Detainees may have visits during visiting hours. All visits take place within the sight of a detention centre officer, but not within their hearing. There are no limits on the frequency of visits, but visits are required to take place during visiting hours. As long as visitors provide the requested forms of identification there is no obstacle to their visiting. Individual visitors may be prohibited for reasons of security but this cannot be applied to a legal adviser. Media and politicians have no special access but may be treated like other visitors. Detainees are issued with a mobile phone that is not capable of taking photographs. Although the signal may be poor in parts of some IRC, it is usually possible for detainees to communicate with people outside.
There are NGOs who provide support to detainees. Each IRC has a visitors’ group, which is an organisation of volunteer visitors (AVID) who provide support, practical help and friendship to detainees. Some visitors’ groups such as Detention Action engage in policy and advocacy work and research. Bail for Immigration Detainees (BID) provides advice and information for detainees generally including self-help packs to make bail applications. The charity Medical Justice works for good medical care for immigration detainees and to obtain evidence of torture and the release of those who are ill. UNHCR does not have the capacity to represent people in detention and in practice detainees rarely seek help from the UNHCR.
BID has carried out surveys twice a year since 2010 and found that, in relation to immigration detainees held in IRC, usually between 43% and 69% of detainees had legal representatives. The latest figure, published following its survey in spring 2019, was 64%. 31% were paying a solicitor privately. One in six at the time of the last survey had never had a legal representative while they were in detention. There are concerns among NGOs about the movement of detainees between different centres, and the resulting disruption in their access to legal advice.
BID, Legal Advice Survey, spring 2019, available at: https://go.aws/2uVqBrs.