts. We still support them and accompany them in this difficult time of their lives.

Samphire’s work1. Making life easier for people in detention

Caseworkers providing emotional support Visitors providing emotional support Phone cards (delivered monthly) Assisting with healthcare issues Assisting with complaints Assisting with other detainee welfare issues

2. Helping people get a right to stay in the UK Helping them access legal advice for their substantive case Helping them gather evidence for a case Refer cases to lawyers Helping communication with a lawyer Making referrals and communicating with other organisations that can

help

3. Helping people leave detention Helping them access legal advice for bail Help with s4 accommodation applications Communicate with Home Office s4 Bail team/probation officers to get an

address Refer to Kent Refugee Help for sureties

4. Policy and awareness Raising policy issues Applying detention support experience to raise awareness of issues

relevant to immigration or immigration detention.4

Summary sheetNew clientsCheck they are in Dover IRC (we get quite a few calls from people elsewhere).

If they are not in Dover then give them the contact details of the visitor group for that detention centre (see AVID website) and the details of Bail for Immigration Detainees.

Ensure you get the Essential Information at the top of our intake forms:

First and Family/Last name Nationality Date they contacted us Mobile number DIRC house/unit

Detention number (this is NOMS number on their canteen card).

Whether they have a ticket/removal directions

Mobile number

Say that we will then call to arrange a time to meet where we will fill out the rest of the intake form.

Clients in need of a legal adviserSee section: Getting legal advice.

Advise they go to the Welfare Office in Rye House and sign up for a legal aid adviser. It is important that everyone in detention receives legal advice. If they’ve signed up at Rye House but not heard back then note down the history of their attempts to get legal advice. Ask that they go back to Rye House one more time and inquire again.

Contact the welfare office if there are continuing difficulties. If there are systematic problems then contact the Head of Welfare and Services.

Distressed clientsAssure them that we are here to help and that we will help them with their problems step by step. Take down details of the thing that is concerning them most and work to solve that.

See section People at risk of suicide.

Don’t be afraid to talk about suicide – get further information to determine their intent. If you think there is a significant risk that someone will attempt suicide then tell them you have to tell the detention centre. We inform everyone of this exception to our duty of confidentiality when we first meet them.

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Contact the duty officer at Dover IRC. Only give the details required to reduce the risk.

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AdministrationGlossary and abbreviationsUseful abbreviations for worki/v - interviewapp - applicationNFA - No further action required. Useful to put at the end of an action to say you don’t have to do anything for now.pport - passportref – referralw/c – Week commencingLegal and immigration terms3rd country – A country where removal may be possible because fingerprints of an asylum seeker were found – see Dublin Convention.ARE – Appeal Rights ExhaustedDublin Convention – This is the convention that allows return of asylum seeker to the first European country in which they were fingerprinted.EEA – European Economic AreaETD – Emergency Travel Documentfingerprint – When fingerprints are found on Eurodac allowing return under Dublin Convention to another European country.HO – Home OfficeImmigration – Term used to describe the Home Office or its staff in its immigration function.

JR – Judicial review. This is how public sector decisions of all sorts can be challenged. It’s now increasingly used in immigration as appeal rights are removed. This is difficult for people as it is costly and complex – so it’s harder to enforce your rights.NOMS – National Offender Management Service (effectively the combination of prison and probation services).NRM – National Referral Mechanism, the process for identifying trafficked peoplePAP – Pre-Action Protocol letter, sent in advance of a Judicial ReviewRDs – Removal directionsSAR – Subject Access Request (when data held on someone is requested)s95 support – Support given to people while their asylum claims are considered.s4 – Section 4, the section under which a certain form of support is given to people if s95 isn’t applicable. tag – Electronic tag, used to track people on release from detentionticket – removal directions or deportation arrangements

Shared Drive The shared drive is where all documents relating to Samphire’s work are stored. It is simply a shared folder within our ‘Server’ computer. It is ‘mapped’ as the ‘Z’ drive on your computer but you can access it through the network (check the IT manual for more information).

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Inside the shared drive is the ‘Detention Support Project’ folder where documents relating to the Detention Support project are kept. The folders used most in Detention Support are listed below.

Clients Documents Each time a new client is registered create a folder for them in Client

Documents. A copy of the completed intake form and signed consent should be saved in this file when it is created. Each time an email or fax is sent for a person a copy of the email/fax is saved in their file. When someone leaves Dover, their folder is filed according to where they are now.

For details of how to name documents see ‘Document Naming Convention’ below.

If the number of documents in a client’s folder becomes unwieldy then create a Documents folder and put the important legal documents etc. in there.

ScansThis is where the scans go. See ‘Scanning forms and documents’ below.

Guidance While this manual should give the basic process of doing Detention Support work, further details are in the guidance folder on the shared drive. This may be general information about a legal adviser’s approach to certain cases or specific information about new case law or guidance on a particular country. This file allows up to date detained information to be shared without amending this manual.

PartnersInside the shared drive (not in Detention Support) is the ‘Partners’ folder where all documents and contacts are stored for the main external organisations with which we work. A Word document ‘Networking list’ is here and contains our main contacts. You can also put details of meetings, agreements and correspondence here.

Document naming convention Intake forms e.g. Ibrahim SOUAD form Consent forms e.g. Ibrahim SOUAD consent All other documents put date with year, month and day in reverse order

then a document title so that when sorted by name it’ll go in order of date e.g. 2015-07-22 Monthly report

Scanning forms and documentsPut documents in the top tray of the scanner. Press ‘send’ and then go into ‘address book’. Listed in the address book is ‘detention support’. Once selected press the green button and a copy of the document will appear in the Scans folder on the server.

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Scan the documents:

Scan in black and white unless necessary Make sure that you use two-sided scanning if writing is on both sides You can use the document feeder on the top of the scanner to scan

multiple pages into one document. By clicking ‘format’ you can use the document feeder but divide the scan

into pages. Useful if you’re scanning a lot of intake forms and consent forms at once.

After scanning forms then rename them according to the Document namingconvention and file them on the Shared Drive (see above) – deleting the document in the Scans folder.

DatabaseThis is a Microsoft Access database that stores personal details and case notes for all of our current and former clients. It is also used to generate quantitative data and recognise trends that feed into our Awareness Raising Project or policy work.

Searching for a clientThe database opens on client records. You can search in different ways from here.

In the top blue bar you can enter either the detainee’s surname or detention number. This has the advantage of having a drop-down, so you can find people even if you don’t have quite the right spelling

Click ‘find detainees’. Type name/detention number/phone number/key word. You can choose to search either one field or whole document. You can also choose for the word you search to only produce results if it is the whole field or part of the field.

Adding clients First check if the client is added already – use the search fields at the top

to check detention number and surname. If they’re not there, then continue below.

Click “Add detainee” from either main menu or a detainee’s record Fill out basic details and save. Important fields to always complete are:

detainee details, date contacted Samphire, date came to Dover and date left.

Add an action after your first meeting. If the intake was during drop-ins then add one action “Met client – Drop-ins”; if in visits hall add action ‘’Met client – caseworker visit’’. The first action is a summary of your first meeting and the information you got from it. It may feel like a duplication of the information on the front sheet but it is important as the first action provides a concise history of the person case for future reference.

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Case notesEach time work is done on a case add an action and give a summary of the action. This includes all actions such as phone calls/missed calls and messages. It is important these notes are kept up to date. Statistics and trendsWe can gather useful information from the data base which shows an anonymised overview of our clients. It also identifies trends. See ‘Monitoring’ section.

EmailsIn addition to our named email addresses there are some general email addresses. The main email address for Samphire is info@samphireproject.org.uk.

Dealing with emails in the ‘info’ account

Don’t ever leave an email unread (even if it’s an advert) so you can easily see if an email’s not been dealt with.

If an email is unread make sure it’s dealt with by ignoring it, dealing with it there and then or delegate or save it for later by sending it to yourself or someone else.

