Guidance

Detention on reporting (accessible)

Updated 18 March 2024

Version 1.0

About this guidance

This guidance tells you about the powers, policy and practice governing the detention of individuals under Immigration Act powers. Special considerations in relation to foreign national offenders who are liable to deportation are dealt with in FNO detention and detention reviews.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors contact the detention lead for your business area who will email Enforcement Policy.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

• version 1.0

• published for Home Office staff on 18 January 2023

Changes from last version of this guidance

This is new guidance.

Related content

National Generic Risk Assessment – Detention on Reporting by offender managers National Generic Risk Assessment – Detention on Reporting where an arrest may take place

Detention during a reporting event

This page tells you when Detention on reporting is appropriate at a reporting centre or designated place of detention (DPD).

Detention on reporting (DoR) is when a person is detained at a reporting centre or police station during their reporting event. It is an efficient and low risk way of apprehending a person who is imminently removable. In addition to not requiring an arrest team to conduct a visit to the person’s address, DoR in a controlled environment can be an effective option to mitigate perceived risks to the person being detained or the arrest team in high harm or medical risk cases.

DoR can also be used to facilitate a face-to-face interview between the person concerned and an embassy official in order to secure an emergency travel document (ETD).

This guidance should be read in conjunction with Detention of pregnant women and the “medical conditions” section of Arranging removal.

See also:

Authorisation of detention section in Detention general instructions Reporting and offender management

Definition of offender manager

Once authorised in line with general detention policy and the Adults at Risk in Immigration Detention policy (where relevant), reporting and offender management (ROM) detentions within reporting centres will be conducted by offender managers (executive officer grade) using Secretary of State powers and in line with Short-term Holding Facility Rules 2018 (SI 409/2018). Administrative officers (AOs) can also conduct DoRs by serving paperwork on behalf of the offender manager.

Note that DoR at police stations must be conducted by warranted officers.

Referring detentions on reporting

Other than in instances where urgent or hot taskings are made, DoRs are tasked through the Atlas Reporting Service. See: Returns – CID actions for more information.

The referring officer from the casework unit is responsible for completing the following tasks:

• raise the Reporting – Detain on Reporting Request on Atlas

• ensure that the ICD.2599 Immigration Factual Summary is on Atlas Manage Documents

• produce the family separation document if required, see family separation process

• update ‘Person Alerts’ on Atlas with any known issues that the offender manager who will carry out the detention must be aware of, for example:

  • medical concerns

  • pregnancy

  • mental health issues

  • any other vulnerability that may engage the Adults at Risk in Immigration Detention policy

  • self-harm

  • threats of violence

  • social services involvement

Note that the above list is not exhaustive. If the caseworker identifies any vulnerability that may engage the Adults at Risk in Immigration Detention policy they must consider whether detention is appropriate in line with the policy. Medical assessments take place on admission to detention in accordance with Detention Centre Rule 34 for individuals detained in IRCs, or rule 30 of the Short-term Holding Facility Rules in Short-Term Holding Facilities/holding rooms.

If an urgent referral is received from the Tasking Co-ordination Group (TCG), the ROM manager will consider whether to submit the case for consideration for hot tasking. Hot tasking requires Chief Immigration Officer (CIO) or Higher Executive Officer (HEO) authorisation.

See: Enforcement planning assessments

Tasking of detention on reporting

Role of ROM manager

The reporting and offender management (ROM) manager (also known as the ROM lead) will review all detention on reporting (DoR) referrals, prioritising against available resources and performance targets before the weekly tasking and coordination group (TCG) meeting. This decision process will establish whether specific referrals are suitable for DoR, or an arrest team visit, liaising with the TCG as appropriate.

Whilst the majority of DoRs are referred by a casework unit, it is possible for the ROM to make the referral itself. In these circumstances, they will be double checked and reviewed by the ROM lead against the criteria above.

