Category: Yarl’s Wood
The largest specialist provider of advice and representation to asylum seekers and migrants in need of protection in the UK faces closure due to a government imposed cash-flow crisis.
End Child Detention Now is shocked and saddened to learn that Refugee and Migrant Justice, despite an impressive public campaign, is to go into administration because of changes to legal aid procedures which mean that publicly funded lawyers in immigration cases are only paid when the case is closed. This can often take years, and without the possibility of interest free loans (which the Legal Services Commission has refused), a lifeline for thousands of refugees and asylum seekers will almost certainly be lost unless the administrators can come up with a rescue package.
Read Jon Robins’ insightful article on the crisis in asylum legal support – Denying child asylum seekers a legal lifeline from the Guardian Comment is Free site.
New immigration plans will end child detention but we should be wary of substituting one form of state abuse with another.
Simon Parker, Comment is Free, The Guardian, Friday 28 May 2010.
The announcement in Tuesday’s Queen’s speech that along with a cap on non-EU immigration, the new Conservative-Liberal Democrat government no longer intends to detain children under immigration control powers comes as a welcome boost to the many thousands of concerned citizens who have signed petitions, lobbied their MPs and parliamentary candidates, written to the local and national press, and organised vigils and demonstrations in order to bring this shameful practice to an end.
However, before we begin any premature celebrations, there are some troubling aspects of the new coalition agreement that deserve especially careful scrutiny. The first point is that Nick Clegg and his team rightly sought to insist that the declaration would commit to ending the detention of families, but the Conservatives struck this out and insisted that the no-detention policy would apply only to children.
Damian Green also declared that while the review was underway, the existing policy of detaining children would remain in place, despite the fact that the government now appears to accept that the practice of detaining children is harmful and unwarranted. The shocking case of the arrest and detention of Sehar Shahbaz and her eight-month-old baby in Dungavel and their nine-hour journey in a prison van to Yarl’s Wood, which Colin Firth highlighted in a letter to the Guardian, if anything suggests a hardening of minds rather than the “changed mindset” that Sir Al Aynsley Green has called for in the Home Office.
Indeed, an Iranian family of five, including the pregnant mother, were arrested and detained on the day it was announced child detention was due to end – and were issued with removal instructions to a brutal regime whose response to political dissent involves torture, lengthy jail sentences and state execution.
Campaigners should at least take heart that the review is about to start soon and that it is expected to conclude within weeks rather than months. But as yet there is no commitment to a timetable for implementing any alternatives to detention, or a promise not to arrest and detain families in the meantime.
A major concern for refugee, asylum and children’s welfare organisations is the clear implication that by agreeing only to spare children from detention, the Home Office is considering the option of taking children into care while their parents are detained. This would be to substitute one form of state child abuse with another, and would not only be contrary to article 8 of the European convention on human rights, it would be opposed, one would hope, by every local safeguarding children board and director of social services in the country – not least because it would make social workers complicit in damaging rather than protecting the welfare of the child.
Former Children’s Commissioner calls for fundamental change in culture and mindset of government over child detention
The first Children’s Commissioner for England, Sir Al Aynsley-Green, writing in The Guardian, calls on the government to release the families from Britain’s asylum prisons now.
Aynsley-Green who has done more than any single person to expose the arrest and detention of innocent children, the injustices and sheer horror of their lived experiences, urges: ‘a fundamental change in the culture and mindset of the government, its ministers, its civil servants and its contractors so that the welfare and best interests of children are put first, before the administrative convenience of government.’
This is his first published article since leaving his post as Children’s Commissioner in February 2010.
Nothing in my 30 years’ experience of being a children’s doctor prepared me for my first visit to Yarl’s Wood immigration removal centre (IRC) in 2005, soon after becoming children’s commissioner. Using the power given to me by parliament to enter any premises other than a child’s home to interview any child, I asked to be treated as a newly arrested child and to follow their journey through the prison.
I saw a bewildered 10-year-old, smartly dressed in his school uniform alongside his distraught mother – they had been snatched from their home in a “dawn raid”. He asked if his friends knew where he was, worried about his belongings, and didn’t understand what had happened to him, even though I was told he would be deported the next day.