Faxes are received to this account. Change the subject line to something meaningful when you forward a

fax/email. Check regularly throughout the day as important faxes/emails are

received here.

There is also a detentionsupport@samphireproject.org.uk email account, which we have rarely used. Mail from this address should be forwarded to the Detention Support Coordinator. It can also be used by volunteers as it allows responses to be received by the coordinator.

Task managementEach member of staff manages their own case load. People do this in different ways. However, as a minimum each person should have a list of their own clients and actions that need to be done – so that others can take over your work if necessary.

Using the Tasks spreadsheetYou can use the ‘Tasks – blank’ spreadsheet as a way to manage your caseload. It has automatic colour-coding, so you can use the drop-down menus to say whether there is a task to do or it is urgent and it will colour it yellow or red accordingly. If you put in a date for the next action, it will highlight red when that date is due. Follow the following rules in using the spreadsheet:

The spreadsheet uses ‘Tables’. The tables are shown by the background shading. This is a way for formatting to be continued from the line above.

To add a new client then you can just fill in the first line below the table and the table will automatically extend down to include the new row.

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Alternatively you can drag the bottom-right hand corner of the table to make it cover, (or not cover) certain data.

Copy (Ctrl-C) if you want to copy data – never ‘cut’ data. You can then delete the row after if you wish.

If you paste data then instead of pasting as normal, right click and paste values only.

Using a word document If the task spreadsheet is too daunting then a simpler way of organising your work is having a word document with a table with just a client’s name and the next actions to be done. You can then use the highlight tool to highlight actions in yellow or red depending on urgency.

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New clients – the procedure1. New clientsNew clients can come into contact with Samphire in various ways:

Call to detention support landline or mobile. A referral from within Samphire or another organisation Thursday afternoon drop-ins in the education building of the detention

centre

If you get a call from a client:

Explain who Samphire is and what we do. Take basic details in the top box of intake form; first name, family name,

nationality, initial contact, mobile, detention number, unit and date of any ticket.

Arrange to meet them during visitor hours or ask them to come along to the drop-in sessions for an initial meeting on a Thursday between 1:45 and 4pm upstairs in the education department.

Make sure to check if the detainee has a ticket (Removal Directions or Deportation Arrangements) and write down the date. If the date is before the Thursday drop-in consider asking for more information to see if there is anything that you could do. Ask them if they have a lawyer and if not direct them to the welfare office and advise them to show their ticket and ask for an urgent appointment.

2. Initial meetingSamphire meets everyone who contacts us. Meeting someone and doing a full intake helps you to make sure you’ve explored how best to help that person.

Note: From past experience, when we’ve only had phone contact with people or not done a full intake, they sometimes end up detained unnecessarily long. It can mean that we do not have the background information to be proactive and make sure they get the help they need.

You can either meet people in the drop-ins or in the visits hall. At this meeting fill in the blue form which also serves as a bit of a template for the intake meeting.

Preliminaries Who you are: “My name is [ ] and I work for Samphire.” What Samphire is: “Samphire is a charity that is completely separate

and independent from immigration and completely separate and independent from the detention centre”

Confidentiality policy: “What you tell me is secret and confidential and we won’t tell anyone outside of Samphire unless you want us to. However

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if you talk about hurting yourself or hurting someone else then I have to tell someone”

How we can help:o “We arrange a visiting scheme through which volunteers in the area

around Dover visit people in detention.”o “We are not lawyers and we can’t give legal advice. However, we

will help with your case in any way we can.”o “We deliver a calling card every month (this is not Lyca or Lebara

credit, but a calling card)” Provide the equal opportunities form for them to fill out later. They can

post it in the box upstairs in the education department outside computer room. The box has our logo on.

You may give a blank feedback form which they can post in the same box.

Note: Say all these formalities at the start. You may be tempted to start with open questions that do help build rapport with the person detained. However, Samphire has a bit of a strange role and if you don’t make clear all these things the resulting confusion generally outweighs the benefits. They may think you are a lawyer or they may feel betrayed if you tell the detention centre about a risk of suicide.

Complete the whole blue intake form. The form provides a bit of a structure for completing it:1. Get basic info e.g. Essential info and date of birth etc. You can get name (as

spelled by detention centre) and detention number from someone’s canteen card.

2. Ask how they came to the UK – in the course of this you can pick up on particularly problems they’ve faced e.g. they are under 18 or they’re a survivor of torture.

3. Ask how it went wrong and they ended up detained – this can pick up on their immigration history and their current substantive case.

4. Get details of how and when detained – this helps you work out their prospects for bail.

5. Agree actions you will take (if appropriate actions are needed).

3. Scan form and add on database See ‘Administration’ section for how to do this.

4. Send phone cardEach month we give out calling cards (see Phone cards section). When a new client is registered it may be a long time until the next delivery or they may be in urgent need of a phone card.

Samphire can give new clients phone cards; they do not have to wait for the monthly delivery. Put the Name, house/wing and detention number of client on front of the envelope and hand in at Visitor Centre (the building just outside the main gate).

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5. Arrange visitor if requiredSamphire asks each new client if they would like a social visitor.

Note: It is good to be clear this is NOT someone who can help with their case. Often the role of a social visitor is misunderstood.

Add their name to waiting list on the excel spreadsheet named ‘Visitor list’ in Detention Support folder.

See ‘Visitors’ section on page 45.

6. Consider welfare in detentionYou first want to consider whether there are any emergency welfare issues, such as:

Are they suicidal? Are they under 18? Have they a serious physical or mental health problem that is not being

treated? Is detention causing a rapid decline in physical or mental health?

There may also be non-urgent welfare issues someone wants you to assist with. See the section ‘Casework 1 - Help make life easier in detention’ on page 26.

7. Consider substantive caseThe ‘substantive case’ refers to someone’s right to stay in the UK. Consider:

Have they an outstanding case to gain a right to stay in the UK? What is it?

If they don’t have an outstanding case, have they taken legal advice? Do they have a lawyer representing them in their substantive case? See

‘Getting legal advice’ on page 17.

See the section ‘Casework 2 - Help with substantive case’ on page 29.

8. Consider bail case When were they detained? Do they have a lawyer representing them for bail? See ‘Getting legal

advice’ - page 17. Do they have an address to go to if they are released? Consider unlawful detention referral – long detention or if someone

seriously shouldn’t be there

See the section ‘Casework 3 - Help getting out of detention’ on page 41.

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ConfidentialityConfidentiality is one of the most important aspects of work at Samphire. Maintaining confidentiality is important for Samphire’s legal obligations but just as important is its role in maintaining the trust of people detained. As such, you should read and understand Samphire’s confidentiality policy.

In summary, Samphire will keep all information given to its staff or volunteers within Samphire. This includes whether someone is a client of Samphire.

The only exceptions are:

1. If informed consent is given to disclose that information.2. If Samphire are ordered by a court to disclose the information.3. If disclosure of the information is required to prevent harm to our client or

someone else.

If at all possible consent should be signed on Samphire’s standard form. However, if this is not possible, then consent should be recorded in writing e.g. a note on the database following a phone call giving consent.

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Contacting people detainedIt’s sometimes hard to get in touch with detainees. They may not have phone credit, may just be having difficulties in their lives or they may not have phone signal. Given these challenges you should try all avenues of communication with them before stopping attempts to contact.

PhoneMost detainees have a mobile number which will be your primary means of communication. Use the Detention Support mobile to call them. If they don’t answer, send them a text message asking for a call back (there’s a message in the drafts folder of the mobile you can forward). The drafts folder has other standard texts that you may want to forward to save time.

If they don’t know their mobile it can be requested by dialling a number on their phone:

Lyca: *132# or 97# Lebara: *#100#

FaxIf you still can’t get in touch or have documents to send to a detainee, email a fax to their house/unit in Dover IRC, using fax.co.uk email.

