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AVID Visitor Handbook
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  • Welcome
  • Introduction
    • About AVID
    • About this Handbook
  • Getting started as a visitor
    • Introduction
      • Why Visit People in Detention
      • The Role of a Visitor
      • Joining a visitor group
    • Practicalities of visiting
      • Models of visiting
      • Booking a social visit
      • What to expect on arrival
      • What to expect in a visiting room
      • What to expect in prisons
      • How do people in detention find out about visitors?
    • Visiting Skills
      • Being worthy of trust
      • Empathetic listening
      • Demonstrating independence
      • Boundaries and safeguarding
    • What issues might someone raise and what can I do?
    • Step-by-step: Before, during and after a visit
    • Find a visitor group
    • Useful organisations
    • Visitor wellbeing
  • Who can be detained
    • Introduction
    • Who, Why, When
    • Decisions to Detain
    • Lawfulness of Detention
    • People considered unsuitable for detention
    • Demographics
  • Immigration Detention in the UK: Essential Legislation, Policy and Guidance
    • Introduction
    • Essential Immigration and Asylum Law for Visitors
      • UK legislation on asylum and detention
      • International Framework
      • Claiming asylum in the UK
      • Post Brexit Changes
    • Detention Policy and Guidance
      • Overview and Sources
      • Detention General Instructions
      • Detention Centre and Short-Term Holding Facility Rules
      • Detention Operating Standards
      • Detention Service Orders
      • Prison Service Instructions & Probation Orders
      • Home Office Policy and Guidance
      • What can visitors do?
  • Immigration detention in the prison estate
    • Introduction
    • Legal Framework
    • Why are people detained in the prison estate?
    • History of the use of prisons to detain people held under immigration powers
    • Additional layers of disadvantage
    • Criticisms on the use of Prison for Immigration Detention and Further Reading
    • Organisations offering legal advice & practical help in prisons
  • Legal Advice and Representation
    • Introduction
    • Legal Advice and Representation
      • Why do people in detention need legal advice?
      • What is legal aid and what does it cover?
      • Who can give immigration legal advice?
      • The Legal Aid Agency Detention Duty Advice Scheme in IRCs
      • How do I know if a solicitor is doing a good job?
    • What can visitors do?
      • Finding a legal advisor
      • Finding a legal advisor for a person detained under immigration powers in the prison estate
      • Notify a legal representative that their detained client has been moved to another IRC
      • Help a person in detention to understand what they can reasonably expect of their lawyer
      • Give Information
      • Visitors and legal advisors: constructive relationships
      • Help if there are problems with the current legal representative
      • Acting as a McKenzie Friend
  • Safeguards
    • Introduction
    • Harms of detention: what safeguarding concerns do visitors come across in detention?
      • Deteriorating mental health
      • Worsening of pre-existing health needs
      • Trauma and mental health conditions that are common in detention
      • Failures in continuity of care
      • Mistreatment and abuse
      • Disbelief
      • Suicidal thoughts and self-harm
      • Survivors of torture, human trafficking and modern slavery
      • People who lack decision-making capacity
      • Age disputed children
    • Policy and practice
      • Adults at Risk Policy (AAR)
        • Background to the Adults at Risk Policy
        • Ongoing Criticisms and Developments
        • Present position of the AAR and oversight
      • Healthcare screening, assessment and monitoring
        • Healthcare safeguarding reports: Rule 35 and Rule 32
        • Challenges and concerns about reporting under Rules 32/35
        • Key Points for Visitors
      • The ACDT System
        • Challenges and concerns
      • Use of Segregation
        • Challenges and concerns
      • National Referral Mechanism
        • Challenges and concerns
      • The Mental Capacity Act 2005
        • Challenges and concerns
      • Age Assessments
        • Challenges and concerns
    • A series of case studies
      • Dawit
      • Ali
      • Drita
      • Bao
      • Gabriel
    • What can visitors do
      • Safeguarding Principles
      • Emotional support through empathetic and active listening
      • Worried about someone’s deteriorating mental and physical health
      • Access to Medical Information
      • Support after release
    • Looking after your own wellbeing
    • Useful Organisations
  • Getting out of detention
    • Introduction
    • Immigration Bail Overview
      • Secretary of State Bail
      • Immigration Tribunal Bail
    • Bail addresses and Home Office accommodation
    • Offering financial condition supporters/sureties
    • Refusal of bail and further bail applications
    • Bail with or without a legal advisor
    • Bail for people detained in the prison estate
    • Mandatory electronic monitoring for those facing deportation
    • Bail and removal directions
    • What can visitors do?
    • Life after release
  • Removal, Return, and Deportation
    • Introduction
    • Definitions
    • Being ‘liable to removal’ or ‘liable to deportation’ and Notices
    • Third Country Removals
    • Deportation
    • Getting on the plane
    • Assisted Voluntary Returns Schemes
    • Family Returns Process
    • Consequences of being removed or deported for return to the UK
    • What can visitors do?
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  1. Safeguards
  2. A series of case studies

