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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

Bao

James had been visiting Bao, a taciturn 64-year-old Vietnamese man in an IRC for some months. At each meeting it had been difficult to generate a two-way conversation with him and Bao made limited eye contact. He also kept asking the same questions about getting out of prison and did not seem to be able to answer when James asked factual questions such as whether he had a lawyer, friends in the UK or how he spent his time in the IRC. He generally would appear quite unkempt and over time seemed to attend meetings with a guard who had to remind him where to meet James. He seemed to be becoming louder when he did speak and more tearful at these meetings. James discussed his worries about Bao with his group co-ordinator and they agreed he would increase the number of visits and write a short summary after each meeting.

Surprisingly, when James went to the IRC for a planned visit with Bao, he was not there. A guard said that Bao had been placed “in the seg” which the guard explained was also called the care and separate unit because he had been shouting at others when in the corridor. James contacted his group co-ordinator and they wrote to the IMB and contacted the vicar working at the IRC. The IMB said they were aware of the situation and had expressed concern to the centre manager. The vicar had a longer call with James and said he had recently visited Bao who seemed really upset and the room was barely furnished.

James spoke to AVID and Medical Justice for further advice and made a note of his calls explaining how he had found Bao and the worries of the vicar who had recently seen him. Medical Justice arranged for an urgent medico-legal assessment with a GP who completed a cognitive assessment of Bao, with an interpreter. This indicated Bao had early onset dementia and lacked capacity to instruct a legal representative. This was enough evidence for a specialist legal firm to become involved who were able to secure Bao’s release from detention and access to supported care in the community.

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Last updated 24 days ago

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