The ROM manager is responsible for completing the following tasks when reviewing detention on reporting referrals:

• review all detention on reporting tasking requests

• check on Atlas the following screens to confirm the case status has not changed:

  • ‘Person Alerts’

  • ‘Potential Barriers’ on Atlas for evidence of outstanding barriers

  • Check ‘Person Summary View’ for recent relevant changes

• upon detention arrange for bail to be ceased and reporting to be closed, see Immigration bail for full details

• if the case is a potential charter flight removal referral, the referral form should have been copied to the charter inbox by the referring unit, see Arranging removal

• review case details in line with generic and local risk assessments and safe systems of work instructions

• complete a Police National Computer check and update Atlas Person Alerts with the results.

• the ROM team, note any risk factors and proposed mitigating actions:

• this must also include what actions might be needed for requesting a special needs-adapted vehicle or a healthcare professional and whether the caseworking unit has provided enough details on a medical condition, or whether further information is required

• complete a local risk assessment if required by agreed local safe systems of work instructions

• review the proposed date for the detention on reporting, in line with available resources and performance targets

• attend the weekly TCG and recommend whether to accept or reject the referral

• action the ‘Detain on Reporting Service Request’ on Atlas with the TCG decision as to whether it was accepted or rejected by the Immigration Compliance and Enforcement (ICE) or ROM lead (or the designated authority):

  • if the tasking request is rejected, provide constructive feedback

DoR: risk management

Each ROM is required to complete their own risk assessment and safe system of work (SSOW) which are specific to the individual reporting centre or police reporting ROM team. Local SSOWs must be signed off by the ROM or ICE lead and accessible to all relevant staff.

All staff conducting DoRs must be trained to a minimum of level 2 of the Home Office personal safety training (PST) programme and must wear personal protective equipment (PPE). Staff are required to complete an annual PST refresher.

Where appropriate the individual who is required to report is asked to sign the ASL.3751 Medical Consent Form at their usual reporting events. ROM staff will update Atlas ‘Person Alerts’ with medical information and notification of medication.

Referring units will update Atlas ‘Person Alerts’ screen with medical information taken from the case history.

Preparing for detention on reporting

Reporting and offender management team actions

Before the proposed day of detention the ROM team is responsible for completing the following:

• review the ‘Tasking Referral’ submitted by the referring unit

• review the ICD.2599 Immigration Factual Summary and any associated paperwork submitted by the referring unit, ensuring all paperwork remains valid and updated accordingly

• pre-verify detention as detailed in the Detention gatekeeper process instructions

• review the risk assessment detailed by the work-flow manager at the tasking stage, and the local risk assessment if produced

• ensure understanding of any potential risks and proposed mitigating action

• accept ‘Detain on Reporting Request’ on Atlas and update Managed Reporting Appointments (MRA) to show a detention on reporting is planned - once accepted it is deemed that the above actions and relevant sign-off process has been completed

• inform the reporting officers (counter team members), the front of house security team and the detention and escorting contractor, in line with local SSOW, that a detention on reporting is booked

DoR: Detention Gatekeeper (DGK) process instructions

The detaining unit and DGK will complete the following to make sure the detention takes place:

• ROM team identify a case suitable for detention (from tasking referral or self- generated) where planned detention date is at least 3 working days away

• offender manager (OM) completes the Atlas ‘Detention Gatekeeper Referral Pre-verification’

• DGK will confirm whether they accept or reject the case

• DGK will confirm a detention bed with Detainee Escorting and Population Management Unit (DEPMU) and arrange, for example, special vans or medical professionals (if a special van or medical professional is required this may require longer than 72 hours notice)

• complete detention following safe system of work (SSOW)

• when completing the mitigating circumstances interview and something previously unknown is raised, consider whether it is appropriate to proceed with detention without reference to gatekeeper first

• if nothing has changed, DGK should be able to accept the live referral as details have been pre-verified:

  • if something has changed or new information comes to light, gatekeeper service level of agreement (SLA) is one hour to respond to confirm acceptance or rejection

• where case is accepted, ownership sits with DGK who will allocate onward to appropriate detention management team

• Detaining team ceases bail and completes ‘Reporting Closure Request’ on

Atlas and ‘Reporting - Record Intervention’ outcome on Atlas and arrange MRA to be updated

• Open detention via ‘Detention Service’ on Atlas.

• DGK arranges for movement order and 24 hour detention review to be completed

• release issues after detention acceptance by gatekeeper will be owned by either DGK or appropriate detention management team

Official – sensitive: start of section

The information in this section has been removed as it is restricted for internal Home Office use.

Official – sensitive: end of section

Conducting detentions on reporting

Role of offender manager

An offender manager will be appointed as lead officer for each detention on reporting (DoR). Before the planned detention, it is the responsibility of this lead officer to ensure that the following have been completed. These tasks must be completed either on the day before the planned detention, or the day of the planned detention to ensure the most up to date information is available.

Actions before planned detention

You must:

• check on Atlas the following to confirm the case status has not changed:

  • ’Person Alerts’

  • ‘Person Summary View (PSV)’ and ’Potential Barriers’ for outstanding barriers

• check the outcome of the Detention Gatekeeper pre-verification on Atlas.

• prepare on Atlas an:

  • IS.91 Detention Form

  • IS.91R Notice to Detainee Reasons for Detention

  • IS.91RA Part A Risk Assessment

  • IS.86 Notification of Requirement to Provide Biometrics (Fingerprints and a Facial Image) (where required)

  • Bail 401 and Bail 403(Bail Information)

  • ASL.3753 Medical in Confidence, where necessary

• print from Atlas any documents the casework unit has noted on the Tasking Request or Offender Manager has deemed necessary to be served on the person on their detention:

  • if the casework unit has requested a decision is served, the detaining officer must date the decision before printing and update Atlas

• once the front of house security team has confirmed the individual who is required to report has arrived, the lead officer is responsible for ensuring the following tasks are completed, with the order of these tasks being decided by local safe systems of work (SSOW)

Individual who is required to report on bail

If the individual who is required to report is currently on bail, ensure that the first action is to vary the bail as described in the procedure for re-detaining immigration offenders released on bail in Immigration bail.

Mitigating circumstances interview

Conduct an interview and update the mitigating circumstances details held. It is important the following areas are covered, details of any:

• relatives and dependants, particularly children under 18

• spouse or partner and duration of relationship

• current, new, previously undisclosed medical conditions and medication required, or special needs, or other vulnerability that could engage the Adults at Risk in Immigration Detention policy

• offer of voluntary departure – to be recorded on Atlas ‘View and Record Communications’

If the mitigating circumstances interview reveals a previously unknown issue, the detaining officer must discuss the details gathered during the interview with the appropriate level of authority (HEO or CIO) and seek final authorisation to detain.

In addition, where necessary the detaining officer must:

• take the individual who is required to report’s photograph and load onto Atlas

• the photograph of the individual who is required to report can then be downloaded to the IS.91 Detention Form

Actions on detention

The offender manager (OM) is responsible for carrying out the detention using information provided by the referring casework unit on the Tasking Request, the ICD.2599 Immigration Factual Summary and information detailed on Atlas, as the ROM team will not have the Home Office file. The OM is responsible for ensuring the following tasks are completed:

• serve on the detention and escorting contractor the IS.91 Detention Form, which gives them formal notice that the person has been detained, the IS.91RA Detention Risk Assessment and the ASL.3753 Medical in Confidence, if applicable

• serve on and explain to the individual who is required to report the IS.91R Notice to Detainee Reasons for Detention, the detainee is notified by the IS.91R that they are now detained and the reasons for their detention

• serve on the individual who is required to report the ICD.2599 Immigration Factual Summary any documents the casework unit has noted on the Tasking Request to be served at the detention

• serve the Bail 401 and Bail 403 (Bail Information) to detainee informing them of their bail rights

DoR: use of force

A non-arrest trained officer, acting on behalf of the Secretary of State to carry out a detention, is not allowed to restrain or use force on an individual during any point of the detention process unless this is to protect themselves or others. This includes moving an individual from the reporting area into either the interview room or the holding room. If the individual fails to comply and refuses to move, the detention contractor (after detention only) or arrest-trained officers will need to physically escort the person, using reasonable force if necessary.

