Guidance

Risk Assessment and Placement of Individuals in the Immigration Removal Estate (accessible)

Updated 10 October 2024

Detention Services Order 10/2024

Document Details

Process: To provide instructions on the process for completing a risk assessment and the considerations required before placing an individual in an immigration detention facility, including the placement of Foreign National Offenders (FNOs) detained under immigration powers in prisons.

Implementation Date: 10/2024

Review Date: 10/2026 Version: 1

Contains Mandatory Instructions

For Action: Home Office staff and contracted service providers operating in immigration removal centres (IRCs), Gatwick pre-departure accommodation (PDA) and residential short-term holding facilities (RSTHFs), Detention Services Detainee Escorting and Population Management Unit (DEPMU) staff and escort supplier staff. This instruction is also applicable to Border Force (BF) staff looking to place an individual in the immigration removal estate (centres stated above) from a port (contracted out or directly managed facility).

For Information: For the purpose of information only this DSO includes relevant mandatory actions for Home Office immigration responsible caseworkers and the Detention Gatekeeper (DGK) that may impact staff working in centres.

Author and Unit: Akash Shourie, Corporate Operations and Oversight Team

Owner: Michelle Smith, Head of Detention Operations

Contact Point: Osbourne Hodges, David Judge, Detainee Escorting and Population Management Unit (DEPMU)

Processes Affected: This Detention Services Order (DSO) sets out instructions on the use of the risk assessment system to inform the placement of detained individuals in the immigration removal estate, including consideration of the placement of (Time-Served) Foreign National Offenders (TSFNO/ FNOs) from a prison establishment to an IRC or RSTHF.

Assumptions: All staff will have the necessary knowledge to follow the procedures set out in this DSO.

Notes: This DSO replaces DSO 03/2016.

Instruction

Introduction

1. This Detention Services Order (DSO) sets out instructions on the DEPMU Risk Assessment process, and the process for determining the most suitable place of detention for an individual. For TSFNOs this includes additional considerations required to determine whether this should be within a prison or the Home Office immigration removal estate. The DEPMU risk assessment is in place to safeguard the immigration removal estate and ensure the safety and security of the individual (including their health and welfare needs), other residents, all staff and members of the public.

2. For the purpose of this guidance, ‘centre’ refers to IRC, RSTHF and the Gatwick PDA.

3. This instruction does not apply to non-residential STHFs or Residential Holding Rooms (RHRs).

4. Two different Home Office teams currently operate in IRCs:

• Detention Services Compliance team (Compliance team)
• Immigration Enforcement Detention Engagement team (DET)

5. The Compliance team are responsible for all on-site commercial and contract monitoring work. The DETs interact with detained individuals face-to-face on behalf of responsible officers within the IRCs. They focus on communicating and engaging with people detained at IRCs, serving paperwork on behalf of caseworkers and helping them to understand their cases and detention.

6. There are no DETs at RSTHFs, or the Gatwick PDA. Some of the functions which are the responsibility of the DET in IRCs, are instead carried out by the contracted service provider and overseen by the International and Returns Services (IRS) Escorting Contract Monitoring Team (ECMT) in RSTHFs. In the Gatwick PDA, the role of detained individual engagement is covered by the local Compliance Team.

7. All staff working with detained individuals should ensure they are familiar with all relevant signposted DSOs, throughout this guidance, and the associated supplementary DSO Awareness Sessions.

Purpose

8. The purpose of this DSO is to ensure that all staff working within the Home Office immigration removal estate understand:

• DEPMU’s responsibility for completing a risk assessment and determining the most suitable place for an individual to be detained. For TSFNOs, this includes consideration of whether this should be within a prison or the Home Office immigration removal estate.
• The role all staff play in identifying an individual’s risk of harm factors and/ or vulnerability indicators, in addition to completing, reviewing, sharing, and storing of risk assessments.

Policy

9. The processes set out in this DSO take place after a decision has been made that the detention of an individual is appropriate in line with published Home Office detention policy, including the Adults at Risk in Immigration Detention policy. Guidance provided in DSO 08/2016 ‘Management of Adults at Risk in Immigration Detention’, sets out instructions on the care and management of adults at risk in detention.

10. The DEPMU Risk Assessment process makes use of forms IS91RA Part A and IS91RA Part C.

11. The criteria (although not exhaustive) for determining whether a TSFNO should be detained in a prison or in the Home Office immigration removal estate are set out in Detention general instructions.

