These matters to be taken into account in accordance with section 59 of the Immigration Act 2016 when determining whether a person would be particularly vulnerable to harm if they were detained, or if they remained in detention, and, if they were particularly vulnerable in those circumstances, whether they should be detained or should remain in detention.
This approach emerges from the Government’s response (in a Written Ministerial Statement of 14 January 2016) to the report by Stephen
Shaw of his review of the welfare of vulnerable people in detention. The intention is that the guidance will, in conjunction with other reforms referred to
in the Government’s response, lead to a reduction in the number of vulnerable people detained and a reduction in the duration of detention before removal. It
aims to introduce a more holistic approach to the consideration of individual circumstances, ensuring that genuine cases of vulnerability are consistently
identified, in order to ensure that vulnerable people are not detained inappropriately.
The main aim is to strike the right balance between protecting the vulnerable and ensuring the maintenance of legitimate immigration control.
It allows for a case-by-case evidence-based assessment of the appropriateness of the detention of an individual considered to be at particular risk of harm in the terms of this guidance.
The clear presumption is that detention will not be appropriate if a person is considered to be “at risk”. However, it will not mean that no one at risk will
ever be detained. Instead, detention will only become appropriate at the point at which immigration control considerations outweigh this presumption. Within
this context it will remain appropriate to detain individuals at risk if it is necessary in order to remove them. This builds on the existing guidance and
sits alongside the general presumption of liberty.
It will apply in all cases in which an individual is being considered for immigration detention in order to facilitate their removal.
1 In these cases, an assessment will be made of whether the individual is “at risk” in terms of this guidance and, if so, the level of risk (based on the
available evidence) into which they fall. If the individual is considered to be at risk, an assessment will be made of whether the immigration considerations
outweigh the risk factors. Only when they do will the individual be detained.
The processes set out in this guidance apply to all cases in which consideration is being given to detaining a potentially vulnerable individual in
order to remove them.
2 They also apply to cases of individuals who are 1 Except in certain modern slavery cases – see paragraph 18 of this document.
2 Except in certain modern slavery cases – see paragraph 18 of this document. already in detention, though there are some differences in the way in which
these cases are managed.
Immigration Lawyers Ealing Broadway, Immigration Solicitors Ealing Broadway, Immigration Solicitors Southall, Immigration Solicitors Luton, Immigration Solicitors Hounslow, Immigration Solicitors Cardiff, Immigration Solicitors Harrow Middlesex, Immigration Solicitors Uxbridge Solicitors in Hounslow, Solicitors in Southall, Immigration Solicitors Watford, UK Immigration law, Immigration Solicitors Slough, Immigration Solicitors Berkshire, Immigration Solicitors Reading, Immigration Solicitors Heston, Solicitors in Heston, Solicitors in Feltham, Immigration Solicitors in Feltham, Solicitors in West London, Immigration Solicitors Swansea, Immigration Solicitors in Wales, Immigration Solicitors in Swindon, Solicitors in Swindon, Immigration Solicitors in Surrey, Immigration Solicitors in Cowley, Solicitors in Milton Keynes, Immigration Solicitors in Milton Keynes, Immigration Solicitors in Greenford, Solicitors in Greenford, Solicitors in Luton, Solicitors in Harrow, Solicitors in Acton, Immigration Solicitors in Acton, Solicitors in Hanwell, Immigration Solicitors in Hanwell, Immigration Solicitors in London, Solicitors in London, Immigration Solicitors in Oxford, Solicitors in Oxford, Immigration Solicitors in Basingstoke, Solicitors in Bath, Solicitors in Kent, Immigration Solicitors in Kent, Immigration Solicitors in Northampton, Solicitors in Northampton, Immigration Solicitors in Hendon, Immigration Solicitors in Richmond, Solicitors in Richmond, Immigration Appeal Solicitors, Immigration Appeal Solicitors in Reading, Divorce Solicitors in London, London Divorce Solicitors, Divorce Solicitors, Divorce petition form, Child Contact Order, International Divorce, Financial Settlement, Divorce and Money Matters, Divorce Solicitor London, London Divorce Solicitors, Divorce Settlement, Civil Partnership, Child Abduction, Divorce and Children, Domestic Violence, Division of Assets, UK Divorce Solicitors, Occupation Order, Non-Molestation Order, Grounds of Divorce, Unreasonable behaviour, Divorce Solicitor Southall, Divorce Solicitors in Hanwell, Divorce Solicitors in Hayes, Divorce Solicitors in Greenford, Divorce Solicitors in Hounslow, Divorce Solicitors in Wembley, Divorce Solicitors in Heston, Family Law Expert Southall, Divorce Solicitors in Uxbridge, Family Law Solicitors in Uxbridge)