strapped prisons may have fewer incentives to offer
opportunities to people who they believe may be
deported within a short space of time. The prison
service policy, which says it ‘does not provide a policy
framework for the day-to-day management of foreign
national prisoners ‘does say they should be ‘managed in
the same way as British nationals while recognising
their individual needs.’6
One response of the government was to introduce
the hub and spoke system for allocating prisoners in May
2009. Previously, people in prison were allocated to a
prison primarily by location close to home and sentence
progression needs, as much as this is possible in an
overcrowded system. However, this system brought in a
new allocation process for category B and C male
prisoners. The hub and spoke
system was brought in to increase
the number of people deported
from prisons. It is based on a
service level agreement between
NOMS and UKBA. The six ‘hub’
prisons7 have UKBA staff working
in them full time and UKBA also
cover other prisons, known as the
‘spoke’ prisons. People were
allocated to these prisons in order
to facilitate UKBA working on
their immigration cases
There was no consultation
before the scheme came in and
the usual bodies (Prison
Inspectorate
and
other
stakeholders) were unaware that
it was being introduced. No
equality impact assessment was
done before the policy was
implemented and therefore the
Equalities and Human Rights
Commission (EHRC) appealed this. Following the EHRC
appeal, it was confirmed that prisoners could keep the
right to apply for a transfer to or out of a hub prison.
This could be for any number of reasons, such as family
visits, court attendance, or the need to do a particular
offending behaviour course. Applications must be
considered in the normal way and it would be unlawful
for a governor to refuse a transfer application on the
basis of immigration status alone.
The shift in allocation practice and the process of
transferring people meant that prisons were not being
used as places of rehabilitation but by default as
immigration processing or holding centres. Decisions on
allocating prisoners were taken purely on their assumed
immigration status as a potential deportee, overriding
the usual prison procedures that look at their closeness
to their family home, any health or disability needs and
their offending behaviour and sentence progression
needs.
However, prisons are not removal centres. The
purpose of prison is defined in statute as to encourage
and assist prisoners to lead a good and useful life. This
should apply to all people in prison and therefore
foreign national prisoners should be afforded
equivalent rehabilitative and resettlement opportunities
to those that British nationals receive.
This leads to the question of whether the purpose
of prison has significantly changed when holding this
population. Is the prison service
acting as an arm of the
immigration
service
and
warehousing people who are
eligible to be deported rather
than fulfilling its primary purpose
of rehabilitation? Defining and
managing people through the
prism of their immigration status
leads to discriminatory practice.
It is impossible to predict
how this policy change will
develop. However, under the
payment-by-results
agenda,
reoffending will be the key
assessment of success and the
criteria for accessing funding and
resources. If people are seen as
deportees, there is little interest in
whether they will reoffend in
another country and no statistics
are collected or held on this.
Foreign national prisoners are
already being excluded from opportunities to reduce
reoffending8. It is therefore unclear how they will fare
and how services to this vulnerable group will be
managed under this agenda.
The shift in
allocation practice
and the process of
transferring people
meant that prisons
were not being
used as places of
rehabilitation but by
default as
immigration
processing or
holding centres.
6.
7.
8.
9.
Legal advice
It is like trying to cross a busy road in the rush hour in
a foreign country. I do not know whose arm to take to
ensure I am not killed by the cars.9
Foreign national prisoners are amongst the most
vulnerable and in need of protection in prison. They may
Prison Service Instruction 52/2011 1.2.
HMPs Risley, Hewell, Morton Hall, The Mount, The Verne and Wormwood Scrubs. Morton Hall has subsequently been re-designated as
an immigration removal centre.
e.g. see HMIP’s Report of an announced inspection of HMP Canterbury, 16-20 July 2012.
Prisoner quoted in No Way Out, Prison Reform Trust 2012:11.
Issue 205
Prison Service Journal
47
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents