Safeguarding

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

• Safeguarding procedures and guidance are known and used by all staff, including on how to make the necessary referrals.
• There is a joint local safeguarding strategy that recognises risks of harm to detainees which could arise from: health and/or social support needs; past or possible future experience of torture, trafficking or trauma, including sexual or gender-based violence; detention injuriously affecting health; suspected suicidal intentions; and protected characteristics. The joint strategy includes all providers, including health, and has input from the local authority.
• A comprehensive central record of detainees considered by the Home Office to be at risk in detention is maintained and shared with centre contractors.
• A multidisciplinary committee, including health care staff, meets frequently and provides effective oversight and quality assurance of safeguarding practice, policies and procedures.
• The committee also considers the risks to and needs of women who may be vulnerable to harm and, where necessary, agrees a thorough and regularly reviewed care plan.
• Named case managers are allocated for all women with a care plan and are responsible for oversight of plans between reviews and for keeping the Home Office informed of the condition of the detainee. Where possible case managers should be women.
• The centre has a well understood code of conduct that encourages staff to raise legitimate concerns about the behaviour of any individual towards women. Staff are confident in using ‘whistle-blowing’ procedures.
• When abuse of a detainee is alleged or suspected to have occurred, prompt and appropriate action is taken to protect the detainee and this is swiftly communicated to the Home Office.
• Staff engage with all relevant agencies and individuals to ensure women are appropriately cared for and supported.
• Women who lack mental capacity are not normally detained. If there are exceptional circumstances that result in detention, these are clearly documented. Women have access to independent advocates to aid their understanding and have their interests represented.
• Where women are released because they are found to lack mental capacity, there is a multi-agency review, lessons are learned and are reflected in future practice.
• Women are protected from extremist ideologies.

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

• All women are effectively screened for vulnerability on arrival (see ‘Arrival and early days in detention’).
• All staff in contact with women are trained in the identification and care of women who may be vulnerable, especially those who may have mental health problems or who have been affected by trauma. They use the correct procedures effectively, raising concerns whenever appropriate.
• The centre reviews the cases of all women after one month and thereafter at regular intervals to identify emerging vulnerability. The review is supported by a regular medical assessment of the impact of detention on the health of the detainee.
• The centre promptly informs the Home Office of all women who may be vulnerable to harm in detention. The Home Office keeps centre staff informed about its assessment of risk to individual women.
• Staff are aware of issues around sexual exploitation and human trafficking and know how to identify potential victims. Relevant information is provided to women.
• Potential victims of trafficking are referred under the National Referral Mechanism (NRM). Any referral to the NRM should be made with informed consent whenever possible.

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

• There are time-limited processes under which custodial and/or health care staff report to the Home Office and, where appropriate, the local authority, any concerns about women who may be at risk of harm or neglect.
• All such reports are comprehensive and provide an assessment of the impact of detention on the detainee. Health care reports also provide an assessment of the appropriate therapeutic environment for the treatment of the detainee and are written by a professional suitably qualified for the task.
• The Home Office reviews the decision to detain promptly on receipt of such reports and following any other notification from the centre concerning the vulnerability of a detainee.
• The outcome of the review, with reasons, is communicated in writing to the centre and the detainee, and appropriate action is taken.
• The Home Office takes full account of the information provided when reviewing the decision to detain.
• On site Home Office staff follow up late review responses.

¹¹We do not refer specifically to Detention Centre Rule 35, which includes some but not all aspects of vulnerability.

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

• Potential victims of trafficking are not normally detained. If there are exceptional circumstances that result in them being detained, these are clearly documented.
• All staff, and particularly those working in health care, reception and first night care, are alert to the signs that a woman has been trafficked and have an understanding of the ways in which women may be affected by the experience of human trafficking.
• There is a local policy describing how women identified as potential victims of trafficking will be supported, which is advertised across the centre.
• There is a single nominated point of contact, with knowledge of how to support victims of human trafficking.
• Where appropriate, the NRM is used. Any referral is recorded and communicated appropriately to staff. Referrals are made with informed consent whenever possible.
• Care is taken to identify and use the real name of potential victims of human trafficking.
• Victims of human trafficking are offered support to re-establish contact with their families, if they choose to do so.
• Professional counselling is made available to women who need it.

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

• Women who have been victims of gender-based violence are not normally detained. If there are exceptional circumstances that result in them being detained, they are clearly documented.
• Women are encouraged to disclose any experience of domestic violence, rape or abuse, including female genital mutilation, and this triggers a review of their detention. Disclosure is managed sensitively by appropriately trained staff of the same gender.
• Women receive information on the support available to them on removal or release, including in the destination country.
• Centre staff work closely with external organisations to address the support needs of women who have experienced gender-based violence.
• If appropriate, women who have experienced domestic violence receive help to prepare safety plans.
• Women are encouraged to disclose any involvement in prostitution and are given access to information and support to address their specific needs.

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

• There is a clear strategy for preventing self-harm and suicide, which includes effective multidisciplinary procedures and care planning to help reduce risks. The strategy includes consideration of the specific risks to women.
• A multidisciplinary committee meets frequently and provides effective oversight and quality assurance of safer detention practice, policies and procedures. It is well attended by a range of staff and includes women.
• All staff, including night and escort staff, are clear about their responsibility to preserve life and what to do in an emergency.
• There are enough trained staff on duty at all times, including at night, to respond to any incidents of self-harm, and all custodial staff carry anti-ligature knives.
• Any data relevant to self-harm is closely monitored and any emerging patterns are acted on.
• The findings of investigations into deaths in custody and serious ‘near miss’ incidents are acted on and regularly reviewed. Recommendations for improvement are implemented.
• Staff are alert to and take seriously the vulnerability of detainees who are not eating. Missed meals are monitored and detainees are given encouragement, care and support to resume eating.
• Women’s families and friends and external agencies are encouraged to provide support, as well as information which may help to identify and support those likely to be bullied or who have a history of self-harming behaviour. Any information received from external agencies in relation to vulnerability is acknowledged and acted on appropriately.

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

• A thorough care and support process¹² identifies risks, needs, strategies for reducing risk and individual staff members responsible for supporting the detainee.
• All women are monitored at high-risk times, such as when appeals fail or removal is imminent.
• Staff engage in a supportive and constructive way with women at risk of self-harm.
• Reviews of those considered to be at risk of self-harm are chaired by a consistent case manager, who has relevant experience and expertise, and are attended by staff from a range of disciplines.
• Women can access a range of support services, and can involve their families, friends and external agencies in their care.
• Women have access to peer support, counsellors, Samaritans and other sources of external support in the local community. Wherever possible, assistance is provided by people who speak the same language as the woman.
• Separation and/or strip conditions are not used to manage the risk of self-harm.
• Constant supervision is only used when a detainee’s safety cannot be assured in any other way and for the minimum possible time. Staff create a positive environment that encourages and facilitates access to activity.
• Only female staff conduct constant supervision of detainees.

¹²IRCs currently use the ‘Assessment, Care in Detention and Teamwork’ (ACDT) process, developed in prisons, to support detainees at risk of self-harm.