Mark it for the attention of the detainee - including name, detention number and house. Fax cover sheets are in the Admin Folder of the Shared Drive.

PostYou can send a letter and include a stamped and addressed envelope to get a response. Make sure their name and house/wing is clear above the Dover IRC address.

Dover IRCThe CitadelWestern Heights DoverCT17 9DR

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Getting legal adviceDetention Duty Advice scheme (DDA) / Legal SurgeriesIf detained the only way to get an immigration lawyer which is funded by legal aid is through the detention centre. Law firms are contracted by the Home Office and allocated to specific centres. Only firms with a contract in Dover IRC are allowed to take on new legal aid funded immigration cases from Dover. This is called the ‘Detention Duty Advice’ scheme but everyone calls it the ‘Legal Surgeries’.

AVID circulate the legal surgeries rota every quarter, which will tell you which law firm goes to Dover when. These should be saved in the shared drive in Partners → Dover Detention Centre → DDA. Then make a shortcut of it on your desktop.

Getting a Legal Aid LawyerIf a detainee does not have a lawyer signpost them to the Welfare Office in Rye House who should give them an appointment. Welfare Officers are not trained to ‘gatekeep’ and should never say that there is no point in going for an appointment – only a lawyer should say that they can’t helped.

Note: Welfare officers often have the best of intentions in saying that there’s no point for someone to go to a legal appointment – many feel they are just managing someone’s expectations. However, they are not legally trained and some people don’t get legal advice as a result. You should always make sure someone’s got a legal opinion but that’s the minimum – lawyers may need encouragement from you to take more challenging cases.

Exceptions to the DDAIf someone is detained and already has a legal aid lawyer from before they can still keep them even if they don’t have a contract in centre – if the previous lawyer did a certain (large) amount of work on their case.

The DDA is limited to immigration work so does not included other types of case such as:

judicial reviews (often needed if someone has a ticket), welfare/asylum support issues, age disputes; or unlawful detention claims.

In these circumstances you can approach firms who are not on the Legal Surgery rota.

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Pro-bono immigration work can also be taken on by any immigration firm or legally accredited NGO as it’s not done on legal aid.

Private lawyersMany people detained choose to have a private lawyer who they pay for themselves. They often think that because they are paying for the service the lawyer is better than legal aid lawyers. In Samphire’s experience there are just as many bad private lawyers as legal aid ones. Private lawyers can also be smaller and so more difficult to make contact with.

Note: Many people pay for a private lawyer and then during their case run out of money – particularly when a judicial review is urgently required to cancel a ticket. Even if someone has a private lawyer make sure they are aware of the legal surgeries and how to sign up.

If you’re suspicious of a private lawyer you can search for them on the Law Society website to check they are qualified or check their disciplinary record on the Solicitors’ Regulatory Authority website.

Given legal aid cuts, fewer cases are funded by legal aid and private lawyers are often necessary.

What you should expect from a lawyerThe basic thingsThere are some very basic things that someone detained can expect from any lawyer they meet:

To know the name of the representative and the firm and have their contact details.

To know whether they are being represented for the bail and/or substantive case.

To know what is being done on their case. To be able to speak with adequate translation.

These simple things are very frequently not done. Any failure to do the above, should be followed up and a ‘Policy Point’ should be added on the Detention Support Database. Note down any failure even if pressure of time prevents you following it up now.

More complex problemsYou should get a second legal opinion if:

You feel a lawyer hasn’t taken a case they should have. You feel a lawyer has been negligent. You feel a lawyer has been unacceptably slow or poor at communicating.

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A system that encourages bad practiceFaced with increasingly tough immigration law some lawyers have internalised Home Office arguments. Much of Home Office practice is based on very plausible sounding letters for indefensible and often inhumane practices and it’s the job of an immigration lawyer to be critical of the Home Office case. Sadly, some lawyers fail to take this critical approach.

The high merits test under legal aid rules requires the lawyer to decide that a case is more likely to win than lose in order to take it forward – this puts the lawyer in the role of judge, not advocate. It systematically prevents legal aid for borderline cases – exactly those cases that can force a change in the interpretation of law. It also gives a busy lawyer excellent grounds for not taking a difficult case.

If a case is not taken on by a lawyerImmigration legislation and legal aid funding have been designed to deter lawyers from taking difficult immigration cases so one valuable role of the Detention Support caseworker is to encourage lawyers to take them on. We can also give publicity to those cases that are not taken on or which fail, but which highlight where the law has sadly deviated from commonly held morals.

Here are some things you can do:

Be prepared to ask a lawyer why they haven’t taken a case. Note inconsistencies in which cases are taken on by different lawyers –

this can be a good tool of persuasion. You can submit a written complaint to a law firm. Out of courtesy I always

tell the representative in question that I’m doing so – this often prompts action as well as being polite.

Consider referrals to other organizations that are free from legal aid restrictions.

Consider referral to the Public Law Project’s Exceptional Case Funding team if a lawyer says there’s no legal aid but you feel it’s a case that really should be taken forward.

Note: Trust your gut with legal advice problems. There’s a big grey area where a lawyer’s actions are technically defensible but they have not fought their client’s case sufficiently - complaint can still be possible, particularly if you have evidence of repeated problems. Other times a lawyer is correct but the law is wrong - in this case consider awareness or policy work as a response.

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People at risk of suicideDetention has consistently been shown to have a damaging impact on a person’s mental health and you will see constant evidence of this in your work. Depression and insomnia are widespread and there are regular self-harm and suicide attempts.

If someone talks about killing himselfDon’t be afraid to talk about suicide. If someone mentions suicide to you then they want to talk about it. You should encourage them to talk about how they’re feeling and try and find out if they are having serious thoughts of killing himself.Assessing the riskOne way to react when someone talks about suicide is to say “It really worries me when you talk about killing yourself” and ask a follow up question such as “how often do you feel that way?”

The reaction to this will often allow you to assess the risk. Some people say they didn’t mean it seriously and their demeanour supports that. For others it’s an opportunity to talk more and help you work out how great the risk of suicide is:

Ask them how they feel How often do they have suicidal thoughts? Is there a particular way they’ve thought of killing himself? – More

concrete plans indicate a greater risk Listen to them without judgement

Talking through sources of supportTelling people to look on the bright side or asking for a commitment to not harm themselves doesn’t help them find the support they need.

Ask them if there’s anyone they speak to or an activity they do that makes them feel better. You can suggest they call that person or do that activity when they feel stress or a desire to harm themselves.

Make sure they know they are not alone and you should tell them to contact Samphire if they feel this way. You can also give the contact number of a support organisation such as the Samaritans who support people at risk of suicide.

Try to stay in contact with the detainee and check in every few days. If you can’t get through then send them a fax asking them to contact us.

Contacting the detention centre about suicide riskFollowing this talk, if you feel there is a suicide risk then explain that you will have to tell the centre to get them help. Everyone we work with has been told of this exception to our duty of confidentiality but it is good practice to discuss this with them so they understand why we do so.

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Call the detention centre and speak to the duty officer at Dover IRC. If you can’t get through then you should mention it to another officer in the detention centre.

Say you want to say that the detainee has expressed suicidal intentions. Only give the details required to reduce the risk to the client.

If a visitor reports that they feel someone is suicidal Check in yourself with the detainee and assess the risk. Follow the procedure above. In the event you can’t contact the detainee then contact the duty officer

at Dover IRC.

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Torture survivorsHome Office guidance states that torture survivors should not be detained except in exceptional circumstances. However the safeguards in place do not work and Samphire regularly meets such people in detention. Pressure on time also means lawyers often don’t know that people have been tortured.

Identifying survivors of tortureWhen asking a detainee about their fear of return try to establish whether they have been tortured.

If you suspect someone is a survivor of torture then ask them if they have a rule 35 report, if they have, ask for a copy of the report and the response from the Home Office. If they have not had a rule 35 tell them to go to health care and ask for one.

