Detainees are treated with respect by all staff. Effective complaints procedures are in place for detainees. There is understanding of detainees’ diverse cultural backgrounds. Detainees’ health care needs are met.

17. Detainees are treated with humanity and respect for their human dignity at all times. Relationships between detainees and staff are positive and courteous.

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

  • Staff and detainees are fair and courteous to each other.
  • Staff have training in and show proper regard for the uncertainty of detainees’ situations, particularly immigration issues and their cultural backgrounds.
  • Staff set a personal example in the way they carry out their duties.
  • Staff introduce themselves to new detainees and wear identification that clearly displays their name and status.
  • Information about detainees’ needs is communicated between staff sensitively.

18. Detainees have confidence in complaints procedures, which are effective, timely and well understood.

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

  • Detainees know how to provide feedback or to complain and have access to information about complaints procedures in a range of formats and languages.
  • Detainees have easy access to feedback and complaint forms in a range of languages.
  • Detainees can submit complaint forms confidentially at any time, including to the Home Office and/or the Independent Monitoring Board.
  • Responses to complaints are clear, respectful, prompt, and address all the issues raised.
  • Determined efforts are made to communicate responses to detainees who have left the facility.
  • Responses are communicated in the language in which the complaint was submitted.

19. The protected characteristics of detainees are recognised and addressed.

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

  • Detainees with protected characteristics are identified systematically on arrival and initial assessments take account of their specific needs.
  • Detainees with protected characteristics that would make them vulnerable to victimisation in detention, or who need assistance to complete everyday activities, are detained only in exceptional circumstances. When identified, they are referred to the Home Office for an immediate review of detention.
  • Staff promote awareness of equality, anticipating and addressing the needs of detainees.
  • Managers and staff promote an understanding of and demonstrate respect for all ethnic, national, cultural and other diverse groups. Inappropriate language or conduct by staff, visitors or detainees is challenged.

20. Detainees of all groups are treated equitably and according to their individual needs.

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

  • Professional interpretation is used wherever necessary to ensure effective communication with detainees who are not fluent in English.
  • Detainees are able to practise their religion and commonly needed religious items are available.
  • The facility provides for the needs of detainees and visitors with disabilities.

21. The specific needs of female detainees held in shared facilities are met.23

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

  • Female staffing ratios are appropriate to the size of the female population.
  • All staff have a clear understanding of the specific needs of women, including those who are separated from dependants and pregnant women.
  • Policies and procedures recognise the specific needs of women from the first point of detention.
  • Women in shared facilities have regular and equitable access to facilities and activities, with appropriate levels of privacy.
  • Women are provided with suitable hygiene and sanitary products.
  • Pregnant women are detained only in exceptional circumstances and receive appropriate support. Force is never used against them simply to effect removal. It is only used to prevent harm.

23See separate Expectations for women in immigration detention.

22. Detainees’ health care needs are met.

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

  • Detainees are promptly screened by health services staff on arrival.
  • All detainees have access to health care provided by suitably qualified staff.
  • Detainees held for more than 24 hours receive a health screening.
  • Detainees continue to have access to their prescribed medication unless it is discontinued on medical advice.
  • Substance use needs are identified and treated appropriately.

Human rights standards

Respectful treatment
In relation to expectations 17–22 above: Human rights standards recognise that places of detention should be managed in accordance with the obligation to respect the humanity and inherent dignity of those detained, and require that staff and managers have the necessary aptitude and training to perform their roles. See SMR 74.1, 75, 76, 79.1; EPR 71–77, 81, 83, 87.1; UNHCR–DG 8[48(xvi)]; CPT 6.

Staff working with detainees with particular vulnerabilities should be given specialised training. See EPR 81.

Human rights standards require detainees to be able to make requests and complaints and to do so without reprisal or punishment. Requests and complaints must be responded to promptly. See SMR 56, 57; EPR 70; BOP 33; UNHCR–DG 8 [48(xv)]; CPT 8.

Non-discrimination is a fundamental principle enshrined in human rights treaties and standards. See ICCPR 26; CERD 1, 2; CEDAW 1,2; ICESCR 2.2; CAT 1; CRPD 5. Human rights standards relating to places of detention should be applied impartially and without discrimination. See SMR 2; EPR 13; BOP 5. See additionally in relation to women BR 1, 30–33.

In addition to the general non-discrimination provisions set out above, there are specific human rights standards relating to some protected characteristics, including the following:

  • Detainees with disabilities: CRPD 2, 3, 5, 9, 14; SMR 5.2, 55.2, 109.2; UNHCR–DG 9.5.
  • Detainees from national, ethnic, cultural, religious or linguistic minorities: DRM 2; EPR 38. See additionally BR 54.
  • Sexual orientation and gender identity: UNHCR–DG 9.7; Yogyakarta Principles; Council of Europe Committee of Ministers, Recommendations on measures to combat discrimination on grounds of sexual orientation or gender identity.
  • Older detainees: UNHCR–DG 9.6.
  • Women: In relation to ensuring private accommodation for women, see UNHCR–DG 8[48(v)]; SMR 11; EPR 18.8.
  • All persons have the right to freedom of thought, conscience and religion. See ICCPR 18; ECHR 9. Human rights standards require that there be no discrimination on the grounds of religion or religious belief and that prisoners belonging to religious minorities must be able to profess and practise their religion without any interference, see EPR 13, 29; SMR 2, 65, 66; BOP 5; UNHCR–DG 8 [48(ix)].

See also standards relating to safeguarding vulnerable adults (in relation to expectations 5–8 above).

Standards require detainees’ health care needs to be assessed on arrival, including identifying all health care needs, the risk of self-harm and any previous ill-treatment. See EPR 40; SMR 30. See additionally in relation to women, BR 6–8. Standards require health needs to be monitored and met throughout detention. See EPR 39, 46; SMR 24, 27, 31–34 and additionally in relation to women BR 10, 11, and children, CRC 24; HR 49, 50.