In this bulletin:
1. High Court severely critical of detention of man suffering from mental illness at Harmmondsworth
2. S – UKBA subjected mentally ill man to inhuman or degrading treatment in immigration detention – 5th Aug 2011
3. Good Practice guidance relating to the implementation of s 48(2)(d) for people in IRCs
4. UKBA FOI response – number of immigration detainees transferred to psychiatric in patient facilities
5. Self-harm in immigration detention – Q2 CY2011 (April – June)
6. PQ – Shabana Mahmood : number of attempted suicides by adults and children – 10th Oct
7. PQ – Shabana Mahmood : what measures exist support detainees considered to be suicide risk – 25th Oct
8. Medical Justice events
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1. High Court severely critical of detention of man suffering from mental illness at Harmmondsworth
Bhatt Murphy Solicitors press release ; “In a judgment handed down on 26 October 2011, the High Court ruled that the Secretary of State … unlawfully detained a man with severe mental illness between 21 June and 7 October 2011 and that the circumstances of his detention at Harmondsworth immigration removal centre between 4 July and 6 August 2011 amounted to inhuman or degrading treatment in breach of article 3 of the European Convention on Human Rights (“ECHR”).
It is the second time this year that the High Court has found the detention of a man with severe mental illness at Harmondsworth to amount to inhuman or degrading treatment in breach of article 3 and raises real concerns that there may be systemic problems with the treatment of mentally ill people by UKBA and within the privately managed immigration detention estate.
…. The psychiatrist who discharged BA in February 2011 had predicted a deterioration of BA’s mental health in detention. When he was assessed by Dr Lucy Summers, a General Practitioner working with the charity Medical Justice, on 3 June 2011 she observed that he had a history of stress induced psychosis and was showing signs of relapse, including anxiety, depression and signs of psychosis. On 6 July 2011 he was assessed by Dr Peter Agulnik, a consultant psychiatrist working with Medical Justice on the instruction of BA’s solicitors. Dr Agulnik stated that BA required urgent psychiatric treatment outside of immigration detention and warned that continued detention carried “a real risk that he could die”.
On 4 July 2011 the healthcare manager at Harmondsworth had already informed UKBA that BA was unfit to remain in detention. This assessment was confirmed and repeated by medical staff in later assessments that month provided to UKBA. By 28 July 2011 the healthcare manager considered that BA could die imminently and was preparing “an end of life care plan” for him .
Despite all of the information UKBA had about BA’s mental illness and the risks of continued detention David Wood, the Director of Criminality and Detention at UKBA, maintained his detention on two separate occasions in late July and early August 2011 when he was asked by junior officials to consider authorising release . Mr Philip Schoenenberger, assistant director of UKBA’s detention services, expressed surprise that BA had not been released. He stated, in words described by the judge as chilling that: “…on our Monday conference call, we will discuss informing the RRT as there will be significant press interest if he does subsequently pass away. We have made sure that healthcare are keeping good and accurate details of his care and this record will be available to the [Prisons and Probation Ombudsman] should he die.”
BA was transferred to a Hillindon Hospital on 6 August 2011. By late September 2011 those treating him at Hillingdon Hospital had assessed that BA had improved sufficiently to be discharged. They warned however that he would be likely to deteriorate if he returned to detention. Despite all that had happened before, and the clear medical advice, UKBA decided to return BA to Harmondsworth. BA’s judicial review was heard on 30 September and 7 October 2011. After lunch on 7 October 2011, the Secretary of State’s counsel explained to the Court that, in breach of the order made on 26 July 2011, BA had been transferred back to Harmondsworth .
The Court’s decision – Elisabeth Laing QC, sitting as a Deputy High Court Judge … In finding a breach of article 3 , she said:
“In my judgment there was a deplorable failure, from the outset, by those responsible for BA’s detention to recognise the nature and extent of BA’s illness… I… consider that there has been a combination of bureaucratic inertia, and lack of communication and co-ordination between those who were responsible for his welfare. The documents disclosed by the Secretary of State have also shown, on one occasion, a callous indifference to BA’s plight…”
Jed Pennington of Bhatt Murphy solicitors, solicitor for BA said:
“UKBA’s apparent indifference to my client’s plight left him on the verge of death. The UK does not return people to countries where there is a real risk that they will be imprisoned in conditions that are inhuman or degrading. It should be matter of grave concern to the officials who allowed this to happen, and the responsible minister, that this has occurred at a UK detention facility. After the judgment in S in August this year, we urged the minister to conduct a fundamental review into how mentally ill people are treated in the immigration detention estate. We are not aware that any such review has taken place and this case shows that lessons are not being learned. We now call on the minister to urgently review how mentally ill people are treated by UKBA within the immigration system.”
