Present position of the AAR and oversight

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Present position of the AAR and oversight

The current came into force on 21st May 2024. Regrettably, the present AAR policy represents a substantial change from the original since it has been significantly watered down in the following ways:

The purpose and principles which underpin the policy no longer state the intention is a reduction in the number of vulnerable people detained and that, where detention is necessary, it will be for the shortest period possible. It instead places the policy within the context of tackling “illegal” migration and section 12 of the Illegal Migration Act (that detention is for the period the Secretary of State considers necessary for removal to take place) stating "there is no exemption from detention for any category of vulnerable person within this guidance".
In making an assessment against immigration factors, it removes the presumption that, once an individual is regarded as being at risk, they should not be detained. The updated guidance simply states that immigration and risk factors should be balanced.
It strengthens the weight of “credibility concerns” from courts, tribunals or other sources to state that this should (previously the wording was “may”) be taken into account to decide the evidence level. This takes away the ability to reconsider previous judgements due to, for example, new evidence being submitted.
It removes, from the indicators of risks, that victims of torture "with a completed Medico Legal Report from reputable providers will be regarded as meeting level 3 evidence, provided the report meets the required standards". Instead, it introduces new options for the Home Office to obtain a second professional opinion from a Home Office contracted doctor where professional external evidence has been submitted.
It states that people will “normally” (previously the wording was "will") be considered at a particular evidence level where they meet the relevant criteria making the policy more vague and more easily misused.

In a positive step it changes the use of “transexual” to the more inclusive term “transgender” in indicators of risk.

Overall, the result of these changes is likely to be that more people who are particularly vulnerable to harm in detention are detained and for longer periods.

A further reduction in the transparency of Home Office decision making and procedures continues due to the cancellation of the ICBI annual reviews of AAR. This represents a serious lack of understanding about how AAR is operating as there is no other external mechanism able to access Home Office data in this way.

Potential changes to AAR

AAR is presently the subject of a consultation by the Home Office published in March 2025. This is expected to be finalised by the end of the year. AVID along with our members and other partners have contributed to this consultation process.

Future Watch

Look out for the end of the Home Office consultation process to see whether there are changes to AAR and healthcare’s role in screening and reporting on vulnerability.

Look out for whether the newly appointed ICBI recommences reviews of the Adults at Risk policy.

PreviousOngoing Criticisms and Developments NextHealthcare screening, assessment and monitoring

Last updated 1 day ago

Was this helpful?

The current came into force on 21st May 2024. Regrettably, the present AAR policy represents a substantial change from the original since it has been significantly watered down in the following ways:

The purpose and principles which underpin the policy no longer state the intention is a reduction in the number of vulnerable people detained and that, where detention is necessary, it will be for the shortest period possible. It instead places the policy within the context of tackling “illegal” migration and section 12 of the Illegal Migration Act (that detention is for the period the Secretary of State considers necessary for removal to take place) stating "there is no exemption from detention for any category of vulnerable person within this guidance".
In making an assessment against immigration factors, it removes the presumption that, once an individual is regarded as being at risk, they should not be detained. The updated guidance simply states that immigration and risk factors should be balanced.
It strengthens the weight of “credibility concerns” from courts, tribunals or other sources to state that this should (previously the wording was “may”) be taken into account to decide the evidence level. This takes away the ability to reconsider previous judgements due to, for example, new evidence being submitted.
It removes, from the indicators of risks, that victims of torture "with a completed Medico Legal Report from reputable providers will be regarded as meeting level 3 evidence, provided the report meets the required standards". Instead, it introduces new options for the Home Office to obtain a second professional opinion from a Home Office contracted doctor where professional external evidence has been submitted.
It states that people will “normally” (previously the wording was "will") be considered at a particular evidence level where they meet the relevant criteria making the policy more vague and more easily misused.

In a positive step it changes the use of “transexual” to the more inclusive term “transgender” in indicators of risk.

Overall, the result of these changes is likely to be that more people who are particularly vulnerable to harm in detention are detained and for longer periods.

Potential changes to AAR

Future Watch

Look out for the end of the Home Office consultation process to see whether there are changes to AAR and healthcare’s role in screening and reporting on vulnerability.

Look out for whether the newly appointed ICBI recommences reviews of the Adults at Risk policy.