The Home Office can detain people under immigration powers pending removal or while a decision is made, but the power has legal limits. Detention must be for a lawful purpose, for no longer than is reasonable in the circumstances, and must stop when it becomes clear that removal will not happen within a reasonable time. People are often held for longer than those limits allow.

The limits on detention

Detention is only lawful while there is a realistic prospect of removal within a reasonable period.
The Home Office must act with reasonable diligence and expedition to effect removal.
The adults at risk policy requires evidence of vulnerability (torture, trafficking, serious illness, mental health) to be weighed against the reasons for detention, and the balance shifts in favour of release as the evidence strengthens.
Detention must be reviewed regularly and reasons given.

Getting out

Immigration bail from the Home Office or the First-tier Tribunal, usually with conditions such as residence and reporting.
Representations for release under the adults at risk policy, supported by a report from the detention centre's healthcare team or an independent expert.
Judicial review where detention has become unlawful, with a claim for damages.

For families

You can call us on behalf of someone who is detained. We need their full name, date of birth, Home Office reference and the centre they are in. We visit detention centres and attend bail hearings by video.

What we do

We advise on the lawfulness of the detention from the first call, apply for bail, prepare adults-at-risk representations, and where detention has been unlawful we bring a claim for damages. Legal aid is usually available for detention and bail work.

If it is urgent

Detention, removal directions and short deadlines are dealt with the same day. Call 0161 222 5860 and say it is urgent; outside office hours leave a message with the detainee's name, where they are held and any reference numbers, and we will call back.