I passed through barred and locked doors where even babies had their nappies searched by prison-like officers, keys a-jangling; withdrawn and deeply traumatised children clinging to their mothers, refusing to eat the unhealthy food provided, with developmental regression, bed-wetting and soiling; mothers struggling to maintain breast feeding; inadequate play and schooling – the litany of human misery was endless. I was appalled and resolved that children seeking refuge would be an immediate priority for my new organisation.
We studied the “journeys” of children seeking asylum – the screening process where unaccompanied children’s claims for asylum were assessed; the process of age determination, including the use of X-rays; the experiences of young people in the care of a local authority, and, through subsequent visits to Yarl’s Wood IRC, the process of arrest, detention and deportation of families, many of whose children were born in the UK, and were well integrated into schools and local communities.
We published rigorous reports of our findings, and exposed to media and parliamentary attention the truth of the appalling life experiences of these children.
Much that is good has now happened – the joint report by the medical Royal Colleges confirming the physical and psychological damage caused by detention; the removal by government of its reservation to article 22 of the UN convention on the rights of the child, thereby giving asylum-seeking children the same rights as British children; the duty of care on statutory bodies to promote the welfare of children; the improvements in the physical environment in Yarl’s Wood IRC; and now, the announcement last week by Damian Green, the new minister for asylum and immigration, of a review to end the detention of children.
But there is unfinished business.
We need a fundamental change in the culture and mindset of the government, its ministers, its civil servants and its contractors so that the welfare and best interests of children are put first, before the administrative convenience of government. A speedy end to the detention of children. The promised “review” should not be an excuse for civil service prevarication. The evidence of harm is overwhelming and for a country that takes pride in safeguarding its children, it is indefensible, and frankly shameful, to force a small group of them into detention where their welfare is known to be at risk. They should be released now. The Local Children’s Safeguarding Board in Bedfordshire is currently investigating serious allegations of sexually harmful behaviour and safeguarding failures in Yarl’s Wood exposed by my most recent report. The full results must be published quickly.
We must know more of what happens to those children deported to their parents’ countries of origin. Are they safe, are they well and are they being cared for?
We need urgent research to establish an ethically sound approach to the assessment of age of individuals who claim to be a child but who have no papers to prove it. Exposing children to radiation (X-rays) for immigration control without medical benefit to them is unethical and, where a child cannot give informed consent, potentially unlawful. The Labour government’s commitment not to use X-rays, extracted under pressure, must prevail.
There must be full public and evidence-based debate about the ethics of using new medical technology – such as DNA analysis – for administrative purposes to assess paternity and country of origin.
The government must monitor the impact of financial cuts to local authorities on the welfare of unaccompanied minors (children who have no parent to look after them) who already are often poorly served.
Government turns its back on hundreds of requests to save Sehar: Friends from Glasgow bid a tearful farewell to mother & baby.
This is the text of Positive Action’s Statement to Supporters of the Sehar must stay in Scotland campaign.
Sehar Shebaz was deported on a PIA flight at 17:00 HRS today. Friends from Glasgow took a bus down to say goodbye to her at the airport and to take her the few belongings that were left behind in her flat when she was detained by Brand Street Reporting Centre last week. Dr Imtiaz Rasul and his family from Birmingham also went to say goodbye at the airport. Dr Imtiaz said:
It was really terrible. Sehar looked very small and quiet. She had security officers and police around her as if she was a criminal. It was truly humiliating to say goodbye to her like that. Other people in the airport were watching. Sehar told us to say thankyou to everyone, she tried to smile but in front of police we could feel what she was feeling. My country takes in more asylum seekers than the UK. If the UK only wants to humiliate people then why have an asylum policy, just tell people dont come here. I feel very sad for Sehar and her baby was just upset. We hope in her hearts that her pain does not continue but we are very worried about what might happen.
As the government announces that Dungavel will no longer be used for the detention of children, but will be re-purposed as ‘a health check’ facility for families who are facing removal, young mother Sehar Shebaz and her baby are being transported in a prison van to Yarl’s Wood Immigration Removal Centre in Bedfordshire from where the Home Office plans to deport her to Pakistan where she faces violent retribution from her husband’s family after fleeing from domestic violence.