The Rule 35 processIf healthcare suspect a detainee is a survivor of torture they should draft a report and send it to the Home Office for a response. If they find they are a survivor of torture then the detainee should be released.

In practice this process very rarely results in release. There is no independent assessment of the Rule 35 report, so the Home Office almost never accepts through this system that someone is a survivor of torture.

Scars should not be required to show torture as many forms of torture don’t leave physical marks. However, without extensive scarring the Home Office normally says that the doctor has just recounted what they’ve been told by the person detained and so the report does not constitute independent evidence of torture.

Where there is extensive scarring the Home Office will then normally say that the report doesn’t say that the scarring must have been caused by torture.

In short, the Rule 35 system is not designed to create reports that will satisfy Home Office caseworkers.

Note: Even though the Rule 35 system is ineffective, you should still make sure you signpost people to get these reports. The Rule 35 system at least keeps a record of where a doctor feels someone is a survivor of torture and Home Office failure to act on this information. Lawyers and other organisations will also request it if you refer a survivor of torture.

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Other uses of Rule 35 reportsA rule 35 report is not only used to assess the suitability of detention for detainees who may have been tortured but it can also be used for people with severe physical or mental health issues. Although there is inconsistent willingness to use Rule 35 reports for this purpose.

In September 2015, two 13 year olds were detained in Dover. Samphire discussed this with the Head of Welfare and Services at Dover and we said it was caused by a failure by the detention centre to question a damaging Home Office decision. In response he said the detention centre could not question a decision to detain. However, the Rule 35 process was proposed as a way to get round this and record a damaging decision to detain.

Getting an independent medical reportIf you feel someone is a survivor of torture and their Rule 35 report is refused you can discuss your concerns with their lawyer who may want to instruct an independent medical report.

You should make a referral to Medical Justice when someone has a Rule 35 report refused – and enclose with that referral the Rule 35 report and the Home Office response. Medical Justice can draft a medical report of the standard required by the legal process.

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People facing removal or deportationPeople in detention will talk about ‘getting a ticket’ which means being given Removal Directions or Deportation Arrangements with a date they will be sent to another country and it’s important when you meet a new client to check if they have been given a ticket.

Note: the word deportation technically only applies when people are removed because they’ve committed a crime. That crime can mean that they lose their leave to remain in the UK. For everyone else (for example if someone overstayed a visa or their asylum is refused) the correct term is removal or administrative removal.

Some people want to return, in which case you should just check with them whether they want any other help. However, most people do not want to be removed/deported and you should try and support them in preventing removal if possible.

As a first step, ask them to fax you a copy of the ticket.

Contacting their current lawyerIf they have a lawyer then make sure the lawyer has been faxed the ticket. Then get in contact with the lawyer and check whether they’ll be able to challenge the removal. Do this even if the lawyer has only been helping them with their bail case.

Signpost to the legal surgeriesIf they have no lawyer or the lawyer says they won’t be able to challenge the removal then you can signpost them to the welfare office for a new lawyer. Tell them to take the ticket and to ask for an urgent appointment. If this is unsuccessful then call the welfare office and ask them to give him an appointment.

However, time will sometimes not allow this or that lawyer may again refuse to take the case.

Getting a lawyer outside the legal surgeriesUnder the Legal Aid classifications cancelling tickets is a Public Law matter as well as an Immigration matter. This means that it is not bound by the immigration law monopoly of the legal surgeries – so any firm with a Public Law contract can take it on. Finding a new lawyer is most successful if you know a lawyer interested in that sort of case or if you’ve previously contacted that lawyer.

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Getting a lawyer to stop removal normally depends on the lawyer finding an arguable ground for them getting a right to stay in the UK - look through the section Casework 2 - Help with substantive case on page 29 for more information. Lawyers tend not to mind a last-minute panicked referral but try and do the preparation work, which includes gathering the relevant paperwork.

Note: It is very difficult to find a lawyer if someone has not been taken on through the legal surgeries. It can be easier to persuade their current lawyer – e.g. a lawyer currently only taking their bail case - to challenge removal even if they have previously said they won’t assist.

Providing emotional supportUnless someone already has a substantive legal case in process it is very challenging to stop removal. Sometimes there is nothing that you can do and you may just have to help them cope emotionally with their situation. If you do find that there’s nothing you can do:

You can encourage them to try and speak to anyone they know in the country to which they’re being removed, to try and prepare for return.

Hibiscus are in the welfare office twice a week and they can provide limited support for people on return and can occasionally help with logistical problems.

Note: While there are cases where nothing can be done, Samphire’s experience has taught us that what initially seems hopeless sometimes ends in success. In some cases we have been told by lawyers in very firm terms that there is no hope whatsoever for someone only for another lawyer to take the case and win. Be vigilant against a defeatist attitude to your clients’ cases.

Dublin removalsFor people facing removal under the Dublin Convention to European countries you can fax them the details of organisations in the country to which they’re travelling from Samphire’s Dublin booklet, or hand them a printout.

Rule 39 application for interim measuresIn cases where a client tells you he is being removed to death, torture, inhuman or degrading treatment a Rule 39 application can be made directly to the European Court of Human rights.

Anyone can file an application, including the client, a friend, or you. Even if the client's legal representative has filed an application for judicial review or injunction against the removal directions, you can submit a Rule 39.

See Right to Remain’s toolkit for more information about this.

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Casework 1 - Help make life easier in detentionGiving emotional support as a caseworkerA huge problem in detention is that there is no one truly on the side of people detained. Detainees will meet almost no one who will validate the sense of injustice they feel at their situation. This is despite the fact that our system of detention is inhumane and lacks even minimum independent safeguards to prevent its most damaging effects.

Home Office or Detention Centre staff would find it difficult to do their work if they faced up to the systemic problems in UK detention and so they will often find a reason to blame its victims. Meanwhile, legal training focusses on using the law rather than challenging it.

You are on the side of the person detained and you should empathise with them and recognise the problems in detention and in the immigration system.

However, you can’t and shouldn’t take the whole emotional burden of their situation. You should speak to your supervisor to make sure you maintain boundaries and use sources of support to prevent burnout.

Allocating visitorsVisitors can reduce isolation in detention. You should discuss the role of a visitor whenever you meet with a detainee for the first time and ask if they would like someone to visit them.

See Visitors section below.

Healthcare issuesIt can be really challenging to help detainees with their medical care when you are not medically trained. Your assistance (as with so much of our work) is equivalent to that of a concerned citizen and you should never provide a medical opinion. However, detainees should get care equivalent to that outside detention and you can help rectify particular problems through inquiries or complaints.

Contacting healthcareIntegrated Care 24 were commissioned by the NHS to provide healthcare in Dover detention centre. However, all of Samphire’s communication about healthcare has been through healthcare staff or through detention centre management.

Firstly, check that the detainee has first asked the healthcare centre about the problem. They should have been able to talk about their health problems in their own language and in private.

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The next step may be to contact healthcare directly. You should ensure the person detained has signed a consent form for Samphire to speak to healthcare. You should fax this consent to healthcare and call them to inquire.

Often speaking to someone in healthcare will highlight the problem or give it sufficient attention that it can be rectified.

Getting outside helpYou should try and get medical records before contacting another organisation. This will give a better picture of the health conditions and treatment given.

Medical Justice can be contacted to provide a medical opinion or for advice on how to approach a certain issue.

You can contact the IMB if you have particular concerns about someone’s situation. This can increase scrutiny of particularly big problems or help to obtain more information about someone’s situation.

Getting medical recordsThe healthcare lead told us that the ‘correct’ way to request medical records is to contact IC24’s head office with a cheque for £20 and it would then take a number of weeks to get the medical records. However, we’ve never used this cumbersome process and detainees and Samphire pay £10 for medical records.

Requesting medical recordsA detainee can just make an oral request for medical records and pay for it from their detention centre account. Detainees must request their FULL medical records explicitly, or they might just get a summary.

