Guidance

Equality impact assessment: residential holding rooms

Updated 23 October 2024

1. Name and outline of policy proposal, guidance, or operational activity

Title: Short-term Holding Facility Rules - Residential Holding Rooms

To amend the existing Short-term Holding Facility Rules 2018 (“the STHF Rules 2018”) to create a new type of detention facility. This will be known as a “residential holding room” (RHR) where individuals can be detained for up to 96 hours, subject to extension in exceptional circumstances.

Existing STHF Rules

The STHF Rules 2018 govern detention in STHFs. There are currently two types of STHFs: residential STHFs, and non-residential STHFs (otherwise known as holding rooms). These types of facilities have different legal requirements and time limits.

Residential STHFs are subject to the STHF Rules 2018 in full and have a detention time limit of 5 days (though this can be extended by a further 2 days, to a maximum of 7 days if removal directions for the person are set within that period).

Holding rooms are subject to a time limit of 24 hours (subject to extension in exceptional circumstances), and to reflect the limited nature of their facilities, several of the provisions of the STHF Rules 2018 are either disapplied or applied in modified form for holding rooms. The STHF Rules 2018 lay down specific requirements as to the conditions that must be maintained in holding rooms and the facilities that must be provided to migrants whilst detained in holding rooms. The way that this is done, per Rule 6, is to list those provisions of the 2018 Rules which do not apply to holding rooms, or apply subject to modification. In other words, some of the minimum standards imposed in respect of (up to) 5-day detention in the STHF are disapplied in respect of (up to) 24-hour detention in a holding room, such that holding rooms are subject to their own specific regime.

Background

The purpose of the creation of RHRs is to provide operational teams with more time to carry out the immigration functions of processing arrivals and completing initial security checks.

45,755 people were detected arriving by small boats in 2022. Those individuals who have crossed the Channel are detained for a short period to undertake processing and security checks at Manston in Kent, which is our main reception facility for small boat arrivals. The number of people arriving is unprecedented and we are working hard to meet our statutory obligations in relation both to detention and providing accommodation for those otherwise destitute while keeping children safe.

Manston has been operating under the Short-Term Holding Facility (STHF) Rules 2018 as a holding room. Consequently, under the STHF Rules 2018, a 24-hour detention time limit (subject to extension in exceptional circumstances) applies to it. However, when there are significant numbers of arrivals within a short period it has proved very challenging to undertake processing and security checks within this 24-hour timeframe.

Manston is a unique type of detention facility, and there is a need to create a new type of facility to process migrant arrivals with its own bespoke time limit and rules.

In practice, this rule change will mean that the majority of the Manston site will continue to operate as a holding room whilst small boat arrivals remain within manageable levels, to which the existing 24-hour detention time limit will continue to apply. However, where required, the availability of a residential holding room will provide staff with longer time to process people and complete initial checks, thereby reducing pressures at times when there are large numbers of arrivals.

Facilities in a Residential Holding Room

A residential holding room will need to provide more extensive facilities than are available in holding rooms to reflect the fact it may be used for a longer period of detention. These include:

• Rule 13 (accommodation)

• Rule 14 (sleeping accommodation)

• Rule 16 (clothing)

• Rule 18 (hygiene)

• Rule 20 (time in open air)

• Rule 30 (medical screening)

• Rule 32 (special illnesses and conditions).

In addition, the following rules which apply to holding rooms in a modified form will be amended to apply to residential holding rooms:

• Rule 15 (families and minors)

• Rule 23 (outside contacts)

• Rule 27 (legal adviser)

• Rule 31 (general medical care)

A number of the STHF rules which are disapplied insofar as holding rooms are concerned will be similarly disapplied for residential holding rooms. We will also update the STHF 2018 guidance to reflect these Regulations and set out the requirements of residential holding rooms in further detail.

2. Summary of the evidence considered in demonstrating due regard to the Public Sector Equality Duty

Published statistics:

Irregular migration detailed dataset and summary tables - GOV.UK (www.gov.uk)

Detention Guidance:

Detention General instructions (publishing.service.gov.uk)

Short term holding facility guidance:

STHF-rules-operational-guidance-v1.0-EXT.pdf (publishing.service.gov.uk)

Adults at risk in immigration detention guidance:

Adults at risk in immigration detention.docx (publishing.service.gov.uk)

Detention Services Orders:

Detention services orders - GOV.UK (www.gov.uk)

Section 55 the Borders, Citizenship and Immigration Act 2009:

https://www.legislation.gov.uk/ukpga/2009/11/section/55

Equalities Act 2010:

https://www.legislation.gov.uk/ukpga/2010/15/contents

3a. Consideration of limb 1 of the duty: Eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act

Age

Schedule 3 to the Equality Act 2010 permits exceptions in relation to functions exercised under certain immigration legislation in relation to age and nationality and ethnic or national origins. Its effect is that discrimination that is authorised or required by legislation and the Immigration Rules is not unlawful.