Sehar said: “I told them please don’t send me and my baby in the van for nine hours she is too young, I asked them to speak to my lawyer. But she (Dungavel staff member) just told me, “Look either you go in the van or we will take your baby in a separate van and you wont see her until you get to Yarl’s Wood.”
Robina Qureshi from Positive Action in Housing, Glasgow who has been campaigning on behalf of the family stated:
The new announcement about ending child detention in Scotland means nothing for Sehar, families are simply being driven hundreds of miles and being locked up in Yarl’s Wood in England. The victory was very hollow and we have won no concessions in this case. Please could you use whatever power you possess to stop Sehar and her baby being taken to Yarl’s Wood this morning.
Please express your concern at the treatment of Sehar Shebaz and her baby and call for their immediate release and return to Glasgow.
Danny Alexander, Secretary of State for Scotland email@example.com
First Minister Alex Salmond firstname.lastname@example.org
Tavish Scott, leader of the Lib Dems MSPs email@example.com
Nick Clegg, Lib Dems leader firstname.lastname@example.org
Tam Baillie, Childrens Commissioner email@example.com
If they mean the immediate closure of Yarl’s Wood, that should be a cause for great rejoicing. This is why we must hold them to it
By Clare Sambrook (from OpenDemocracy, 12 May 2010).
‘We will end the detention of children for immigration purposes,’ says today’s coalition agreement. A stunning victory for children, decency and the Liberal Democrats if this pledge proves good. That may be a very big if.
Days before the election David Cameron offered to set up a ‘working party’ including charities to ‘review child detention’. What’s to review? NHS paediatricians and psychologists Lorek et al six months ago found that children at Yarl’s Wood were ‘clearly vulnerable, marginalized, and at risk of mental and physical harm as a result of state sanctioned neglect (inadequate care and protection), and possibly abuse in the sense of exposure to violence within the detention facilities themselves.’ The Children’s Commissioner Sir Al Aynsley Green, himself an eminent paediatrician working from irresistible evidence of harm, called repeatedly on the Labour government over years to stop detaining children.
To borrow Australian psychiatrist Professor Patrick McGorry’s description of his own country’s detention centres, ours too are ‘factories for producing mental illness’.
‘We will end the detention of children for immigration purposes.’ They better had. And quickly too. Arrest and detention causes children swift and lasting damaging, rendering them confused, fearful, unable to sleep, according to Lorek et al. Children suffer headaches, tummy pains and weight loss and exhibit severe emotional and behavioural problems.
Dr Frank Arnold, a torture scars expert who cares for detainees said today, ‘If for any reason the government delays or reneges on this promise I would like to invite the immigration minister to join me in examining a willing family in detention for them to learn first hand the harm that continuing detention is doing to people.’
Delay or prevarication over this policy which has no proper purpose — a UK Border Agency executive let slip last year that the Agency knows families don’t abscond but persists in detaining them anyway because it’s a deterrent — will invite rising pressure on the government and on the corporations that profit from this shameful business.
Yesterday Dr Arnold put a question to Chris Hyman the Pentecostal Christian who races Formula 3 Ferraris and trousers £4,325 every day running Serco, the security giant that runs Yarl’s Wood detention centre for profit.
At the company’s annual meeting at London’s Queen Elizabeth Hall, Dr Arnold said:
‘Serco is expanding its activities in Healthcare to include NHS hospital management, polyclinics and GP services. At the same time, the company is receiving serious criticism and reputational harm because of its role in the incarceration of children at Yarl’s Wood Immigration Detention Centre under contract to the UK Border Agency. As the Chief Inspector of Prisons and Children’s Champion have publicly insisted, it is not possible to lock up children (who have done no wrong) without harming them. Will the board agree to take legal steps to obtain release from its contracts with UK BA over administrative detention to improve the company’s reputation?’
Hyman, who chairs the Prince of Wales’s charity In Kind Direct, said Serco had made improvements not required by its government contract, including a new school building at Yarl’s Wood — called Hummingbird House — and cooking facilities where families may prepare ‘culturally appropriate meals’. Hyman invited Arnold to see for himself.