12. The DEPMU Risk Assessment process and determination of the most suitable place for an individual to be detained, is based on the detained individual’s known vulnerabilities and risk of harm factors. It is, therefore, essential that referring officers and the Detention Gatekeeper (DGK) provide information on all known vulnerabilities and risk factors to DEPMU in each individual case, to ensure individuals are appropriately placed and managed within the immigration removal estate.

13. The presence of risk of harm factors and/or vulnerability indicators do not in themselves preclude detention. They may, however, mean that an individual needs to be managed in a particular way once detained and/or requires careful placement in the immigration removal estate to manage or mitigate the risks identified.

Prison Accommodation

14. His Majesty’s Prison and Probation Service (HMPPS) and the Home Office have a Service Level Agreement (SLA) governing the provision of bed spaces within prisons in England and Wales. Under that agreement, HMPPS make a number of bed spaces available for use by the Home Office to hold people under immigration powers. The expectation is that these beds will primarily be used for TSFNOs who are assessed as unsuitable for detention within the immigration removal estate.

It is for the Home Office to determine how these bed spaces are utilised. Some examples may include (this list is not exhaustive):

• Detained individuals who have not previously been held in prison custody under sentence or under remand if their behaviour becomes such that they are assessed under the Protocol referral framework (refer to the SLA) as no longer being suitable to be detained within the immigration removal estate subject to prison capacity, DS Compliance input and DEPMU considerations/risk assessment.
• Former TSFNOs, released into the community and later detained under immigration powers only if unsuitable for an IRC, or
• TSFNOs transferred from Scottish or Northern Irish prison, who are identified as being a risk to National Security or high risk (escape / behaviour / critical or severe incident).
• TSFNOs risk assessed as suitable for long-term detention within an IRC, who are awaiting transfer into the immigration removal estate as soon as reasonably and operationally practicable.

15. The Northern Irish Prison Service (NIPS) and Scottish Prison Service (SPS) provide temporary, short-term places in prisons for the Home Office to hold individuals in immigration detention pending their transfer to a STHF or IRC. TSFNOs in SPS and NIPS will normally be transferred to an appropriate IRC as soon as practicable after completion of their sentence, where continued detention is appropriate excluding exceptionally those identified as being high risk or a risk to National Security. In some cases, with the agreement of the SPS or NIPS, individuals can remain in prison for a short time to allow for any delay in transfers (as specified in the paragraph above).

Procedures

Routes into the immigration removal estate

16. An individual can enter the immigration removal estate through detention referrals received and approved by the DGK from across the Migration and Borders system. Some examples, though not exhaustive, include:

• Border Force
• Immigration Compliance and Enforcement (ICE)
• Reporting Offender Management (ROM) Teams
• UKVI Intake Unit
• Foreign National Offender Returns Command - TSFNOs may be transferred from prison to an IRC or RSTHF on completion of their custodial sentence, or before the end of their sentence (FNOs) for a short period of time for the purpose of removal under the Early Release Scheme (ERS), or to facilitate case progression actions (such as interviews or documentation exercises).

The role of the Detention Gatekeeper (DGK)

17. The DGK work independently of both referring operational teams and detained casework teams, to ensure individuals only enter immigration detention where detention is for a lawful purpose and is considered to be a proportionate measure on the facts of the case. The team provides an independent and consistent application of the Home Office’s general detention and Adults at Risk in Immigration Detention policies.

18. All cases (with the exception of family cases which include minors) must be referred to the DGK. The detaining officer or case owner must make the referral providing details of any risk factors, including relevant criminal convictions, medical conditions and vulnerabilities. Note that in order to comply with UK GDPR^{[footnote 1]} data protection principles, only information which is relevant to the purposes set out above should be shared, and correspondence containing sensitive information must only be shared with those who need to be made aware of it, with appropriate protective markings. DEPMU will not complete a risk assessment until DGK approval has been received.

19. The DGK operates between 0700-2100hrs Monday to Friday and between 0700-1900hrs at weekends and public holidays. Out of hours referrals are handled by DEPMU supported by the on-call DGK SEO.

DEPMU Risk Assessment Process

Detention from the Community

20. For those entering detention from the community, the referral (see para 15) to the Detention Gatekeeper must be undertaken by the detaining officer.

