Leaving the facility

Detainees are prepared for their release, transfer or removal. They are able to retain or recover their property. Families with children and others with specific needs are not detained without items essential for their welfare.

25. Detainees are helped to prepare for their release, transfer or removal.

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

  • Immigration staff work with other staff in the facility to ensure that detainees are prepared for their removal and are given adequate time and facilities to consult their legal representatives.
  • Detainees are able to inform legal advisers, family and friends of when they are to be released, transferred or removed from the centre, subject to any legitimate security issues.
  • Those being transferred to further detention are informed of the reasons for this decision and about the centre to which they are being transferred in a language they understand.
  • Detainees being removed are given information about sources of support in the destination country.
  • Detainees are given advice and assistance on immediate needs, such as housing and finance. Every effort is made to ensure that no one is released without accommodation.

26. Detainees who are to be removed or released are treated sensitively and humanely. Detainees are able to retain or recover their property.

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

  • Detainees considered to be vulnerable to harm or neglect, or to be at risk of self-harm or violent behaviour, have an individual risk assessment and care plan where appropriate.
  • Systems are in place to arrange for property to be restored and any private cash to be withdrawn from accounts prior to removal/release.
  • Detainees being removed have clothing suitable for the climate to which they are going and can carry their belongings in a suitable bag.
  • Immediate housing, financial and other support needs are addressed before detainees are released.

Human rights standards

Leaving the facility
In relation to expectations 25 and 26 above: Human rights standards emphasise that consideration must be given from the beginning of a period of detention to the detainee’s future after release, including the detainee’s need for assistance on release. Detainees must be provided with adequate clothing and sufficient means to reach their destination and to maintain themselves in the period immediately following their release. See SMR 108; EPR 33.7, 33.8. See additionally in relation to women, BR 46–47.

In addition, 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. Standards also cover conditions of transport and return of property. See SMR 73; EPR 31, 32, 33.4. Detainees must be treated with respect for their dignity and human rights at all times. See SMR 1; EPR 1.

See also standards relating to safeguarding vulnerable adults (in relation to expectations 5–8).