Arnold, a regular visitor to detention centres, said:
‘Many of these children suffer neglect of serious medical conditions, both physical and psychological which are frequently made worse by their imprisonment. Examples include children detained while in sickle crisis, continuing detention in ignorance of a vital central venous feeding line in place, failure to provide immunisation and malaria prophylaxis when due, weight loss, behavioural regression, onset or deterioration of pre-existing PTSD and depression, and suicidal behaviour. All of these failures of care have been documented by clinical experts and in parliament and the media.’
Arnold went on:
‘Serco are contracted to manage people in detention but also, through Serco healthcare, to certify them as fit for detention. This is an insoluble conflict of interest and must cease. However prettily you paint the walls, these children are still imprisoned, dealing with the traumas of dawn raids and being locked up. The administrative detention of children is simply too harmful to be accepted in a civilised society.’
If the immediate closure of Yarl’s Wood is what is meant by, ‘We will end the detention of children for immigration purposes,’ then that is cause for rejoicing and huge thanks to Nick Clegg. But not yet. We must hold them to it.
It’s not usual to have five-year-olds and 15-year-olds in the same storytelling workshop. But there was nothing usual about the event that illustrator Karin Littlewood and I ran last December for imprisoned children. They were behind bars, not for committing some horrible crime but because they were asylum-seekers, and because we live in a society that forgets it has ratified the United Nations Convention on the Rights of the Child – a society that is forgetting human decency.
Our aim that day in Yarl’s Wood Immigration Removal Centre was to offer such a good time that these young minds would temporarily fly beyond the barbed wire-topped fences, locked doors and gates. For a short while, Karin and I too might almost have forgottten where we were. It was the five-year-olds, two brothers, who reminded us. Avoiding eye contact, even when persuaded to help hold a long reel of paper for a story-drawing, these little boys told us through their body language and silent faces that they were traumatised.
All these children had experienced the terror of a dawn raid by the UK Border Agency and forced removal to detention-cum-prison. Some 2,000 children are put through this ordeal every year, even though families don’t abscond. As Dave Wood of the UK Border Agency let slip in evidence last year to a parliamentary committee, ‘it is not terribly easy for a family unit to abscond’.
So why does our Government continue to lock up children in conditions known to harm their mental and physical health? With an election coming up, few politicians want to risk being seen as ‘soft’ on asylum seekers.
But the medical profession has taken the lead in calling for the immediate end to child detention. Many children’s authors have spoken out strongly, and I call upon early years professionals to take action. My friends at End Child Detention Now can help you. Contact them at www.ecdn.org, which also has links to the public petition and the doctors’ petition. And hold your parliamentary candidates to account.
A pdf of the article can be found here.
Phil Woolas’s defence of the inhumane Yarl’s Wood removal centre reflects Labour’s shift to the right on asylum
Simon Parker, The Guardian, Comment is Free, Thursday 25 March 2010, 15.00 GMT.
Phil Woolas’s response to a further damning report on Yarl’s Wood immigration removal centre by the chief inspector of prisons shows that the government has to resort to scare tactics and lies to defend a policy that has been condemned by several royal colleges of medicine, the Faculty of Public Health, the former children’s commissioner for England, many leading Christian and Jewish faith leaders, all the major children’s charities, and 121 MPs — including 49 members of Woolas’s own parliamentary party.
It is simply untrue to assert, as the immigration minister does, that the only alternative to imprisoning children in high-security detention facilities such as Yarl’s Wood is separating them from their parents and putting them into local authority care. Australia and Sweden maintain families in the community even when their claims for asylum have been declared unfounded, and both countries have managed to achieve higher voluntary return rates than the UK’s as a consequence.
What is more worrying, however, is that Woolas appears to be backtracking on his own government’s commitment to seeking alternatives to immigration detention, such as the current community-based pilot scheme in Glasgow that is being run in conjunction with the local authority and the Scottish government.