21. For a planned operation or visit, when it is anticipated detention may be required, checks must be done as far in advance as possible. These checks may also include the DGK pre-verification process if appropriate. Depending on the route into detention, these checks will be completed by either ICE, BF or the responsible caseworker and will identify risks such as criminal convictions, medical issues and other vulnerabilities which should be taken into consideration when determining whether detaining an individual is appropriate. This information is also relevant to the DEPMU Risk Assessment process, and will assist in identifying the most suitable location to support individual needs. TSFNOs detained from the community may have a previous completed risk assessment. Home Office systems and, where appropriate, local contracted service provider records should be checked to establish if information from previous risk assessments is available and whether it remains relevant when considering where the individual should be located.

22. When requesting a detention bed, the detaining officer will notify DEPMU of all known risk factors using the IS91RA part A form and record this appropriately on Atlas. In cases where the individual may have specific accommodation requirements, it is important that the risk is made clear on the IS91RA part A and that DEPMU are made aware at the earliest opportunity. DEPMU must notify centre staff, including contracted service providers of any relevant risk factors using the movement order (MO). DEPMU cannot allocate detention until the risk factors have been notified. The IS91RA part C: Supplementary Information form should be completed and forwarded to DEPMU for any subsequent notification in escalation or reduction to risk factors, to enable DEPMU to decide if the person’s current detention location remains appropriate.

23. It is the responsibility of all staff working in centres to monitor detained individuals and report changes to a detained individual’s risk of harm and/or vulnerabilities to the responsible case worker. This information must be recorded on an IS91 RA Part C and sent to DEPMU, the local Compliance team and Detention Engagement Team (DET). The DET team will then forward the IS91RA Part C by email to the relevant dedicated casework generic inbox. Where appropriate, centre staff and Healthcare staff must jointly undertake a new risk assessment of the detained individual within 24 hours of arrival at a place of detention. This information should be recorded on the room sharing risk assessment, as set out in DSO 12/2012 ‘Room sharing risk assessment’. In line with the procedures in place for all detained individuals (see DSO 12/2012 ‘Room Sharing Risk Assessment’, DSO 06/2016 ‘Care and Management of Women’ , DSO 02/2016 ‘Care and Management of Lesbian, Gay and Bisexual Detained individuals, and DSO Adults at Risk’ all staff, both Home Office and contracted service provider, must ensure that any specific risks are considered when undertaking the induction process and/or the room sharing risk assessment.

24. The responsible caseworker must then review existing risk assessments to ensure that the detention accommodation allocated remains appropriate and DEPMU will consider whether the centre can still manage the needs of the individual.

25. Factors taken into consideration in allocating detention accommodation are set out in the table below. This list is not exhaustive.

Factors to be taken into consideration	Examples
Medical	Medical needs/conditions (suffering from a serious physical health condition, illness or disability) Medication Individuals who lack capacity from mental impairment or have a mental health condition. (DSO 4/2020, “Mental vulnerability and immigration detention: non- clinical guidance”, provides instruction on how to identify and refer for assessment and support) Individuals suffering from PTSD
Other vulnerabilities	Other vulnerabilities that engage the Adults at Risk policy (see DSO 08/2016 Management of Adults at Risk in Immigration Detention), including: - Victim of torture, sexual or gender-based violence, human trafficking or modern slavery - Pregnant women -Individuals aged 70 or over - Transgender or intersex detained individuals (see DSO 11/2012) - Whether the individual is or has been on an Assessment Care in Detention and Teamwork (ACDT or an Assessment Care in Custody Teamwork (ACCT) whilst in prison.
Criminal	Criminal activity (For MAPPA offences refer to DSO 20/2012 MAPPA).
Operational	Initial detention location Escape risks and other security risk factors Previous detention history in other detained environments (including risk to those in detention / staff there) Family Placement Escort Service Provider resource and specialist requirements for escorted moves (medic, vehicle). Bed availability Case Progression (needs to be in IRC for interviews, screenings, hearings, appeals, documentation exercise, or removal) Intake restrictions following PHE / Healthcare guidance e.g., management of disease or pandemic risks

Vulnerability Considerations

26. Where an individual engages the Adults at Risk in Immigration Detention policy, DEPMU will identify the most appropriate IRC to ensure they can access appropriate care, subject to the available detained accommodation. DEPMU will utilise individual criteria from each centre, to identify the most suitable placement to accommodate an individual when complex medical risks or vulnerabilities have been identified. DEPMU will liaise with the receiving centre and its healthcare team as appropriate, to confirm whether the centre is appropriately resourced to meet the individual’s specific needs. Where DEPMU are advised in advance of a detention, this will be done prior to that planned detention or, where not-pre-notified, DEPMU will conduct this on day of referral.