Direct Discrimination

We do not anticipate this policy change will result in direct discrimination on the basis of this protected characteristic, anyone of any age can be detained in a RHR.

Indirect Discrimination

It is possible that due to the demographics of the cohort of those arriving by small boats, people of some age groups may be more impacted than others.

Published Home Office statistics demonstrate that 36,677 of those arriving in small boats between January and December 2022 were over 18, and 7,117 were under 18. The data breaks down small boat arrivals by age further:

Age	Number of arrivals
Under 18	7,117
18-24	15,786
25-39	17,678
Over 40	3,213

Therefore, those aged 18-39 are more likely to be indirectly impacted by this change than others as they are more likely to be held in RHRs than other age groups. However, any person of any age, including under 18 who arrives by small boat could be detained for initial processing at an RHR.

Schedule 3 to the Equality Act 2010 permits exceptions in relation to functions exercised under certain immigration legislation in relation to age and nationality and ethnic or national origins.

Mitigations

Longer periods of detention are likely to impact children more than adults. To mitigate this risk, we will prioritise children with families and unaccompanied children for processing to reduce the likelihood that they will be detained in an RHR, and should they be detained within a RHR in order to minimise the amount of time children are detained. Therefore, children under 18 may be less impacted by this change than persons over 18, who may be kept in a RHR for longer. This differentiation on the grounds of age is justifiable in order to fulfil the duty created by Section 55 of the Borders, Citizenship and Immigration Act 2009 to make arrangements for ensuring that immigration, asylum and nationality functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the UK.

Therefore, we do not consider that the introduction of RHRs will have a disproportionate impact upon people on the basis of this protected characteristic, but to the extent that it does we consider this is a proportionate means of achieving a legitimate of allowing initial checks and processing to take place on those arriving by small boats.

Disability

For the purposes of the Equality Act 2010, disability is described as being: “A physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on an individual’s ability to carry out normal daily activities”.

The Home Office does not collect data on the number of people arriving by small boats broken down by disability as defined by the Equality Act 2010.

Direct Discrimination

We do not anticipate this policy change will result in direct discrimination in relation to this protected characteristic. Notwithstanding that, the Home Office has a duty to provide reasonable adjustments for those with a disability.

Indirect Discrimination

Individuals with this protected characteristic may be adversely affected by their experience of detention, and persons with disabilities are included as an indicator of risk within the Adults at Risk policy. Disabled people may have particular medical needs and/or require aids or other facilities, though this will vary depending on the nature or severity of an individual’s disability.

Mitigations and Reasonable Adjustments

Safeguarding and duty of care considerations are at the forefront of any decision making.

Rule 30 (medical screening) as modified for RHRs provides that all detained individuals must undergo a health care screening within 24 hours of admission to a RHR, thereby providing the means to identify individuals with a mental or physical disability, where that is not otherwise apparent. Rule 31 (general medical care) as modified for RHRs requires detained individuals to have prompt access to a health care professional. Rule 32 (special illnesses and conditions) as modified for RHRs provides that where a healthcare professional identifies any immediate risk to a person’s health, this would include where this is caused by a mental or physical disability, this is notified to the manager, arrangements are made for the person’s medical care and their detention is reviewed as soon as practicable. Those not considered suitable for continued detention will be released.

We do not consider that the introduction of RHRs will have a disproportionate impact upon people with disabilities, but to the extent that it does, we consider that this is a proportionate means of achieving the legitimate aim of allowing initial checks/processing to take place.

Gender Reassignment

The Home Office does not collect data on those arriving by small boats by gender reassignment. It is important to note Transgender or intersex persons will be respected and treated according to the gender that they identify and live as.

Direct Discrimination

We do not anticipate that the introduction of RHRs will result in direct discrimination in relation to this protected characteristic. Those who arrive on small boats with this characteristic are just as likely to be held in a RHR as those without.

Indirect Discrimination

We understand the risk of those with this characteristic (such as transgender or gender fluid) in an environment that could be potentially harmful to them. There are existing measures in place to provide adequate safeguards for transsexual persons in detention, whether in STHFs or elsewhere in the detention estate.

