Detention Operating Standards
The Operating Standards were set out by the Home Office in 2002 for those companies contracted to manage Immigration Removal Centres. The preface to the Standards states that they were developed out of the Detention Centre Rules (2001), and were intended to improve performance and compliance, and ensure consistency across the detention estate. Contracts between the Home Office and IRC contractors are not publicly available so the Operating Standards are the only clue to what provision is expected [1].
Under each heading, the Standard and an accompanying set of Minimum Auditable Requirements are laid out. For example, under ‘Arrangements for Expenditure’ the standard is “To provide arrangements under which detained persons may spend their money. Goods available must reflect the age, gender and cultural needs of a diverse population”. The Minimum Auditable Requirements are:
The Centre must provide arrangements under which detainees can either use a shop within the centre or take delivery of purchased goods by other means. If goods purchased are not available on the same day, they should be available no later than the next day unless the establishment has to order them specifically from an external source.
The stock must include toiletries, tobacco products, phone cards, snacks, drinks, writing materials and postage stamps.
In contracted out centres the contract monitor must approve prices charged.
The Centre must display clear details of the prices of goods for the information of detainees.
The Centre must advise detainees that they are able to suggest items for purchase.
Gross profits generated through shop sales must be made available for the benefit of detainees.
For the purpose of expenditure within the centre, a service must be provided to exchange foreign currency for pounds sterling at market rates and at no charge to detainees.
The Centre must operate systems and controls to ensure propriety and to facilitate audit processes.
Detainees must be able to purchase international phone cards for use in the centre.
The Communication Standard is that “Detainees must be allowed to maintain contact with family, friends and others without restrictions other than that necessary on grounds of security and safety (Rule 26)”. One of the Auditable Requirements for this standard is that “The Centre must maintain up-to-date lists of local befriending groups and contact details of the Association of Visitors to Immigration Detainees (AVID) and ensure that detainees are aware of their services.” However, the Communication standard makes no reference to internet access, and this absence of a requirement has likely contributed to the fact of inadequate access to the internet for people in detention in IRCs for many years.
Although the preface to the Operating Standards promises regular reviews this has not happened, and the Operating Standards are now very out of date.
1. Note however that in 2015 the Information Commissioner ruled in favour of a complainant who challenged the refusal by the Home Office to disclose self-audit reports prepared by the contractors running two IRCs. The Home Office withheld this information under the exemptions provided by sections 41(1) (information provided in confidence) and 43(2) (prejudice to commercial interests) of the FOIA. Available at https://ico.org.uk/media/action-weve-taken/decision-notices/2015/1431905/fs_50557400.pdf
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