27. Individuals returning to the immigration removal estate from an external healthcare setting, should normally be returned to the IRC from which they were originally transferred. Where this is not possible DEPMU should communicate this fact to the responsible caseworker, DET, Healthcare and contracted service provider to ensure this is made clear to relevant contacts in the mental health setting. A multi-disciplinary meeting (or teleconference if a physical meeting is not possible due to time constraints), must be arranged by the local DET team to agree a plan to safely receive the individual. This should also include those who had transferred to a secure mental health setting from a RSTHF.

FNO detention from the prison estate

28. Where detention of a TSFNO under immigration powers on completion of their custodial sentence has been authorised by the DGK, DEPMU are responsible for assessing the detained individual’s suitability for transfer from prison to the immigration removal estate. DEPMU procedures are primarily focused on the needs and requirements of the detained individual and will take into account any known risks and where planned case progression is taking place.

29. DEPMU will conduct a careful and timely risk assessment of the suitability of all TSFNOs to transfer from prison to the immigration removal estate; where possible, DEPMU must complete risk assessments up to two weeks in advance of an individual’s custodial sentence end date, or as close to this date as possible, to allow for the logistical planning of setting transfers into the IRC estate for those risk assessed as suitable. DEPMU must undertake a case-specific assessment for each individual with consideration given to a range of factors, including the index offence, the sentence length of the index offence, the offending history (including any overseas convictions if known), custodial behaviour (and previous behaviour within the immigration removal estate if relevant), as well as any needs relating to medical issues, other vulnerabilities or care plans (including both existing open and post closure ACCTs). Consideration is also given to whether the individual presents specific risk factors as set out in the published Home Office Detention: General Instructions guidance, that indicates that they pose serious current risk of harm; including to the safety of staff, to members of the public, to themselves and other residents, which cannot be managed within the regime operated in IRCs/STHFs in line with the Detention Centre Rules 2001 or Short-Term Holding Facility Rules 2018.

30. DEPMU must also consider information contained within Home Office (Atlas) and prison systems (for HMPPS these include P-NOMIS and Mercury) and ensure relevant stakeholders and specialists such as Prison Healthcare teams, FNO Returns Command (FNORC) and HMPPS are also consulted as part of the risk assessment process, where necessary. Healthcare teams will require a medical consent form before releasing medical information, the consent form, bearing the details of the healthcare team concerned, should be sent to the Prison Offender Management Unit / Custody Office or FNORC Immigration Prison Team (IPT) in order to obtain this information. Where consent is received, a medical questionnaire should be emailed to the relevant healthcare team for completion. The risk assessor should make regular contact with the appropriate stakeholders to ensure relevant information is obtained in a timely manner.

31. DEPMU must update Atlas with the full risk assessment, including any subsequent reviews. All relevant risk factors must be input onto Person Alerts on Atlas and kept up to date as necessary when reviews are conducted. This ensures all relevant risks are shared on the Movement Order (MO) which is sent to the escort supplier and receiving centre when a transfer takes place.

32. There are only two available outcomes following a DEPMU risk assessment: suitable or unsuitable for detention in an IRC. Should more detail be required to assess fully, the assessment will be placed as ‘pending’. More detail is provided on why an individual may be assessed as unsuitable in paragraph 39.

Individuals assessed as suitable for an IRC

33. When an individual has been risk assessed as suitable to transfer to the immigration removal estate, DEPMU will make a decision on which centre the individual is to transfer to; individual circumstances identified on referral to the DGK and during the risk assessment process will determine the most suitable location. There are a range of operational factors that will also be considered when determining where an individual should be located within the immigration removal estate. These are set out in the table at paragraph 25.