If psych evaluations are required (or any other special requests) this should be made out clearly in writing – so you can chase it.

We have a draft written request for medical records that detainees can take to healthcare, which states that Samphire will pay for the records. This can be handed or faxed to the person detained who can then give it to healthcare. By default healthcare records will start to be prepared when payment has cleared.

If the matter is urgent you may can contact the Healthcare Lead at Dover. You can say that we will pay for the records and request that they prepare them prior to payment.

Samphire paying for medical records£10 can be prohibitively expensive for a detainee to access their own data and Samphire pays for medical records if we are asked.

You should deliver to the detention centre gate a cheque for £10 payable to HM Prison Service. The cheque should be in an envelope addressed to the Cashier and you should also enclose a small note highlighting whose medical records you are paying for.

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When sending in a cheque you need to record this in an excel sheet that keeps a record of all the cheques we send.

ComplaintsFor more information read Biased and Unjust: The Immigration Detention Complaints Process (27 Aug 2014) which is in the guidance folder in Detention Support.

Phone cardsCalling cards are delivered monthly to everyone we are assisting.

See the Phone cards section on page 47.

SIM cardsThis is an area that is less important since 2014 when Dover IRC agreed to start providing Lyca and Lebara SIM cards. These networks have cheap international calls and are free Lyca to Lyca or Lebara to Lebara.

Prior to March 2014 Samphire could send a letter to reception asking them to register the card and then give it to the detainee.

In March 2014 we spoke to the Head of Operations at Dover IRC. He said we should first check how many SIM cards a detainee has before sending a new one. Then any new card should be sent to him and it would be forwarded to the detainee.

Included with the SIM card should be:

A covering letter to the Head of Operations explaining who is to get the SIM card and how many SIM cards they currently have.

Our standard form document in which they can fill out their new telephone number and fax it back to us.

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Casework 2 - Help with substantive caseA substantive case is the legal case through which someone fights for their right to remain in the UK. It is important that someone does all they can to get a lawyer representing them for this aspect of their case because an ongoing substantive case can stop removal and allow release. This is not always possible – particularly due to legal aid cuts.

There are many types of substantive case and ways people can get a right to remain in the UK:

As a refugee or beneficiary of humanitarian protection under the Refugee Convention and supporting European directives.

Based on the European Convention of Human Rights, for example for their family life

Based on European Economic Area (EEA) regulations providing for free movement

Based on being stateless

The Right to Remain ‘Campaigning Tool Kit’ http://righttoremain.org.uk/toolkit/ is a great place to get more information.

By the end of the first meeting with a detainee you should know:

Whether they have an outstanding case and if so what it is. If they have someone currently representing them. If they don’t have an outstanding case, have they taken legal advice?

General approachQuestions to askThe intake form provides a rough script for finding out how someone needs help. If you find out why they came here and how they ended up in detention that will generally tell you what sort of case they have. You’ll then ask further questions depending on the circumstances (see below).

Why did you leave your country? This will tell you if they were forced to leave and they may have an asylum claim or if they came voluntarily.

Do you have any fear of going back? Even if someone came voluntarily, they may still have an asylum claim and this question can find this out.

How were you detained? If someone was detained on arrival to the country they may be an asylum seeker facing a 3rd country removal (see below) while someone detained from prison is likely to be a deportation case.

Do you have a lawyer? The caseworker role is not a legal role and nearly all casework is done to try and get someone legal advice.

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Essential documentsIn order to help someone with their case you should try and get the following documents:

Monthly report – This is written by the Home Office caseworker and is a justification for detention. It’s useful as it gives an immigration history and hints at why they’re unable to remove the person.

Home Office refusal letters – This gives details of where someone’s immigration problems started.

Tribunal judgements - These are an essential part of someone’s immigration history and lawyers will have to see these to know if they can appeal or assist with a case.

Any ‘ticket’ – Removal directions say when someone will be removed and they also have a brief immigration factual summary.

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Asylum casesWhat to look out forA detainee fearing return to their ‘country of origin’ because they think they’ll be harmed there. There are a variety of legal definitions of those in need of protection but in the caseworker role there is little need to go into these technicalities.

This is the reason that our intake form asks for the reason that someone left their country. They may say “I fled”, “I escaped” or “I had a problem”.

Bear in mind that people may have more than one reason for leaving a country – so just because someone came as a student doesn’t mean they have no fear of return. This is particularly so given the ‘hostile environment’ being created in the UK under which people may be increasingly reluctant to claim asylum.

What questions to ask Do you have fingerprints in another European country? – If so, look at the

section Dublin III/3rd country cases, below. Why did you leave your country of origin? Who were you afraid of? Were you hurt physically? Did you try and get protection from the police? If not, why not? What do you think would happen if you returned? Have you claimed asylum? What is currently happening with your asylum case?

Documents to ask for Any identity documents from their home country. Any evidence showing their fear of return. The Home Office letter giving the Reasons for Refusal of an asylum claim. Any Tribunal Determinations or court judgements. Their monthly report.

What to tell them to do1. Ensure that they have a solicitor to whom they’ve shown all their

documents. 2. If not, they should go to the legal surgeries to ask for a solicitor – there is

Legal Aid for asylum claims.3. Ensure they have made or are making an asylum claim.4. Suggest they gather evidence as soon as possible backing up their

account of events.

What you should doAsylum cases are some of the highest-stake cases you will encounter. If someone is returned they may face death, serious injury or imprisonment.

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However, asylum is one of the few areas for which there is still legal aid. As such, asylum seekers are helped primarily through the legal surgeries. Caseworkers should primarily help communication with the legal surgery lawyers. Greater intervention may be required for those cases where a particular injustice has been done by a lawyer’s decision not to take a case.

Getting legal adviceYou should always direct someone with an asylum claim to get legal advice through legal surgeries as soon as possible and if there is not time to do so then contact one of the solicitors on the legal surgery rota directly, sending them all the documents you can get.

Given that there is legal aid for asylum claims, frequently the people you encounter in detention have already gone through the asylum appeal system. At this point their legal options may be more limited. However, they should still try and get legal representation at the legal surgeries. You should ask them to get the name and firm of the person they meet.

If someone is refused legal representation at the legal surgeries you should first contact the representative they met and ask for their reason for declining to represent. You can also contact another solicitor (enclosing all the documents you can get on the case) and ask them if they will take the case.

Claiming asylumIf a lawyer cannot advise a detainee who has a fear of return then you should tell the detainee to contact immigration directly and ask to claim asylum. If the person has a ticket then you should try and call the caseowner and follow up with a letter highlighting that someone is facing removal without the ability to claim asylum.

If someone is about to be removedSee People facing removal or deportation above.

Gay and lesbian asylum seekersUK Lesbian and Gay Immigration Group (UKLGIG) are a good source of advice or training. They also provide telephone support to detainees in Dover. They provide face-to-face support in London detention centres.

Raising awareness/policyIf you feel there has been an injustice that cannot be rectified by the means you have then this may be a case on which you want to raise awareness or highlight as a policy point. As a minimum you should enter a ‘Policy point’ on the database so that this will come up on any Policy Report prepared on the database. This could then guide future advocacy.

Someone may want a public campaign in their support. Samphire do not campaign but if requested you should refer to organisations that will help.

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You could also ask someone if they would like to tell their story which could be used to raise awareness. As a first step you can visit them in the visits hall and write down their story. You should get an awareness raising consent form signed so that you can use it and you should discuss the terms on which you would use the story – in particular anonymity.

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Dublin III/3rd country casesThose who claim asylum in the UK after they have been fingerprinted elsewhere in Europe may face removal to that 3rd country under the Dublin III Convention. This states that (in general) an asylum claim is decided in the European country in which an asylum seeker first arrived. This can normally only be stopped if the situation in the 3rd country for people returned breaches human rights.

What to look out forPeople who have a fear of return (see Asylum cases) whose claims have not yet been processed in the UK.

