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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

Gabriel

PreviousBaoNextWhat can visitors do

Last updated 24 days ago

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Gabriel was born in Brazil and had been visited by Antonio in prison for many months. He regularly expressed worries about his safety if he were returned to Brazil and also volunteered information about his criminal convictions which were related to the supply of illegal drugs. Gabriel had known for a long time that at the end of his sentence the Home Office planned to deport him. But he had not known if there was anything he could do about this as his legal representative at that time only experience of the criminal justice system.

As time progressed, Gabriel said he was finding it hard to sleep, didn’t feel hungry and was having regular thoughts about hurting himself. Antonio explained to Gabriel that he was concerned about him and that he would like to discuss this with his group co-ordinator for advice, reminding him of their earlier conversations and that he would only share confidential information without Gabriel’s agreement if he was worried about harm to himself or others. Gabriel agreed and Antonino spoke to his group co-ordinator and they spoke to Gabriel to explain that they were worried about whether he was safe in detention and so were going to write to the healthcare department to set out their worries. Antonio reminded Gabriel that this was something they had spoken about earlier in their visits and explained that he would not be sharing any other information without Gabriel’s agreement. He also talked to Gabriel about other sources of support, and the local group increased their contact with him.

As Gabriel was in prison, Antonio knew he could not request a Rule 35 appointment from the GP practicing there. Instead, he was able to contact local solicitors that provided legal aid advice (referring to a list of legal aid providers provided by the prison and ) explaining that Gabriel was held under immigration powers and so needed legal advice about this rather than prison for criminal issues. Antonio was able to find a legal representative who could gather evidence about the impact of detention on him and so work to secure his release, as well as to complete other legal work to resolve his immigration position.

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