34. Requests can be submitted to transfer an individual from prison to a centre within the immigration removal estate. These are made via email, usually from an individual’s legal representative, the responsible caseworker, FNORC IPT or HMPPS. On receipt of the request, DEPMU will review the risk assessment and a response will be provided in writing informing the requestor of the risk assessment outcome. For those risk assessed as unsuitable to transfer to a centre, a refusal justification will be provided.

35. TSFNOs who have been risk assessed as suitable for transfer to an IRC will remain in prison accommodation pending their transfer; they will be placed on a waiting list, operated by DEPMU, and transfers to the HO removal estate will take place as soon as reasonably and operationally practicable.

36. All TSFNO individuals risk assessed as suitable to transfer from a prison to the immigration removal estate will have a final suitability check completed 24 hours prior to their transfer. This ensures that the individual remains suitable 24 hours prior to their scheduled move and if they are deemed unsuitable for transfer following this check, their intended transfer will be cancelled. This check also ensures that any new risk information (e.g., newly opened ACCT/ACDT, additional alerts or minor adjudications/behaviour incident) can be identified and relayed to the escort service provider / receiving centre via an updated MO. This is to ensure that all contracted service providers have the most up-to-date and comprehensive picture of a transferring individual’s needs/risks.

37. If additional risks are identified during completion of the 24-hour review, which mean that transfer to an IRC/STHF is no longer considered suitable, DEPMU risk assessor will request the cancellation of the transfer and record the updated risk assessment on Atlas (including updating the Atlas person Alerts). Should DEPMU identify any additional risks, which do not overturn the suitability decision but require noting in the risk assessment, they must: record this on Atlas person alerts; update the MO and notify the relevant contracted service provider.

38. In order to risk assess TSFNO individuals held in SPS and NIPS establishments for transfer to the immigration removal estate, DEPMU must email a proforma to the appropriate prison; this will be emailed shortly before an individual is considered for transfer. This proforma captures all relevant risk factors and health information that would normally be reviewed as part of the risk assessment of those in a HMPPS establishment and must be completed by prison staff in line with personal data sharing agreements, which also outlines timescales for the provision of information. In accordance with the 24-hour check process outlined above, the risk assessor will email the appropriate NIPS or SPS establishment 24-hours prior to the individual’s scheduled move to check if any of the information provided previously about the individual has changed. Prison staff must respond within 24 hours via email, as detailed in the data sharing agreements, to confirm whether there are any changes to the individual’s risk information. Any new risks will be updated on Atlas by the DEPMU risk assessor, and the DEPMU Referrals team will be notified to update and re-circulate the MO.

Individuals assessed as unsuitable for an IRC

39. DEPMU can refuse to accept an individual into the immigration removal estate for long term placement if the risk assessment has deemed them unsuitable for detention within a centre. Full risk assessments, including justification for a refusal, are recorded on Atlas. DEPMU will provide a written response informing the outcome to the requestor of the risk assessment (see paragraph 31 for the requestor details). DEPMU will keep a record of all completed risk assessments and statistics will be available for production.

40. There are a number of reasons why an individual may be risk assessed as unsuitable to transfer to a centre from the prison estate. It is important when assessing an individual’s suitability that consideration is given to the risk factors set out in the Detention general instructions - determining the criteria for detention in a prison (it should be noted, however, that these risk factors are not exhaustive), and evidence contained within the Home Office and Prison systems. Individuals must be assessed on a case-by-case basis.

41. Given the changing nature of risks and vulnerabilities, there may be circumstances where an individual who might have initially been risk assessed as unsuitable, may be deemed suitable to transfer on review. The circumstances of detained individuals risk assessed as unsuitable for the immigration removal estate will continue to be regularly reviewed, as set out in paragraph 42.

42. Those considered unsuitable for transfer to an IRC will remain in prison accommodation.

43. A person considered unsuitable for an IRC may be detained within the immigration removal estate for a short period of time, to facilitate their removal, or for case progression e.g., to facilitate an interview with a consular official as part of a documentation exercise. Such instances are subject to the agreement of the DEPMU Duty Management grade (HEO/SEO) or above. Placement in an IRC for those individuals will only occur in very exceptional circumstances. These transfers will be considered on a case-by-case basis.