Theresa Schleicher, Casework Manager at Medical Justice, said:
“The UK Border Agency wilfully gambled with this man’s life, fully aware of the risks. They proved incapable of monitoring his health, but were ready to manage his death. Their private healthcare provider contractor said they would draw up an end of life care plan and UKBA concerned itself with press interest. Lessons urgently need to be learnt, especially while investigations into the deaths of three immigration detainees in one month this summer are still pending. Based on medical evidence from many hundreds of detainees that Medical Justice has assisted, we have documented the toxic effect of indefinite immigration detention on mental health. Coupled with disturbingly inadequate healthcare in immigration removal centres, the damage caused is so widespread that the only solution is a fundamental rethink before further tragedy occurs.”
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2. S – UKBA subjected mentally ill man to inhuman or degrading treatment in immigration detention – 5th Aug 2011
Bhatt Murphy Solicitors press release : ” “High Court rules that UK Border Agency subjected a man suffering from mental illness to inhuman or degrading treatment in immigration detention. Today, in a landmark decision1, the High Court has ruled that the Secretary of State for the Home Department, through the UK Border Agency, unlawfully detained a man with severe mental illness for a period of five months between April and September 2010 and that the circumstances of his detention at Harmondsworth immigration removal centre amounted to inhuman or degrading treatment in breach of article 3 of the European Convention on Human Rights (“ECHR”).” Download the press release and the Judgement and see Guardian article.
3. Good Practice guidance relating to the implementation of s 48(2)(d) for people in IRCs
Kindly provided by MIND ; “In April the DoH changed the good practice guidance relating to the implementation of s 48(2)(d) for people in IRCs and there is a material difference between the two guidance documents attached. In the second, published in April, it is assumed that people with mental health conditions would go back to IRCs and not be released into the community.”
Download the documents.
4. UKBA FOI response – number of immigration detainees transferred to psychiatric in patient facilities
1) How many immigration detainees have been transferred from IRCs to psychiatric in patient facilities? 2) What has been the cost of these transfers to UKBA? 3) Does UKBA have permanent beds reserved in inpatient facilities for detainees in need of these transfers? 4) What mental health conditions have led to these transfers? 5) How many detainees have been sectioned under the mental health act part way through their stay in an IRC?”
See the response here.
5. Self-harm in immigration detention – Q2 CY2011 (April – June)
Number of incidents of Self-Harm requiring medical attention – 43
Number of individuals being managed as having a risk of self-harm – 372
6. PQ – Shabana Mahmood : number of attempted suicides by adults and children – 10th Oct
The figure above does not include foreign national prisoners who will be deported at the end of their sentence or detainees being held in prisons or those held in the Agency’s short-term holding facilities. From full statement, inserted by me for emphasis. JT
7. PQ – Shabana Mahmood : what measures exist support detainees considered to be suicide risk – 25th Oct
Read the full question and answer.
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8. Medical Justice events
Medical Justice Children in Detention Working Group meeting
6.30pm, Thursday 3rd November 2011, Finsbury Park. All welcome. See the agenda here.
Medical Justice Tutorial : Preparation for visiting detention centres
2pm Sat 5th Nov 2011, London SW13 – Dr Charmian Goldwyn is a retired GP and has made many dozens of visits to see sick detainees in immigration removal centres. Most of her patients were released and some now have leave to remain in the UK. More info here.
Seminar for psychiatrists and psychologists preparing medical reports in unlawful detention proceedings
6pm Wednesday 16th November 2011 – With Jed Pennington and Hamish Arnott, Bhatt Murphy Solicitors. A seminar organised by Bhatt Murphy Solicitors and Medical Justice for psychiatrists writing reports in unlawful detention proceedings. Further info.
Medical Justice Medics Coffee Evening
7-9pm Monday 12th December 2011- Notes coffee bar, 31 St Martin’s Lane, London, WC2N 4ER
Junior and more senior doctors will be around to chat about their experiences of going to detention centres and writing medico-legal reports that have changed people’s lives. Further info.
Invitation : Medical Justice 2011 Festive Dinner and Awards Ceremony
6.30pm Monday 5th December – 2011 Medical Justice Awards for outstanding contributions – presented by ex-detainees. Food from Syria, Cameroon, Sierra Leone and beyond – cooked by ex-detainees. Further info.
The Medical Justice Max Appeal
Appeal for the Max datasystem. Further info and to make a donation.
http://www.medicaljustice.org.uk/