BID briefing on post detention accommodation

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On 15 January 2018, the Home Office implemented a new immigration bail and post-release accommodation system under the Immigration Act 2016. Pursuant to these changes, immigration detainees can no longer apply for s4(1)(c) accommodation. There remains much confusion about the intended operation of the new post-release accommodation system. Even Home Office officials appear to be uncertain about whether someone is eligible for post-release accommodation and who has responsibility for making such decisions. BID’s briefing sets out the new post-release accommodation system as it is currently understood. We have found that the new system is incompatible with the realities of the detention and bail system. Homeless detainees, who would be eligible for bail but for their lack of accommodation, are either being released to the streets or inadequate accommodation, or held in detention indefinitely. We consider that the new post-release accommodation system risks systematically violating detainees’ rights under Article 3 or Article 6 of the ECHR. BID maintains that urgent reform is needed.