44.  Factors to be considered when determining whether transfer to the HO immigration removal estate may be appropriate include, but are not restricted to, the following:

• National Security considerations.
• The nature of the person’s criminal offence(s), including specific identification of harm (such as those who pose a serious risk of harm to minors or are subject to notification requirements on the Sex Offender’s Register).
• Disruptive/violent behaviour that could undermine the safety of the IRC estate.
• Security, where a person has escaped from lawful custody or assisted others in doing so.
• Health grounds, including where a person has been confirmed as unfit to transfer by the Prison Healthcare team or where the IRC/RSTHF cannot provide continuity of care / meet the needs of the individual.

45. The risk assessment of individuals detained under immigration powers in the prison estate deemed wholly unsuitable in line with the Detention General Instructions (DGI) must be reviewed at least once every six months to ensure that it remains up to date and changes in circumstances are recorded. However, reviews may take place more frequently depending on the circumstances of the case. Where the DEPMU risk assessor is awaiting further information from other stakeholders (e.g., a healthcare provider, FNORC, the DGK or HMPPS) at the point of the review taking place, the individual’s risk assessment will be reviewed at regular intervals, usually weekly, to ensure that information is received from stakeholders in a timely manner. It should be noted however that these regular review periods can be changeable, for example due to a delay in receiving of information or a change in circumstance.

46. Where an individual (TSFNO unsuitable or serving FNO) is transferred to an IRC/RSTHF for removal and the removal fails, the individual will be returned to prison accommodation as soon as possible after the attempted removal, unless another attempt within a reasonable timeframe is being considered by FNORC. DEPMU will give consideration to the individual remaining in the immigration removal estate should flight availability and bed space allow for a short stay.

Early Removal Scheme (ERS)

47. The ERS provides a power for the Secretary of State to release FNOs from prison for the sole purpose of removal or deportation from the UK at a different point in their sentence than would otherwise be possible. It is a mandatory scheme for all FNOs who are liable to deportation or removal from the UK and those eligible cannot opt out - it is the prison governor who has the ultimate responsibility for authorising release of an FNO from prison for the purpose of early removal.

48. FNOs who are liable for removal under ERS may be transferred to a centre for a short period of time for logistical reasons, i.e., to facilitate removal or should a removal fail, subject to prison Governor approval.

49. The responsible caseworker must refer all individuals being considered for the ERS to the DGK for review. Once the DGK review has been completed the case will be referred to DEPMU who will undertake a risk assessment, taking into consideration all risks identified, as well as other considerations as set out in paragraphs 22 and 41.

50. Individuals being removed under the ERS should normally only be transferred in line with ERS policy. However, in exceptional circumstances an individual can be transferred up to 5 working days prior to the flight for reasons such as for the purpose of outbreak management or to support removal flights which are booked over the weekend or after a public holiday. This list is not exhaustive.

51. It is the responsibility of the Home Office to escort FNO’s who have been handed over by the prison service, including returning them to a prison as soon as operationally possible if a removal fails.

Placement of families

52. In the absence of family accommodation, where possible adult family members of the same gender should be placed in the same centre. If this is not possible at the time of detention, relocation of family members should be prioritised when appropriate accommodation is available. Checks should be made on ATLAS and with the responsible caseworker to establish if the claimed relationship is genuine e.g., not a sham relationship, and whether or not there are any concerns about co-location. Reference should be made to DSO 01/2014 - Definition of a family for the purposes of accommodation which sets out the definition of a family for the purposes of accommodating members appropriately in immigration removal centres or pre- departure accommodation.

53. Although mixed gender adult families cannot be accommodated together, they should be located in the same IRC where possible, in gender specific accommodation where contact could be maintained through social visits.

Process for Ports in family cases

54. Except for limited periods of detention in a non-residential short-term holding facility (STHF), families with children who have been detained at the border by Border Force can only be detained at the Tinsley House Family Unit. The IS91, including the risk assessment, should be completed for each family member (rather than for the family as a whole) together with a Border Force family booking form.

55. Authorisation to detain must be obtained from the Border Force Regional Director at the National Command Centre, where any child is to be detained at Tinsley House, or in excess of 24 hours, or overnight. The Director’s authorisation will be obtained through completion of the Request for Director Authorisation form. Any welfare and safeguarding issues should be highlighted on this form.

56. A request for detention space at Tinsley House should be made, at the earliest opportunity, to DEPMU. A completed family booking form should accompany any request for detention space.

