Legal rights

Detainees can exercise their legal rights. Removals are conducted in accordance with law.

7. Removal is conducted in accordance with law and published policy. Detainees understand their legal rights and can communicate freely with their legal representatives.

The following indicators describe evidence that may show this expectation being met. They do not exclude other ways of achieving it.

  • All detainees are served with correct documentation for removal, in accordance with legally set timescales, in a language that they understand.
  • Detainees have proper access to legal advice. They are able to tell legal advisers and family when they are to be removed from the centre. Free telephone and fax facilities are made available for this purpose.
  • Home Office staff present during the removal ensure that both legal requirements and the duty of care are carried out properly.

Human rights standards

Legal rights
In relation to expectation 7 above: Human rights standards require removal orders to be issued in accordance with law and detainees to be informed in advance of their removal. See TGFR 2, 4, 15.

In addition, standards require detainees to be able to access independent legal advice and to be allowed confidential visits and correspondence with their legal representative. See EPR 23; BOP 17, 18; SMR 61; BRPL 8; CPT 2.