BID responded in detail recently to HM Inspectorate of Prison's consultation on revised immigration detention inspection expectations. In addition to detailed comments against all changes to inspection expectations and a number of recommendations, BID also expressed concern about the new approach to inspection outlined by the Chief Inspector, Nick Hardwicke.
BID is concerned that the newly fashionable Outcomes Focused Regulation, adopted among others by the Solicitors' Regulation Authority and the Financial Services Authority, is unsafe in a sector such as administrative detention where loss of liberty without independent oversight is at stake.
BID's submission to HMIP can be downloaded at bottom of this page.
BID welcomes the ongoing commitment by the Inspectorate to both human rights principles and recognised best practice as a foundation for the immigration detention expectations. However, this acknowledgement of the importance of recognised best practice seems to be at odds with the greater focus on outcomes and a reduced focus on process, in what looks like an end-justifies-the-means approach to inspection. Downplaying the role of process in the administrative detention of thousands of people in the UK each year does not seem like a safe way in which to assure the quality of service provision. We acknowledge that a number of authorities and inspectorates are currently moving towards Outcomes Focused Regulation (OFR). However BID is concerned that this change in emphasis on the part of HMIP, which has the effect of downplaying the role of process in the inspection function, may compromise the remit of the inspectorate to scrutinise and assess “the conditions and treatment of immigration detainees”.
This switch in emphasis is of particular concern in a context where custodial services and healthcare services are contracted out to a number of suppliers, each operating its own protocols and practices within the broadly drawn Detention Centre Rules and Detention Operating Standards. Differential interpretations of these operating standards and the management of centre contracts by UKBA, alongside often repeated failure to meet HMIP recommendations, are recurring features of inspectorate reports in the immigration detention sector.
Downloads
BID submission to HMIP on immigration detention inspection expectations April 2012