Application for pre-departure accommodation for families in the Family Returns Process (FRP)

57. Requests to use the Pre-Departure Accommodation in Tinsley House for the planned return of families in the community through the Family Returns process should be made to the Family Returns Unit Inbox by the Family Engagement Manager. Bookings are confirmed on receipt of the completed Family Welfare Forms (FWF) within the published deadlines. Although the FWF is sufficient to book a bed in pre-departure accommodation the family will not be accepted if the IS91 RA is not completed before their arrival.

58. FWFs should contain all known, medical, safeguarding and risk information that the Family Engagement Manager is aware of at the point of referral. If information later becomes available, the Family Engagement Manager must ensure that pre-departure accommodation staff are made aware of this information via the FRU (Family Returns Unit) inbox.

59. In all FRP cases, form IS91 is served on the escorting contractor and form IS91R (Reasons for Detention) is served on each family member, including each child, at a designated place of detention. This should happen as soon as the individual’s detention status becomes the responsibility of the Home Office.

60. Allocation in the PDA family suite will only be made following the receipt of advice from the Independent Family Returns Panel (IFRP). The PDA cannot accept individuals who are serving a criminal sentence and are leaving under the early removals scheme (ERS), or who may present a risk to staff/residents at the PDA or, if they were to abscond, to the public unless in a critical situation where appropriate planning/risk assessment is completed. There may be rare occasions where it would be appropriate to use Tinsley House Family Unit to accommodate a family. These cases must be referred to the IFRP for advice and require ministerial authorisation. If an individual in the family is subject to MAPPA arrangements (refer to DSO 20/2012 MAPPA), the family engagement manager must consult the MAPPA offender manager to assess the suitability of that individual for the PDA. This information must form part of the return plan in the FWF.

Centre Transfer Requests to Detainee Escorting and Population Management Unit (DEPMU)

61. If contracted service providers assess that an individual needs to be transferred from their centre to another centre or to HM Prison Service custody, they should make their concerns known to the onsite Home Office Compliance Manager (HEO or above).

62. If it is agreed that a transfer is necessary then the DS Compliance Manager (HEO or above) will make a representation to DEPMU, providing sufficient evidence on a transfer request form (Annex B) or an “Annex C” form (attached at Annex C) for consideration of transfer to a HMPPS Prison.

63. If after 48 hours of the transfer request being submitted to DEPMU no response has been received, the centre manager can escalate the request to the DS compliance Manager (grade G7 or above) or Head of DEPMU or G7 Operations Lead, as appropriate. If they are unavailable the request should be escalated to the Head of Detention Operations.

64. Transfers for those with identified vulnerabilities should be kept to a minimum and when a transfer has been determined the journey to the receiving centre should include regular breaks in the interests of the individual’s comfort. Centre supplier staff must ensure a safer detention form (annex A) is sent to the receiving centre prior to a transfer taking place for those with identified vulnerabilities. (AAR DSO) All known information and risks must be shared, and accurate records must be kept on local systems. Medical records (DSO 01/2016 Medical Information Sharing refers), Assessment Care in Detention and Teamwork (ACDT) records, Vulnerable Adult Care Plan (VACP), prison files and any other records should accompany detained individuals at all times when transferred from one centre to another, in accordance with DSO 01/2019 Detainee Escort Records, which sets out standards on the use, management and storage of those records.

Individual Transfer Requests to Detainee Escorting and Population Management Unit (DEPMU)

65. An individual can submit a request to transfer from one centre in the immigration removal estate to another. To do this, a detained individual transfer request form (Annex D) will need to be completed, indicating which centre the individual would like to be transferred to and the reason. Once completed the onsite DET at the centre will submit the request to DEPMU who will consider the transfer on the information provided. Prompt and evidenced consideration must be given to such requests. Requests will not be considered if an individual has been served removal directions or has already submitted a request in the last month.

66. The following factors will be considered when determining the outcome of a detained individual transfer request:

• Risk assessment (room share risk assessment, special conditions, movement history, medical & behavioural)
• Current business priorities (i.e., bed availability, population, single occupancy, case progression, interviews or hearings)
• Removal directions set or likely to be set

67. Once considered, the individual will be notified, in a language they understand, if the request has been approved or declined. If approved, a move to the relevant centre will be set. If declined, the individual will be notified in writing and can re-submit another request after a month, submit a formal complaint or ask HOIE to escalate within DEPMU and ask for a re-consideration.