Mitigations

Short-term holding facilities (STHFs) including RHRs must treat transsexual detained individuals as members of the gender in which they live. Detained individuals who consider themselves transsexual, and who have undergone, are beginning to undergo, or wish to begin gender reassignment, must be permitted to live permanently in their acquired gender. Detention services order 11/2012 sets out caring for and managing transsexual individuals in immigration detention.

Transsexual people may be more likely to be at risk of being victims of bullying. By virtue of Rule 34 (requests and complaints), detained individuals in STHFs are entitled to submit complaints, and have those complaints investigated, where they feel they have been the victim of mistreatment, including as a result of gender reassignment.

We do not consider that the introduction of RHRs will have a disproportionate impact upon people with this characteristic, but to the extent that it does, we consider that this is a proportionate means of achieving the legitimate aim of allowing initial checks/processing to take place.

Marriage and Civil Partnership

The Home Office does not collect data on the marital status of those arriving by small boats, however it is noted that most of those arriving are lone males, as demonstrated by the published statistics.

Direct Discrimination

We do not anticipate the introduction of RHRs will result in direct discrimination on with the basis of this protected characteristic.

Indirect Discrimination

We do not consider that this amendment to the rules will have a disproportionate impact upon people of this protected characteristic, but to the extent that it does, we consider that this is a proportionate means of achieving the legitimate aim of allowing initial checks and processing to take place on those arriving by small boats.

Pregnancy and Maternity

The Home Office does not collect data on those arriving by small boats who are pregnant.

Direct Discrimination

We do not anticipate this policy change will result in direct discrimination on the basis of this protected characteristic. Pregnancy will not be a determining factor in deciding whether or not an individual is detained in an RHR and therefore direct discrimination is not considered to arise.

Indirect Discrimination

The Home Office accepts that individuals with this protected characteristic may be adversely affected by their experience of detention, and pregnancy is included as an indicator of risk within the Adults at Risk policy. Pregnant females may have particular medical needs and/or require reasonable adjustments. This risk is likely to be affected by factors such as the woman’s age, her medical history and the stage her pregnancy has reached.

Mitigations

Although Section 60 of the Immigration Act 2016 provides limitations on the detention of pregnant women, this only applies where they are detained pending removal or deportation, and does not apply where they are detained for initial checks and processing. However, safeguarding and duty of care considerations are at the forefront of any decision making and where a person is identified as being pregnant, they would be prioritised for processing at Manston to ensure any detention period is kept to an absolute minimum.

Rule 30 (medical screening) as modified for RHRs provides the means to identify individuals who are pregnant, where that is not otherwise apparent. Rule 31 (general medical care) as modified for RHRs requires detained individuals to have prompt access to a health care professional. Rule 32 (special illnesses and conditions) as modified for RHRs provides that where a healthcare professional identifies any immediate risk to a person’s health, this would include where a person is pregnant, this is notified to the manager, arrangements are made for the person and their detention is reviewed. Those not considered suitable for continued detention will be released.

DSO 5/2016 (Pregnant Women in the Detention Estate) covers the provision of facilities for pregnant women in holding rooms, and this will apply to RHRs.

We do not consider that the introduction of RHRs will have a disproportionate impact upon people with this characteristic, but to the extent that it does, we consider that this is a proportionate means of achieving the legitimate aim of allowing initial checks/processing to take place.

Race

The definition of race as a protected characteristic within the Equality Act 2010 includes reference to nationality. The cohort of people who are arriving by small boats is made up of non-UK nationals. Immigration control necessitates overseas nationals being subject to considerations not applicable to UK nationals and will inherently impact some nationalities disproportionately.

Direct Discrimination

We do not anticipate the introduction of RHRs will result in direct discrimination on the basis of a persons race.

Published Home Office detention policy does not exclude any groups from immigration detention on the grounds of race or nationality: any individual subject to immigration control may, in principle, be detained, provided that the statutory powers of detention apply and that their detention is in line with published Home Office policy on the use of detention.

Indirect Discrimination

The cohort of people arriving by small boats is, by definition, made up of overseas nationals, and as such this change may disproportionately affect some nationalities. Published Home Office statistics demonstrate that the top five nationalities arriving by small boats, and therefore likely to be held at a RHR are: Albania, Afghanistan, Iran, Iraq and Syria.