What questions to askIf anyone has a fear of return but their claim has not been processed in the UK you should ask if they have fingerprints in any European country.

You should ask about the asylum claim (see Asylum cases). In addition you should ask about the conditions in the country in which they were fingerprinted, in particular if they were physically harmed there.

You should also ask about any family in the UK and check whether they are under 18. These are other possible grounds for arguing the asylum claim should be heard in the UK.

Documents to ask for Any identity documents from their home country. Any evidence showing their fear of return. Their monthly report. Any documentation about their return to the 3rd country.

What to tell them to doIf someone has been tortured in their country of origin or the European country you should ensure they get a Rule 35 report. You should ask that they send this to you together with the Home Office response.

You should tell them to go to the legal surgeries for a lawyer.

What you should do

Encouraging a lawyer to take the caseYou should first have the full information about any vulnerabilities of the detainee and their experiences before coming to the UK.

At any one time, there are different prospects of success for people with fingerprints in different European countries. In an ideal world lawyers should be completely up-to-date with developments in case law for different European countries but Samphire have seen some lawyers who make blanket proclamations that countries are safe despite ongoing litigation. As such, you should discuss with different lawyers the current legal situation in different

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European countries – the public law department of Duncan Lewis is a good starting point.

You can use this information to point out any inconsistent behaviour by lawyers. You will also often have more information about someone’s history and vulnerabilities than their lawyer and you should highlight any such information when you contact a lawyer.

If someone is a survivor of torture you should contact the lawyer they saw and encourage them to challenge their detention – even if they are not taking the substantive case. Lawyers rarely challenge the detention of people going through the Dublin III process even though torture survivors should not be detained. See Casework 3 - Help getting out of detention.

Organisations that can assist on returnIf someone is facing imminent return to a European country then you can fax or give details of refugee assistance organisations in that country.

These organisations can be found in the “Dublin II booklet for detainees”.

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Under 18sUnder 18s should not be detained. To ensure this, age assessments should not be conducted within detention. However, the reality is that children under 18 are detained due to inappropriate use of another immigration power.

If a Chief Immigration Officer at the Home Office determines that there are serious grounds for considering that someone is significantly over 18 then they may detain them. This has resulted in a Chief Immigration Officer effectively operating as a substitute for the social services age assessment procedure. Samphire has seen people as young as 13 detained using this power.

What to look out for People who say they are under 18. The Detention Support database will

highlight if someone is under 18 or was detained when they were under 18.

People who look young.

What questions to ask What is your date of birth? Where is your family? How did they get into the country? Consider the possibility of human

trafficking.

Documents to ask for Any identity documents. Home Office documents relating to their assessment of his age.

What to tell them to do Ensure they go to the legal surgeries and tell the lawyer their age. Explain the Refugee Council procedure. Explain your role, the role of the

Refugee Council and explain that they may get a lawyer about the person’s age. It can be disorientating for a young person newly arrived to have so many people contacting them. Reducing that confusion will really help them.

What you should doIf they are unaccompanied then contact the Refugee Council’s Children’s Panel. Even for accompanied children, they can give advice on the process and how to assist minors.

It is a problem in itself every time a child is detained. You should add a ‘Policy Issue’ action to the Detention Support database every time this happens to ensure that advocacy can take place on this issue.

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European casesThere are two main reasons a European national might end up in detention facing removal/deportation.

Administrative removalIf an EEA national has been in the UK for longer than three months they must be exercising ‘treaty rights’ to have a right to stay here:

job seeking; working; self-employed; student; or self-sufficient.

If they are not exercising treaty rights the Home Office may try to remove them. After 5 years of exercising treaty rights they get permanent residence and different rules apply.

See Enforcement Instructions and Guidance (EIG) Chapter 50 ‘(EEA) EEA Administrative Removal’ on the Gov.uk website.

Deportation EEA nationals might face deportation in certain circumstances if they have committed criminal offences either in the UK or in another country. The length of time they have been in the UK and what they have been doing while they are here might impact on whether they can be deported.

What to look out for Are they from an EEA country? (see https://www.gov.uk/eu-eea) Do they have a right to an EEA nationality? Do they have a family member with EEA nationality?

The EU:AustriaBelgiumBulgaria CroatiaRepublic of CyprusCzech Republic

DenmarkEstoniaFinlandFranceGermanyGreeceHungary

IrelandItalyLatviaLithuaniaLuxembourgMaltaNetherlands

PolandPortugalRomaniaSlovakiaSloveniaSpainSweden

The countries in the EEA but not EU:Iceland Liechtenstein Norway

Switzerland Switzerland is not in the EEA or EU but their nationals have similar rights.

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What questions to ask How long have they been in the UK? What have they been doing while in the UK? Have they been job seeking,

working, studying, self-employed or self-sufficient? How long have they been doing any of the above? Has it been continuous? What if any criminal convictions do they have? How long do they have to appeal if decision has been made? (This is

important as there are strict time limits).

Documents to ask for Monthly report Home Office refusal letters Tribunal judgements Decision to Deport and/or Deportation Order (if criminal convictions) Documents which prove what they have been doing e.g. payslips,

education or HMRC records (it is unlikely they will have these in detention)

What to tell them to do Write chronology of what they have been doing since they arrived in the

UK. Collect evidence of what they have been doing in the UK e.g. payslips,

contracts, certificates (if someone has been working and paying taxes they can contact HMRC).

Note: The free movement rules for EEA nationals include easier administrative procedures, including that their passport is not stamped. This can then make their life more difficult if they are trying to prove their residence, so it helps a lot for them to gather all of their old documents.

What you should do Make sure they have gone to the legal surgeries first. They’re likely to be

told that they will not get legal aid but they should still get the name of the lawyer and firm they meet.

If they have a strong case you can encourage the lawyer to make an Exceptional Case Funding application or you should refer to the Public Law Project to do so.

Send (anonymised) details of case to EEA google group: eeadetn@googlegroups.com.

Try and refer to another legal provider. Note that there is not legal aid for immigration work in this area, so this may be difficult.

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Family casesIt’s really difficult working with people with family and very strong ties to the UK who are facing removal. Successive governments have deliberately made it harder to get justice under Article 8 of the European Convention of Human Rights (right to family and private life).

This has been done by:

changing the law to make it harder to enforce Article 8 rights; and removing legal aid so that people cannot get the law enforced in their

favour.

What this means is that Samphire regularly sees people who have lived in the UK for most (or all) of their lives or fathers who have been separated from their wife or children.

A common scenario is people who came as children dependent on their parents’ refugee claim. Trapped in poverty in bad neighbourhoods they (like British nationals around them) end up involved in petty crime. They then aren’t eligible to become British when their families do. If they get a year’s conviction at any time they face automatic deportation.

What to look out for Long residence in the UK Family in the UK

What questions to ask Have you made any immigration applications? Do you have a lawyer? Do you have any wife or partner? Do you have any children? How often do you see your children? Are you in contact with the children’s mother? Have you worked in the UK? Have you been involved in your community in any way?

Documents to ask for Monthly report Home Office refusal letters Tribunal judgements Decision to Deport and/or Deportation Order (if criminal convictions) Birth certificates of any family Marriage certificates Work or tax records Evidence of life in the UK

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What to tell them to do Gather all information about life in the UK. Make sure they have gone to the legal surgeries first. They’re likely to be

told that they will not get legal aid but they should still get the name of the lawyer and firm they meet.

What you should do If they have a strong case you can encourage a lawyer they’ve met to

make an Exceptional Case Funding application or you should refer to the Public Law Project to do so.

Try and refer to another legal provider. Note that there is not legal aid for immigration work in this area, so this may be difficult.

Consider policy or raising awareness about the case.

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Casework 3 - Help getting out of detentionBail and temporary admissionThere are two main ways a person can be released from detention:

Temporary admission - when the Home Office decides a detainee should be released.

Bail – when release is ordered by a tribunal judge.