Ali

Ali was born in Syria and came to the UK via a small boat crossing the Channel, aged 22. Prior to leaving Syria he had experienced a number of traumatic situations involving violence against his family and being held in prison where he was subject to physical abuse.

Ali did not anticipate that he could be placed in detention in the UK but was taken immediately into an IRC. At the detention centre he met a nurse, with an interpreter, within two hours, but was disorientated both by the surprise of detention and also the stress of the Channel crossing. He found it difficult to understand the questions. Ali did attend a Rule 34 appointment with a GP within 24 hours and was able to disclose some of his experience of ill-treatment in Syria but was not asked about his mental health. A Rule 35(3) report was completed but not a Rule 35(1) report, so he was assessed as a level 2 adult at risk under the AAR policy and was not released.

Ali did not use the offer of a 30-minute meeting with a legal representative. He then remained in detention and had some contact with healthcare staff, making appointments for headaches and insomnia. There were no more checks of his mental health and no further reports to the Home Office about his risk level. At this time Ali was also experiencing flashbacks and periods of disassociation as the IRC environment regularly triggered reminders of his previous ill-treatment in prison in Syria. He did not feel able to discuss this with anyone as he feared that he was becoming mentally unwell and felt ashamed of this.

Ali started being visited by Paul. After several meetings he was able to explain that he was struggling with being in detention, finding it hard to sleep, was feeling worried all the time and was unable to eat. He also showed him a copy of his Rule 35(3) report. Paul did not discuss the time in Syria as Ali did not volunteer this information but the summary in the Rule 35(3) report gave him some understanding of Ali’s experiences. Paul talked to Ali about whether he would feel comfortable with him helping him to access copies of his medical records and Ali agreed. Paul could then see medical appointments showing the discussion of insomnia and lack of mental health assessment. He was worried that there had been no assessment of Ali’s response to detention which seemed surprising as he had discussed some highly traumatic experiences with the GP and Paul could also see that he was finding it very hard to be in detention.

The combination of the Rule 35(3) report and medical records made Paul think that a Medical Justice referral would be appropriate. He discussed this possibility with Ali who agreed to him contacting the charity and sharing his paperwork. In the meantime, Paul suggested that Ali should ask to see a doctor for a ‘Rule 35’ assessment and wrote down a short note to help Ali explain the type of appointment for when he went to the healthcare department. However, when Ali tried this he was told that there were no slots for an appointment for some weeks.

After the referral to Medical Justice, Medical Justice’s casework team contacted Ali and arranged for an assessment by a doctor. This led to a diagnosis that he was suffering from post-traumatic stress disorder and clinical depression and gave a clear summary of the risks of continued detention. After this Ali continued to have contact with both Medical Justice’s caseworker and Paul which led to a referral to a legal representative, who was then able to secure his release.

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