The changing approach to child detention
and its implications for immigration
detention in the UK
Hindpal Singh Bhui is Inspection Team Leader, HM Inspectorate of Prisons.1
In 2010, the government announced a new process
for deporting children and families, which has, in
turn, changed the approach to the immigration
detention of children.2 Although the degree to
which this new policy is affecting children’s
experiences of detention is disputed,3 it does seem
to be a substantial adjustment, resulting in fewer
detained children being held for less time and in
better conditions. In particular, the length of time
that families with children can be detained is now
limited to a week — a reform of considerable note
given that indefinite administrative detention,
stretching in some cases to years, still applies to
adult detainees.
The treatment of children in the immigration
system is rightly an issue that receives a great deal of
attention and this is consequently the area of detention
that has seen the most focused thinking and innovative
practice. However, there is no reason in principle why
changed thinking and improved practices in this area of
detention could not be replicated elsewhere. In this
article I discuss what these improvements might look
like, and argue that they could have far-reaching
consequences for the way that detention is viewed. The
recent changes have also exposed fundamental
questions about legitimacy and justice that are close to
the surface of all debates about immigration detention.
A mature and progressive dialogue about immigration
detention should address such issues directly.
Some context and history
A variety of factors in our rapidly globalising world
are fuelling migratory pressures, from economic disparity
1.
2.
3.
4.
5.
6.
7.
and poverty, to climate change, famine, and war. Some
people are moving because of persecution in home
states, but, as has been the case for centuries, many
others leave because they want a better life for
themselves and their families. Where easy legal means
do not exist, criminal networks have been able and
willing to exploit the desire of people to move between
countries, facilitating the growth of people smuggling
and human trafficking4.
Detention is a relatively recent part of the state’s
response to unwanted migration, only really gaining
popularity in the last century5. In the UK, it has been used
since the 1905 Aliens Act was passed to restrict
‘undesirable’ elements from entering the country.
However, the Act was not enthusiastically enforced and
resulted in little use of detention. The First World War
increased fear of outsiders and gave greater impetus to
attempts at regulation. The more far-reaching 1914 Aliens
Restriction Act led to tens of thousands of foreign
internees and was the first time that the hitherto relatively
liberal approach to immigration control appeared to be
substantially undermined6. But it is only since a succession
of immigration acts, beginning with the 1962 Act, that
attempts to limit immigration have become more serious
and systematic, with the first immigration detention
centres opening in the 1970s7. It has taken even longer
for detention to become an integral part of immigration
control. It has been commonly used since the 1990s,
increasing markedly in the last 10 years. In 1993 the
immigration detention estate still had a capacity of 250
places; it now holds around 3,000, with three large
purpose-built centres — Colnbrook (capacity 308), Brook
House (426) and an extension to Harmondsworth (total
centre capacity now 615) — opened since 2004.
This article is written in a personal capacity and does not necessarily represent the views of HM Chief Inspector of Prisons.
‘New Family Returns Process Begins’ http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/march/03new-family-returnsprocess.
Sambrook, C. (2012) The UK Border Agency’s long, punitive campaign against children (helped by G4S and Serco):
http://www.opendemocracy.net/ourkingdom/clare-sambrook/uk-border-agencys-long-punitive-campaign-against-children-helped-byg4s-an
e.g. Griffin, C.E. (2009), ‘Deportation and reintegration in the Caribbean and Latin America: addressing the development–security
paradox’, in William F. Mcdonald (Ed) Immigration, Crime and Justice. Sociology of Crime Law and Deviance, Volume 13. Emerald
Publishing.
Wilsher, D. (2012) Immigration Detention. Cambridge University Press.
Ibid.
Bacon, C. (2005) The Evolution of Immigration Detention in the UK: The Involvement of Private Prison Companies. Refugee Studies
Centre Working Paper 27, University of Oxford: http://www.rsc.ox.ac.uk/publications/working-papersfolder_contents/RSCworkingpaper27.pdf
Issue 205
Prison Service Journal
23
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