Morton Hall IRC

Incidents of self-harm, assaults and altercations are a concern and the nature of detention leaves men unable to know with any degree of certainty what will happen to them and when.

We are concerned that some people remain in detention for too long a time.

We were concerned that gymnasium facilities and the faith centre remained closed at Morton Hall even during a period when such facilities were open in the community and, at least in the case of the gym, in other IRCs.

We are concerned at continued delays in releasing detainees where a judge has awarded bail but where release is held up because of difficulties in the Home Office and the National Probation Service finding and checking suitable addresses.

We are concerned that this creates an anomaly with a disincentive to engage in education activities as opposed to participation in paid activities.

We consider this rate [£1 per hour for cleaning] to be low and below a level that is fair and decent. It is a concern that we have raised in last year’s report... We are disappointed that there does not appear to have been any progress on reviewing this level by the Home Office since our last report.

We are disappointed that we continue to find evidence that such breakdowns and delays [in Amey's response to kitchen equipment breakdowns] remain a problem.

We remain concerned that a proportion of arrivals from IRCs continue to be at night. Given that the furthest IRC to Morton Hall is probably Dungavel in Scotland, a straight five-hour drive away plus breaks, we do not accept there is an operational need for night moves between IRCs.

We are concerned that, in some instances, professional evidence is such that it is judged that a period of detention is likely to cause harm (level 3 adults at risk), yet such men sometimes remain in detention. It continues to be a concern that in some cases it is taking a number of months [for release].

Recommendation 1

The COVID-19 pandemic led to a dramatic reduction in the number of people held in immigration detention. We hope that an evaluation of the risks and rewards of this reduction in numbers is carried out with a view to it leading to a permanent reduction in the use of detention.

Other (minister) Detention Policy

Recommendation 2 Repeated Prev. addressed

COVID-19 measures have also seen detention being largely restricted to TSFNOs with others being released. In the past we have expressed concern about the housing of detainees with criminal backgrounds alongside detainees with no such background. We are pleased to see this is largely no longer the case but hope it can become something that is backed by deliberate policy intent rather than just a temporary outcome of the response to COVID-19. The experience of the last nine months appears to show that it is surely possible.

Other (minister) Detainee Segregation

Recommendation 3

Greater efforts should be made by the Home Office to reduce the number of people coming into detention from prison. Better use should be made of the time in prison to resolve their immigration cases, thus minimising the need for immigration detention in the first place.

Other (minister) Detention Reduction

Recommendation 4

During 2021, Morton Hall IRC is to close and convert to a foreign national offender (FNO) prison. We are pleased to learn that a Home Office immigration team will be located at the prison with a view to resolving immigration cases. We recommend that preventing the need for time in detention at the end of sentences should be a key measure of success for the Home Office.

Other (minister) Resettlement

Recommendation 5

During much of 2020, while in Command Mode and following instructions from HMPPS Gold Command, facilities such as the gymnasium and the place of worship were unable to be reopened at a time when such facilities were reopened in privately-operated IRCs and in the wider community. We understand the caution in relaxing restrictions given the potential higher risk of infection spread in places of detention but would question whether a limited and carefully managed reopening of the gym and multi-faith centre would have added to this risk, given the strict precautions that were planned for such reopening. These facilities are important for wellbeing and we recommend that this risk calculation is reviewed as part of any ‘lessons learnt’ review.

Other (minister) Regime

Recommendation 6

We would ask that cross-agency arrangements between the Home Office and the Probation Service in finding and checking suitable addresses for detainee releases into the community are speeded up so that bail releases and those of detainees classified as being at a high ‘adult at risk’ level are effected more quickly and delays avoided.

Other (minister) Resettlement

Recommendation 7

We note that, unlike in prisons, education in IRCs is not counted as a ‘purposeful activity’ for the purposes of pay. We are concerned that this creates an anomaly with a disincentive to engage in education activities as opposed to participation in paid activities. Given the positive impact of education on overall behavioural good order, individual wellbeing and future work opportunities we recommend the Home Office adopts the same approach to pay in IRCs as followed in prisons, namely all those who are employed in work, induction, education or training should receive at least the minimum weekly rate of pay (as per para 2.3.1, Prison Service Order 4460, Prisoners’ Pay, reissue date 27 January 2020).

Home Office Education; Purposeful Activity; Pay

Recommendation 8 Repeated Prev. unaddressed

The COVID-19 pandemic has highlighted the importance of good hygiene and cleanliness for public health. Much of the cleaning in the detention centre is undertaken by detainees and remunerated as a ‘paid activity’. But it is paid at a rate of just £1 per hour. Notwithstanding that the activity is voluntary and detainees do not have to pay for food or accommodation, we consider this rate to be low and below a level that is fair and decent. It is a concern that we have raised in last year’s report. We understand that the pay rate is set by the Home Office, and it has remained at this low level since 2008. We recommend that it is reviewed upwards to a fair and decent level.

Home Office Pay

Recommendation 9 Repeated

Following on from previous recommendations we would request that the Home Office consider the balance of investment in provision between detention and community provision to achieve a more effective balance that minimises the use of detention and avoids delays in releases from detention, particularly for adults at risk from detention.

Home Office Detention Policy; Resettlement

Recommendation 10 Repeated Prev. unaddressed

In last year’s report, we were concerned at the number of detainees moved to Morton Hall at night, and were particularly concerned that operational convenience seemed to be given as the reason for some of these transports. We remain concerned that a proportion of arrivals from IRCs continue to be at night. Given that the furthest IRC to Morton Hall is probably Dungavel in Scotland, a straight five-hour drive away plus breaks, we do not accept there is an operational need for night moves between IRCs and recommend they are ended.

Governor / Director Detainee Transfer