All Articles: Adults at Risk policy

On 21 October 2021 the Home Office published the Independent Chief Inspector of Borders and Immigration’s (ICIBI) second annual inspection of the Adults at Risk policy, alongside its response. The report itself is an impressive piece of work and provides comprehensive information about the current state of immigration detention and...

28th October 2021
BY Jed Pennington

The judgment of the Court of Appeal in MR (Pakistan) v Secretary of State for Justice & Others [2021] EWCA Civ 541 marks a major step forward in the battle over the use of immigration detention in prisons. The court has decided that the absence of a Rule 35 procedure...

19th April 2021
BY Alex Schymyck

The Home Secretary has laid a new draft of the Adults at Risk statutory guidance before Parliament. The new version marks a significant change in how trafficking victims fit within the policy framework for detaining vulnerable people. At present, the Home Office has a policy of releasing people from immigration...

6th April 2021
BY Alex Schymyck

After the Hardial Singh principles, the Adults at Risk policy is the most important source of law for securing the release of people from immigration detention. It provides a detailed framework for assessing the vulnerability of detainees and balancing vulnerability against the timetable for removal, the risk of absconding and...

5th August 2020
BY Alex Schymyck

David Bolt, the Independent Chief Inspector of Borders and Immigration, has published his first report into the operation of the Adults at Risk policy. It makes fascinating reading for anyone involved in helping vulnerable adults secure release from detention. The report is balanced and objective, but also highly critical of...

30th April 2020
BY Alex Schymyck

The High Court has refused to extend key safeguards under the Adults at Risk policy to immigration detainees held in prisons. In MR (Pakistan) & Anor v Secretary of State for Justice & Ors [2019] EWHC 3567 (Admin), Mr Justice Supperstone decided that healthcare protections for vulnerable detainees on the...

8th January 2020
BY Larry Lock

The High Court has decided that rule 35(2) of the Detention Centre Rules is not unlawful, despite acknowledging the overwhelming evidence that it has failed to protect the welfare of detainees who are at risk of suicide. In R (IS (Bangladesh)) v Secretary of State for the Home Department [2019]...

18th October 2019
BY Alex Schymyck

The Home Affairs Select Committee inquiry into immigration detention has released its report which strongly censures “every part of the immigration detention system”. The inquiry was initially triggered in response to the BBC’s ‘Panorama’ programme which uncovered shocking abuse in Brook House immigration removal centre. Preceded by two reports from...

25th March 2019
BY Rudy Schulkind

Today the government published a follow-up report by Stephen Shaw on its progress in implementing his 2016 recommendations on detaining vulnerable people. The Home Secretary, Sajid Javid, also announced a series of reforms including a pilot of mandatory bail hearings after two months. The original Shaw Review, back in 2016, had...

24th July 2018
BY CJ McKinney

Short and sweet is the best way to describe the High Court’s decision in BS v Secretary of State for the Home Department [2018] EWHC 454 (Admin). It comes as a useful reminder that whether detention is “reasonable” depends on all the circumstances of the case. In particular, the risk of a...

19th March 2018
BY Bilaal Shabbir
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