DoR: after detention

Once responsibility for the detained individual has been transferred to the detention and escorting contractor, the lead officer is responsible for ensuring the following closing tasks are completed:

• update the ’Detention Service’ on Atlas’

• complete a live ‘Detention Gatekeeper Referral’

• complete the outcome of the ‘Detain on Reporting’ intervention on MRA and Atlas

• serve copy papers to the detained individual’s legal representative by post or email, and retain delivery receipt

• if the casework unit requested a decision to be served at the DoR event update Atlas as appropriate

• cancel all future reporting events on MRA

• cease bail on Atlas

The DGK will take ownership of the case once they have accepted it.

DoR: Immigration Officer-led detentions

Arrest Trained Immigration Officers (IOs) will carry out a DoR instead of ROM appointed officers in specific locations that are not designated places of detention (DPD), for example a reporting centre without a holding room. In the context of this guidance, reporting centres with holding rooms and police stations are DPD.

See: Immigration (Places of Detention) Direction 2021 for a full list of DPDs.

IOs will also conduct detentions during reporting events at police stations and at reporting centres with holding rooms where the detention contractor cannot attend and / or the risk assessment indicates that the use of force may be required.

Where IOs are required to carry out the detention, this will be tasked and allocated at the TCG. Otherwise, completion of the administrative preparation and after detention actions, including Atlas updates, is to be agreed through local liaison between the ROM and the ICE team.

Where IOs are used to undertake detentions on reporting, a different recording process will be required on PRONTO. This will be in addition to the required recording on Atlas.

The following scenarios will help an IO determine how to proceed and record such events:

IO-led DoR conducted at a DPD

A person can be detained in a DPD under Section 16(2) of Schedule 2 of the Immigration Act 1971 or Section 62 of the Nationality Immigration and Asylum Act

1. However, there are a limited number of scenarios where you may need to arrest under schedule 2 to the Immigration Act 1971 (IA71) powers within the DPD. This can include where you need to search the person, which you do not have the power to do without arresting them. Short term holding facility (STHF) Rule 10 contains the provision to search a person when first detained, at reception to a STHF and when considered necessary thereafter. Similarly, you will need to arrest the person under schedule 2 powers in order to subsequently enter and search any premises occupied or controlled or in which that person was immediately before being detained, under paragraph 25A of schedule 2, or to enter and search a specified third-party premises under a paragraph 25A (6A) of schedule 2 warrant.

See coercive powers for full details of schedule 2 administrative powers. When there is a necessity to arrest the person you must:

• arrest the person under paragraph 17(1) of schedule 2 to the IA71

• record the arrest on PRONTO

If you do not arrest the person, you still need to record the event outcome on PRONTO.

IO-led DoR at a location that is not a DPD

When conducting a detention at a location that is not a DPD, you will need to arrest the person to transport them to a DPD:

• arrest the person under paragraph 17(1) of schedule 2 to the IA71

• record the event on PRONTO

For full details of how to record events on PRONTO, see Pronto user guide.

DoR: failure to report

If an individual who is required to report fails to attend their reporting event the ROM manager must discuss the case with the duty CIO. A decision is then taken and recorded on Atlas whether to reschedule the DoR or whether an arrest team home visit is required.

In all cases the standard failure to report administrative actions must be completed. See: Non-compliance and absconder process.