Note – A bail case helps secure release from detention but does not address their long term right to remain in the UK. This is important as someone may say they have a lawyer but the lawyer may only be helping with bail.

If someone has been detained for some time without their lawyer making a bail application it is a good idea to contact the lawyer and find out why this has not happened.

Some detainees are turned away from the legal surgery because their substantive case is not covered by legal aid. This does not mean the lawyer could not have taken them on for bail. In this situation send the person back to the drop-in and make sure they say they would like support for bail (if they have limited or no English this can be written on a piece of paper and taken to the meeting with them).

To go for bail a detainee needs an address. They can get this by applying for Section 4 or using a private address (see section on ‘addresses’).

Note: The Legal Aid merits test and Section 4 address system described below prevent access to judicial oversight of their detention. This limit on access to the legal system is a serious policy issue and you should highlight any such cases.

Unlawful detentionAnother way that detention can be challenged is through an Unlawful Detention claim, through which damages can be won for unlawful detention. UK law currently allows very long periods of detention, so this sadly cannot help everyone harmed by detention.

One advantage of an unlawful detention claim is that not only is there legal aid for it but it can be pursued by firms with a Public Law legal aid contract. This means it is not restricted to the firms on the legal surgery rota.

Legal advice for bailPeople detained should be able to get legal aid funded advice for bail even if they are not able to get advice on their substantive case. As such, generally ask

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them to go to the Welfare Office and ask for a lawyer as a first step (reminding them to take down that lawyer’s name and company).

If they’re not able or unwilling to get a lawyer through the legal surgeries you can refer to:

Samphire legal adviser Bail for Immigration Detainees (BID) (refer to their family project if

detention has separated them from their children). College of Law

BID are able to give advice on how to apply for bail even if they are not able to represent.

Lawyer says it doesn’t pass merits testSometimes lawyers won’t represent for bail if it looks like it might be a tricky bail application. For example if there are no sureties or there is a criminal history. We have seen people who have been told this despite six months in detention with no bail application.

Effectively, the lack of legal advice has put a de facto minimum detention time on some people. This is self-perpetuating as harsh tribunal judgements sanctioning long detention periods result in lawyers declining to take cases which could challenge this tribunal practice. This also keeps this practice in the dark – preventing public awareness of this abuse.

We have had success in these cases by telling lawyers we’d be happy to refer to other legal providers or highlighting the issue to the Legal Aid Agency. This often results in the lawyer changing their mind and taking the case for bail.

AddressAn address is required in order to lodge a bail application. This can be a private address offered by family or friends or it can be a ‘section 4 address’. Difficulty in finding an address, particularly if a ‘section 4 address’ is required, can mean people have no opportunity to apply for bail.

Private addressIf someone says friends or family will accommodate them at a private address, it’s important that they are sure this doesn’t conflict with the terms of that person’s lease and that they have the consent of the landlord. The tribunal may refuse bail applications because the tenancy agreement of the accommodation is not provided.

Section 4(1)(c) addressThis is known as a ‘section 4 address’ because it is under section 4 of the Immigration and Asylum Act 1999 and it is provided where someone does not have access to a private address. Bail for Immigration Detainees have excellent resources on Section 4 (look at the Resources on their website, http://www.biduk.org/).

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The process of application1. Fill out form for a section 4 bail address – see gov.uk website and fax it

to section 42. Section 4 log the application and forward to the Home Office caseowner

who completes a risk assessment pro forma. Guidance states this should take 2 days (10 days if a new risk assessment is required).

3. Accommodation is requested from the accommodation providers. If the person can’t have the standard shared initial accommodation then the application often faces delays at this point (complex needs or criminal history).

4. An address is found. If the person isn’t on licence, a letter should be sent to the applicant informing him.

5. If the person is still under licence (released from prison before their sentence is completed) then probation approval is required. For people who have committed crimes then the delay can also be here. If it’s not approved then new accommodation may have to be requested (with probably more delays).

Types of section 4 accommodationDifferent sorts of s4 accommodation are sought by section 4, as decided by the applicant’s Home Office caseworker on the risk assessment pro forma (on the basis of e.g. criminal record or extra needs):

Initial accommodation (Level 1) Dispersal accommodation (Level 2) Bespoke or complex accommodation (Level 3)

Initial accommodation (IA) is shared-room hostel accommodation with single shared common space, used for the short term housing of a wide range of people, including families. To be given IA they must be deemed suitable to mix with people of all ages and genders.

People who aren’t suitable for IA are sent to dispersal accommodation, without first using IA.

The wait for dispersal/complex accommodation is far, far longer than for initial accommodation:

Expect to wait around 2 weeks for initial accommodation (BID study found it took an average of 9 days)

Expect to wait around 2 months for other accommodation (BID study found it took an average of 60 days if probation checks not required, 158 days where they are – see below)

Time limit on addressOnce Section 4 is granted the bail hearing must be within:

28 days for initial accommodation; and 14 days for dispersal or complex accommodation

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Once they receive their address they must give it to their lawyer asap!

Criminal cases - Licence/NOMS checkIf someone is within their period of licence (i.e. probation) or they are a Multi-agency Public Protection Arrangement (MAPPA) case then the National Offender Management Service (NOMS) must approve the address. If they are on the sexual offenders register then the accommodation will have to additionally be approved by the police. This adds layers of complexity and coordination between different caseworkers and the probation worker. There are many very long delays as a result.

Section 4 applications after releaseIf someone has been released to a private address they can make an application under section 4(1)(c) if that’s fallen through. Samphire’s Ex-Detainee Project may be able to assist.

ComplaintsIf someone has been waiting a long time for accommodation (say 1 month for initial accommodation or 3 months for dispersal accommodation) then you should complain to the Home Office.

Getting legal assistance challenging delays in Section 4Lawyers with a public law or a housing law legal aid contract can get cases publicly funded. This means that you can refer to lawyers outside the detention centre legal surgeries, normally those that also do unlawful detention. However, it’s worth pushing a detainee’s current immigration lawyer to see if they’ll take it on.

SuretiesRefer to Kent Refugee Help if anyone is in need of a surety. Give as much detail of the case as possible.

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VisitorsSamphire asks each new client if they would like a social visitor. It is good to be clear this is NOT someone who can help with their case. Often the role of a social visitor is misunderstood. Also do not raise expectations as sometimes a visitor cannot be provided straight away.

Add their name to waiting list. This is the excel spread sheet named ‘Visitor list’ in Detention Support folder at bottom. This is where the waiting list as well as the contact details of volunteers is kept.

Allocation of detainees to visitors When a volunteer is available contact the person on top of waiting list.

Check they would still like a visitor and explain the role of a visitor again. If they would like to be visited tell them the visitor will contact them

directly.

It is important to regularly look at the list of detainees so you can see how many detainees are waiting for a visitor. If the list is quite long, you should check who are the visitors ticked as “active” in the database but who do not have a detainee allocated. Email them and ask them if they would like to start visiting again.

Monitoring of visitors Visitors will send you follow up forms every month. Be flexible in this –

emails may be an easier way for visitors to keep you up to date. When a visitor stops visiting someone they should complete the questions

at the bottom of the follow up form. This can record whether they feel visiting has been beneficial.

Other ways to stay in touch with visitors Encourage visitors to keep in touch regularly or drop in to the office. This

will mean they will be more likely to contact you if they have any problems when visiting.

Support meetings should be held every two months. This allows peer support of visitors as well as ongoing training.

Code of conductThis outlines the rules visitors agree to abide by. The rules are designed to maintain trust with detainees and visitors. It also helps provide some boundaries to visitors.

A balance must be struck with visitors – they should keep themselves safe considering they are meeting someone they don’t know well. However, you don’t

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want to emphasise this risk such that it creates too much distance between visitor and detainee or it reinforces scaremongering often seen in the media.

Recruitment of new visitorsFollow the check-list form for new visitors.