Internal assurance

68. First line quality assurance checks must be undertaken monthly by DEPMU who should sample their teams’ work to ensure standards are met, providing feedback to ensure any issues identified are addressed. This should include a review of the risk assessment and information contained on Home Office and prison systems.

Quality Assurance

69. An annual self-audit of this DSO is required by the contract service provider at IRCs/RSTHFs to ensure that the processes are being followed. This audit should be made available to the Home Office on request.

Revision History

Review date	Reviewed by	Review outcome	Next review
June 2024	A. Dhariwal	Updates and clarifies the roles and responsibilities of DEPMU when making risk assessments for the transfer of individuals from both the community and prison.	June 2026

Annex A – Safer Detention Referral form

Safer Detention Referral- Transfer Information

From (name centre transferring from):

To (name of centre transferring to):

Contact details for additional information:

Date:

Forename(s):

Surname:

Nationality:

Age:

HO reference:

Other reference(s):

Reason for transfer e.g. positioning for flight, interview, suitability of accommodation, wishes to transfer, voluntary depart, accommodation near family etc.:

Specific concerns, risk level, known self-harm triggers, level of supervision and CAREMAP requirements:

Date of last review:

Date next review due:

Annex B - Detained Individual Transfer Request Form

HOIE - Detained Individual Transfer Request Form

Name:

/HO Ref:

NOMS Ref (If applicable):

RDs set: Yes or No. If yes, please provide details:

Current IRC: Select IRC

Current location: General Population, Healthcare, CSU

RSRA: High, Standard

EDB rating (If applicable): Green, Amber, Red

ACD: Yes, No. Level of observations (If applicable):

Medical hold: Yes, No. If yes, please provide details below.

Disabled room required: Yes, No. If yes, please provide details below.

Mobility issues: Yes, No. If yes, please provide details below.

Detained individual report:

Medical/Vulnerability considerations:

Criminality and previous behaviour in custody/detention:

Behaviour at current IRC:

Conclusions:

Print:

Date:

Sign:

Time:

Service Provider – Head of Operations Approval

Print:

Date:

Sign:

Time:

Home Office – Compliance manager endorsement

Print:

Date:

Sign:

Time:

Home Office – DEPMU decision/recommendations

Print:

Date:

Sign:

Time:

Annex C – Annex J form for transfer to HM Prison custody

Annex J

Request for a detained individual to be transferred into the prision estate under HOIE and HMPPS Service Level Agreement (SLA)

To be completed by the IRC and endorsed by the local compliance manager:

Name:

Nationality:

Prison Number:

Home Office Ref Number:

D.O.B:

Current:

Previous ACCT/ACDT history:

Current ACCT/ACDT (level of observation):

Medical needs (outstanding medical appointments):

Section of the SLA under which the individual is being referred (with supporting narrative)

DEPMU USE ONLY

TSFNOs only – DEPMU North’s Latest Risk Assessment (Include date of assessment):

Criminality:

Adjudications:

IRC USE ONLY

Detention History – (Include behavioural and security risk details leading to this referral):

Analysis of current caseworking position: (narrative to include estimate of when likely to be removed)

Name of HOIE manager:

Signature HOIE manager:

Annex D – Detained individual Transfer Request Form

Detained Individual Transfer Request Form

This form is to request a transfer to one of the following Immigration Removal Centres (IRC):

• Brook House IRC              
• Tinsley House IRC                                                 
• Yarl’s Wood IRC
• Harmondsworth IRC         
• Colnbrook IRC                                                       
• Dungavel IRC
• Derwentside IRC

Once this form has been received by Home Office staff on site a response will be provided to you by DEPMU advising whether your request has been successful, and if applicable, a transfer will be arranged in due course.

Requests will not be considered if:

• You have been served Removal Directions.
• You have already submitted a request in the past month.
• Your request has been agreed but you have not yet been transferred.

Please fill out your details.

Name:

Current IRC:

HO Ref:

Date of Request:

Detained individual’s Signature:                                                                                                        

Current centre email contact:                                              

IRC Mobile Phone number:

Please now hand your request to IRC centre staff.

HOME OFFICE - DET

Name:                                                                          

Signature:

Current centre email contact:            

Please E-FAX this form to  08703369476

1. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation) (Text with EEA relevance) (legislation.gov.uk) ↩