In the runup to the general election it is increasingly clear that New Labour want to “out-nasty” the Tories when it comes to denigrating asylum seekers and refugees. Woolas described those detained in Yarl’s Wood as “illegal immigrants” even though he knows full well that the vast majority made perfectly proper and legal asylum claims. The fact that over half of the families in Yarl’s Wood are later released, as Dame Anne Owers points out in her report, completely undermines the minister’s claim that their removal has been properly decided by the independent courts. In fact hundreds of families who pass through Dungavel and Yarl’s Wood are subsequently granted indefinite leave to remain or refugee status because on closer inspection their claims turn out not to be “illegal” or “bogus” but well-founded.
An increasing number of families are being held in Yarl’s Wood under the “detained fast track” system – ie while their cases are still being determined by Home Office officials – a practice that has been condemned by the European commissioner for human rights and the European courts, but that the Leader of the House of Lords, Lady Royall, describes as “an unavoidable necessity for the DFT process”.
Woolas and his government are in clear breach of the council of ministers directive, which “provides for the special vulnerabilities of asylum-seeking children and minimum standards for arrangements for their welfare, treating the best interests of children as a primary consideration”. The directive came into force in UK law in February 2005 and requires states “to make special arrangements for the accommodation of children to meet their needs and best interests. This does not equate to detention”.
The Home Office’s increasing resort to scare stories about child trafficking follows on from a similar piece of nonsense that junior minister Meg Hillier came out with on the BBC’s Daily Politics show on Friday. She suggested that if the government stopped locking up children then childless asylum seekers would have an incentive to acquire a “get out of detention free kid” from a passing child trafficker.
The government’s constant talk of “illegal migrants”, “would-be child traffickers” and “frivolous” and “vexatious” abusers of the judicial system is intended to deflect attention from its own failed policies in treating asylum seeking families fairly and humanely, and to foster a climate of disbelief and contempt in relation to those who seek the sanctuary of our shores. No country can call itself civilised if it engages in the persecution of the persecuted, however popular the contempt for them may be among the public at large or how many votes a government that is desperately clinging to power thinks it may salvage.
Outsourcing abuse – UKBA’s handcuffing of detainees “disproportionate, unnecessary and inappropriate”
A Home Office commissioned report by Baroness Nuala O’Loan [now removed from the Home Office website with no archive link!] into a catalogue of serious abuses that detainees alleged they suffered at the hands of the UK Border Agency’s security contractors claimed not to have found evidence of ‘systematic abuse’, but did highlight alarming operational failures in relation to both the complaints process, the retention of paperwork by UKBA and the application of the use of force in immigration detention.
The leading human rights solicitors Birnberg Pierce & Partners, who have condemned the UKBA’s handcuffing of detainees as “disproportionate, unnecessary and inappropriate” compiled their report ‘Outsourcing Abuse: The use and misuse of state-sanctioned force during the detention and removal of asylum seekers’ in 2008 based on dozens of allegations of mistreatment at the hands of UKBA contracted security personnel.
One such case reported by The Guardian and The Independent involved a 32-year-old Cameroonian torture victim, who was subsequently handcuffed while being taken into the operating theatre for surgery, and again after coming round from the anaesthetic. On each occasion hospital staff asked for the handcuffs to be removed; on each occasion their requests were refused.
As a result of the concerns highlighted by the Birnberg Pierce Report, Baroness O’Loan made 22 recommendations for change-not one of which would have been made had these allegations not been brought to light. However, rather than welcoming the original report for bringing a number of serious operational failures into the open, the UKBA’s director Lin Homer in her foreword to the report castigated the authors of Outsourcing Abuse for damaging ‘the reputation of contractors’.
Contractors who already have a well documented reputation in a number of official reports from the Children’s Commission and HM Inspector of Prisons for forcing in the doors of sleeping families in the early hours of the morning, regularly and needlessly handcuffing parents in front of their own children, and using prison vehicles to transport their ‘clients’ to detention facilities or airports despite the fact that according to Harriet Wistrich of Birnberg Pierce many detainees ‘are survivors of horrific violence, torture and abuse who, as a result may be suicidal or suffer from mental illness’.
One of the most telling absences from the report is any consideration that children might be psychologically harmed by seeing their parents physically or verbally abused. For example, O’Loan says that
No complaints in relation to the treatment of children were identified in this Review, other than that in one case a mother stated that her three year old had wet herself because she had not been taken to the toilet.