Summary of process1. Initial contact2. Send available volunteer roles, blank application form and equal opps

form.3. Receive completed application form and equal opps form4. Add to general email list5. Schedule information and training session6. Contact again and discuss whether they would like to still visit/suitability

for visiting.7. Check references8. Add to visitor and volunteer email lists9. First visit

Stopping visitingFollow up procedures after people stop visiting 

1. Send evaluation survey to visitor.2. Check with detainee if/when he wants a new visitor and assign.

Policy on providing references1. We provide references on request, with as much detail and

recommendation as our experience of the volunteer allows. 2. Keep a running tally of references and save a copy of all references sent.

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Phone cardsAt the start of every month each client in Dover IRC is given a phone card so they can contact friends, family, organisations and solicitors. It also helps Samphire to check who is still in the centre as we can check our list of clients against the centre’s list of current detainees.

Preparation - In the office Print list of current clients by entering the data base - main menu –

detainee labels. Print double-sided on normal paper. This list will be to note down changes.

Print labels with client details the same as above but changing printer settings. Put blank labels in side tray of printer. Change printer settings so paper source is side tray and the finishing is one sided.

Fill envelopes with:o a phone card o a note explaining how to use the cardo EITHER a ‘post card’ on which detainees can write a message to us

and post it OR a ‘tick box’ form which is part of our monitoring and is sent every quarter.

At the centre Go to the Visitor Centre (building outside main gate) in the afternoon and

ask at the window for the most recent A to Z (directory of people detained). This may be the one from the day before. It’s open 1.45-4pm but it’s normally best to go later as the guards may be miffed you’re taking the A-Z at the busy time. You can show your ID card and say you’re from Samphire, the visitor group.

Check the list of clients on the printed list against the A to Z. Check the detainees details are correct: name, detention number and unit/house. Edit details as appropriate on the paper copy list of clients and cross out if not there. This list is filed back in the office for monitoring.

House/Unit is shown by a reference letter:o A: Hastingso B: Sandwicho C: Romneyo D: Dealo E: Ryeo S: Hythe/Segregation

If they are not on the A to Z they are not in the centre anymore (remember you may have accidentally written the first and second name in the wrong order when you wrote their name – or there may just be a Home Office mistake).

Transfer the information from the sheet onto the labels and put the labels on the envelopes for people who are still there. Seal the envelopes and hand in at reception desk. Give back the A to Z.

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Monitoring – back in the office Shred what remains of the sheet of sticky labels. Count the number of people given phone cards from the paper list. Mark

front page of paper list with date and total number given out. File in blue folder in office titled ‘Detention – PHONE CARDS’.

Log numbers of phone cards given out on excel spread sheet ‘detention support stats’ found on server in ‘Detention Support’ in ‘Monitoring’ folder.

Amend the database using the information on the paper sheet of names.

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Policy issuesRecording on the databaseRecording Policy IssuesIf something has happened that you think is particularly bad then you should record this as a Policy Issue on the database. It might be one minor problem that might be an issue if it’s repeated or it might be so awful that it is unacceptable in itself – by recording it you avoid it being lost as time goes on. Put a bit of a summary of the problem in that action.

Retrieving Policy IssuesOccasionally you might want to look at recent problems in detention. This may be because you have a meeting with the detention centre or because the Prisons Inspectorate or the press has contacted you.

Go into Main Menu and Reports and put in the Start and End date. Then select Policy as the Relevant Action and click Relevant Actions List. This will list all of the Policy Issues and the text written for the action.

Other policy pointsOnce you identify a significant Policy Issue from the database (or if it doesn’t relate to just one client) then create a folder in the Policy folder of Detention Support on the Server.

Then save all further information that comes in about that policy issue in that folder.

How you might want to act on or raise a policy point Contact the person involved or their supervisor e.g. if it’s a problem with a

lawyer or someone low down in the detention centre. Sometimes once you highlight a problem they’ll swiftly recognise their mistake and act quickly.

Raise the issue in a meeting with Detention Centre management. Note: this is only useful for issues for which they accept responsibility. They take no responsibility for the decision to detain.

Raise the issue with a Government department. This has a far lower chance of success as we are not a large charity.

Highlight it to a broader network as together with other groups you may be able to have a greater impact.

For intractable issues then public support may be required to achieve change. As such, you may want to contact the press or write a blog post.

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MonitoringWe monitor our work in a variety of different ways:

Through our database which can give statistics based on what you’ve inputted

Paper feedback and forms from people detained. This is delivered into a locked box we have upstairs in the Education Building. The feedback can then be collected at our weekly drop-in sessions.

Spreadsheets on which we enter data. Paper records we hold.

Reporting to the Board of TrusteesIf you look in Management in the Detention Support folder you’ll find our Committee Reports. The reports from January 2014 to October 2015 are based around collecting all our monitoring in one place to then help any funding applications or reports that we do. This could then also be read by the trustees as part of their oversight function.

Work in detentionWho we assistGo into the database and go the Main Menu and Reports.

Put the report period Start and End dates and select as Relevant Detainees ‘Detainees Assisted’. Then click Relevant Detainees – Statistics. This will give a summary of who we have assisted in that period. It’s based on the date detained and date left Dover (which is an imperfect system).

What we’ve doneGo into the database and go the Main Menu and Reports.

Put the report period Start and End dates and select Actions in Range. Then click Relevant Actions Statistics. This will record how many of each different sort of action we’ve done (including our successes etc.).

Particular successes or case studiesIf you’ve had a particular success then you can add that as an action to a client’s database entry. These actions start ‘Samphire Success…” Put a bit of a summary of what you’ve done in that action. For really important cases then you can put a Case Study.

When it comes to report you can go into Main Menu and Reports and put in the Start and End date. Then select Successes as the Relevant Action but this time click the Relevant Actions List. This will list all of the successes and the text written for the action.

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Equal opportunities (detainees)We should give everyone we help an equal opportunities form which they can post into the box upstairs in the education building.

When you pick it up from the box then date stamp it and file it in the detainee equal opportunities folder.

Detainee feedbackPost cardsWith our phone cards, and also sometimes in meetings we give people one of our feedback post-cards. On these they write any message they want about Samphire (or anything else). They then post it in the box in Education. If ever we lose access to that box, we can give them stamped addressed envelopes.

Date stamp these post cards and scan and place in the relevant folder of the Monitoring folder of Detention Support. There’s a binder for the hard copies.

Tick boxesEvery three months when phone cards are given out Samphire asks for a more detailed feedback. The process is the same as above but instead of the plain ‘feedback’ forms we give out in the envelopes a monitoring form called ‘tick boxes’. This asks less about our work and more about the impact of detention.

Date stamp these post cards and scan and place in the relevant folder of the Monitoring folder of Detention Support. There’s a binder for the hard copies.

Phone surveysAs of October 2015 we don’t collect feedback by telephone. However, this might be a better way of collecting information than cards returned. If this is done you may want to recruit some volunteers to call all people Samphire are in contact with in detention, perhaps every quarter.

This method would avoid the loss of trust that detainees may have in us as a result of the box we have in the Education building. It may also help reach people who do not write in English (bearing in mind some people may be more comfortable writing than speaking in English). It will also have a higher response rate.

Phone cardsWhen you deliver a batch of phone cards then add the number in the Detention Support stats spreadsheet.

VolunteersRecording on volunteers is far behind that for detainees and is largely paper-based.

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RecruitmentWe have intake forms tracking the recruitment process and application forms.

TrainingMake sure you get them to sign an attendance sheet and file this.

ReferencesRecord when you give a volunteer a reference.

Equal opportunitiesWhen these are received date stamp them and file them.

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New StaffSet up an email account

Give a personalised IT induction sheet

Add to relevant Google groups EEA detention group (eeadetn) Refugee Legal Group Exceptional Case Funding

Reading Copy of Samphire policies Detention Support manual. Read initial sections. Later sections are for

reference. Chapter 55 of Home Office EIG

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