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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

Dawit

Dawit was born in Ethiopia and has been living in the UK for several years where he sought asylum and went through lengthy legal proceedings relating to this, before they ended with him being refused refugee status. Whilst in Ethiopia Dawit experienced violence but at the end of his case the Tribunal Judge decided that Dawit would be safe if he returned there.

Dawit had regular visits with Pat, whilst he was awaiting removal. Pat noticed that he was becoming increasingly withdrawn and seemed to be losing weight. Initially, Dawit said that he found the food to be “horrible” and hard to eat, but over time he spoke more and explained he was finding detention to be really stressful. He could not stop thinking about his time in Ethiopia. The memories of his time there were really strong and kept waking him up at night. Pat explained about a process called Rule 35 which would allow him to speak to a doctor about how he was feeling in detention. She explained that there can be delays in getting an appointment.

With this information Dawit asked about a “Rule 35” appointment. He was seen by a GP who made a record of his experiences in Ethiopia in a Rule 35(3) report and also completed a Rule 35(1) report. To complete this process the GP undertook a mental health assessment which showed that Dawit was experiencing depression and had some symptoms of post-traumatic stress disorder. Her opinion was that Dawit’s mental health symptoms could increase as he remained in detention. On their next visit, Dawit asked Pat when he could expect to hear from the Home Office. Pat explained that the Home Office must review this information by the end of the second working day after receiving the report and that he should receive a written response then, with the caveat that the policy is not always followed and there can be delays. Pat also asked whether Dawit has spoken to his solicitor about his Rule 35 report. He said that he hadn’t and Pat suggested that it was a good idea to discuss this, explaining that it could support his application for release. Dawit’s Rule 35 report was then successfully used by Dawit’s legal representative to obtain his release.

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