However, many complaints highlighted in the original Outsourcing Report involved the verbal and physical abuse of parents in front of their children by UKBA employed security guards. Where these allegations were made, according to O’Loan, the investigation files were frequently found to be incomplete and confused and revealed a lack of thorough investigation.
But the same lack of thoroughness would appear to be a problem with the O’Loan report itself, since the report’s author relies almost entirely on documentary evidence from the Home Office and where it is missing makes no attempt to find out why or to interview independent witnesses or the complainants themselves. To simply comment in the case of AP, a woman from Zimbabwe who received an out of court settlement for civil damages against ‘Company 5’, who she claimed forcibly boarded her onto a waiting aircraft where
her arms were twisted and she was placed on the floor. Her baby was with her but left unattended. The escort officers abused her racially. There were six officers involved; two males and four females. The pilot refused to accept her on the plane.
that “this matter was not dealt with properly” is indicative of the ‘more in very mild regret than in anger’ tone of the entire report.
As hunger strikes in detention centres across the country proliferate and as new abuses of unaccompanied minors reach our office every day, the lack of engagement with the original report’s authors and the complainants featured in this follow-up ‘investigation’ highlights more than ever the need for a proper independent enquiry into the running of the UKBA’s immigration and detention operations.
In an adjournment debate called by the Conservative MP for Bedfordshire North-East, Alastair Burt, the Home Office Minister, Meg Hillier, told the House of Commons that in the financial year 2008-09, 1,116 children entered detention. She went on to report that ‘some 539 of those children, slightly fewer than half, were removed, and 629 were released’-no fewer than 53.8% of all the children who had been detained.
Although the government issued its customary health warning that these figures are based on ‘management information’ and therefore not subject to the detailed checks that apply to the publication of national statistics, this nevertheless confirms the fact that the detention of families is not being used when the independent courts have determined that the parents or children have no lawful right to remain, but as an arbitrary instrument of policy in order to drive up removal figures.
Despite reassurances to Parliament that the detention of children and families would be used for ‘the shortest time possible’, as Diane Abbott MP pointed out the average length of detention has continued to grow. According to the Minister, the average length of detention for children was 16 days in 2008-09, which is double the figure for 2007. The snapshot figure for 30 September 2009, found that 25 children had been detained for seven days or fewer, five for eight to 14 days, five for 15 to 28 days and ten for 29 or more days but less than two months. No figures were provided on the proportion of children who may have been subject to re-detention in the previous 12 months.
Ms Hillier, conceded that a child going through this process [of being woken in the early hours of the morning by complete strangers in uniforms and forcibly driven in a locked van to an immigration removal centre] ‘will find it very challenging’. Alastair Burt asked if the Minister was ‘somewhat painting a picture that parents are making a deliberate choice to go into detention and have their children with them as if the alternative were an easy one’.
I would like her to recognise that for many parents, that choice is not easy at all. That is the dilemma in which they are caught and which the system has somehow to try to deal with – Alastair Burt, MP
The debate had been called by the Conservative Deputy Chief Whip, whose constituency includes Yarl’s Wood following a protest of women hunger strikers on Monday 8 February, during which 70 women were locked inside a hallway in the women’s wing of the removal centre without access to toilet facilities for several hours. One woman suffered a serious asthma attack, and the four alleged organisers of the protest have been sent to HMP Holloway. None of the women who were removed from Yarl’s Wood have been charged with any offences. Up to 5o women remain on hunger strike after more than 10 days.
The Minister was unmoved by the protests or the plight of families facing imminent deportation: ‘…many people will choose anything rather than willingly return to a situation. That can be for all sorts of reasons, and not just because they feel in physical danger. In the end, the parents make the choices that face them, however difficult they are, so some responsibility needs to lie there’.
In other words, it is the fault of the parents that their children are locked up, not the government or its agents who arrest and imprison them. However, the UKBA’s persistent claims that it always acts humanely and within the law are coming unstuck as a growing number of decisions by the independent courts are finding the Home Office guilty of wrongfully imprisoning asylum seeking families. Meanwhile hundreds of children continue to have their lives blighted by our country’s ‘firm but fair asylum and immigration system’.