Give Information

Visitors are allowed to give basic or generic information to a person in detention, sometimes called signposting, without any requirement for OISC accreditation (you can find more information about OISC in Who can give immigration legal advice?). Visitors fulfil a hugely important role by contributing at this level. Unqualified or non-accredited visitors may provide general information “upon which a person can act or [signpost] a person onto an appropriate advice provider”.

Increasingly there is more and better information, including self-help information, available for people in detention, and visitors can ensure that this information gets to them. Internet access is still unreasonably restricted in detention, and prohibited in prisons, meaning that information available online may need to be made available in a hard copy and handed to a person detained under immigration, custody and prison officers, and IRC and prison libraries.

Visitors groups can also publish and distribute their own leaflets and other printed information, as this does not count as ‘advice given to an individual’. The OISC advises that all material is checked by a competent body or individual to ensure accuracy. You can check with AVID if you are not sure about this.

Advice not regulated by OISC includes advice given on actions against detention management companies, or the Home Office, in relation to conditions of detention.

The OISC appreciates the difference between advice and information. It has provided AVID with the example of a visitor who explained to a person in detention the appeal form they had to complete, as the person in question had insufficient English to complete the form. Explaining to them that they had to submit the form within 10 days, as this is stated on the form, would not constitute advice-giving in the view of the OISC, it is merely stating what is written on the form. Advice on how to complete the form, however, is different, and if an unqualified or non-accredited visitor were to do this it could constitute legal advice.

There are some grey areas. The OISC has contributed the following section to illustrate what constitutes ‘advice giving’ under OISC regulations. Even where advice is not regulated it is still important to proceed with caution and speak with your co-ordinator before giving advice in an area that you are not experienced in. Giving incorrect advice can still cause harm even if it is not legal advice and some of the examples should be referred to members of your visitor group with casework experience. You can also contact AVID for further support.

Activity	Is this ‘advice-giving’?	May a visitor do this?
Referring a person detained under immigration powers to other agencies, including legal agencies	NO, provided the visitor does not assess the merits of the case in order to decide whether they should be represented elsewhere; and bearing in mind that welfare/medical referrals are outside the scheme regulating immigration advice in any event. However, a visitor is more likely to be able to persuade an advisor to take the case if she or he can succinctly summarise the case and present any particular merit in taking the case forward.	YES
Advising a person detained under immigration powers that they should call their legal advisor	This is encouraged. It does not amount to advice giving, but is signposting, which the OISC encourages.	YES
Asking the person detained whether they understand the next step in the legal procedure	MAYBE If the person detained under immigration powers replies that they do not understand their current situation, then it is best to direct them towards their legal representative. This may require a telephone call or letter by the visitor to say “Ms X who I visit does not understand ….Would you please call or write to them”. This does not amount to advice giving.	IT DEPENDS
Calling a legal advisor for information and feeding that back to the person detained	MAYBE If the question is: “Mr Y wants to know when her appeal is listed” and the answer is “Next Tuesday”, then relaying that information to Mr Y would not amount to giving advice. If the question is: “Mr Y wants to know whether he is eligible for a bail application. Please tell me and I will tell him”, the answer may be complex and may require additional questions to be asked and answered. This situation requires discussion of the case, and the visitor should avoid being a substitute legal advisor. Better in this case to suggest that Mr Y contacts his legal advisor, or ask the advisor to contact Mr Y and explain adequately the merits or not of lodging an application for bail at that point.	IT DEPENDS
Asking and advising the a person detained under immigration powers whether they have a good lawyer and helping to find another one if they do not	NO	YES
Questions involving removal or other immigration procedures (e.g. discussing options with a person detained under immigration powers on whether to make a Human Rights Appeal)	YES Every aspect of this question would amount to advice-giving within the meaning of the regulations. All of these issues are complex and ought not to be addressed by visitors.	NO
Helping a person in detention to fill in the fact finding sections of the BID ‘How to get out of detention’ self-help guide	NO The self-help guide is for collection of information only, which will be sent to a legal representative in order to assist in making a bail application. Helping someone to complete the fact finding section of the notebook does not constitute advice giving. Questions on the document should be referred to the legal representative and not answered by the visitor.	YES so long as the visitor does not answer the questions on the form.
Supporting someone to make an initial application for Exceptional Case Funding by explaining which forms need to be filled out and helping to complete these forms	NO, applications for Exceptional Case Funding are outside of "relevant matters"	YES
Helping to complete Bail 401 or B1 application forms	YES ‘immigration bail’ is a relevant matter and so this requires regulated advice.	NO
Supporting someone to apply for Home Office accommodation (see Bail addresses and Home Office accommodation) by supporting them to fill out the relevant forms	MAYBE. Whilst applications for accommodation are outside of the ‘relevant matters' the bail 409 form (for Schedule 10 support) includes a question on bail conditions (which is a relevant matter).	YES so long as this guidance is followed from Refugee Action for unregulated caseworkers when completed bail 409 forms.