This impact is inherent to the introduction of any changes to immigration detention. We do not consider that the amendment to the rules will have a disproportionate impact upon people with this characteristic, but to the extent that it does, we consider that this is a proportionate means of achieving the legitimate aim of allowing initial checks/processing to take place.

Religion or Belief

Direct Discrimination

We do not anticipate that the introduction of RHRs will result indirect discrimination on the basis of this protected characteristic.

Indirect Discrimination

The cohort of people arriving by small boats, is made up of a number of different religions, and as such this change may disproportionately affect some religions more than others.

Published Home Office statistics demonstrate that the top five nationalities arriving by small boats, and therefore likely to be held at a RHR are: Albania, Afghanistan, Iran, Iraq and Syria. Although data is not held on the religion of those arriving, the largest religion in each of those five countries is Islam. Therefore, there may be some indirect disproportionate impact on those who practice Islam.

Mitigations

Rules 21 and 22 (religion) require STHFs to take account, as far as practicable, of the different religious and cultural backgrounds of detained individuals and for a detained individual’s religion to be recorded, if they so wish. Facilities are available at Manston to allow persons to practice their religion, where practical.

This impact is inherent to the introduction of any changes to immigration detention. We do not consider that the introduction of RHRs will have a significant disproportionate impact upon people with this characteristic, but to the extent that it does, we consider that this is a proportionate means of achieving the legitimate aim of allowing initial checks/processing to take place.

Sex

Direct Discrimination

We do not anticipate the introduction of RHRs will result in a direct discrimination on the basis of this protected characteristic.

Indirect Discrimination

Published Home Office statistics show that for small boat arrivals in 2022, 38,225 were adult males, and 5,150 were adult females. The fact that there are significantly more males than females who are arriving by small boats, suggests that males may be more likely to be impacted by the creation of RHRs.

As such, this change may disproportionately impact males, as a greater number of males will fall within its scope. This is inherent to the introduction of any changes to immigration detention, as the immigration detention cohort is predominantly male, and as such we believe the purpose behind the Rules change justify this potential impact.

Mitigations

Rule 14 (sleeping accommodation) provides that, except for detained families, detained individuals must be provided with separate sleeping accommodation from detained individuals of the opposite sex.

Rule 30 (medical screening) provides that detained persons are entitled, if they so request, to be screened only by a health care professional of the same sex. It also provides that managers must ensure detained persons are aware of this entitlement prior to any screening taking place.

We do not consider that the introduction of RHRs will have a significant disproportionate impact upon people on the basis of their sex, but to the extent that it does, we consider that this is a proportionate means of achieving the legitimate aim of allowing initial checks/processing to take place.

Sexual Orientation

The Home Office does not collate data on the number of people entering detention in STHFs (or other types of detention facility) broken down by sexual orientation, and will not be aware of a person’s sexual orientation unless they choose to disclose it.

Direct Discrimination

We do not anticipate that the introduction of RHRs will result in direct discrimination on the basis of this protected characteristic.

Indirect Discrimination

The Home Office recognises that, where an LGB detained person’s sexuality is openly expressed, or otherwise known, they may be more likely to be at risk of being a victim of bullying and therefore may be more likely to be adversely affected by their experience of detention.

Mitigations

Supplier staff, DCOs and Home Office staff working in residential and non-residential STHFs receive training in equality and diversity.

Rule 34 (requests and complaints), detained individuals in STHFs are entitled to submit complaints, and have those complaints investigated, where they feel they have been the victim of mistreatment, including as a result of gender reassignment.

We do not consider that the amendment to the rules will have a disproportionate impact upon people with this characteristic, but to the extent that it does, we consider that this is a proportionate means of achieving the legitimate aim of allowing initial checks/processing to take place.

3b. Consideration of limb 2: Advance equality of opportunity between people who share a protected characteristic and people who do not share it

Under section 2(1) of Schedule 18 to the EA, the requirement under section 149(1)(b) to advance equality of opportunity between those who have a protected characteristic, and those who do not, does not have to be considered in relation to immigration and nationality functions in respect of age, race (where race relates to nationality, ethnic, or national origins), religion or belief.

We acknowledge that, with regards to ‘encouraging persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.’ there is a limitation on participation in public life for individuals detained in RHRs. This restriction is inherent to the nature of immigration detention and will apply to any person who is detained throughout the detention estate regardless of any protected characteristic, therefore we do not believe this disproportionately disadvantages any particular group.

Age

Children under 18 will prioritised for processing to reduce the likelihood they will be placed in RHRs, or where they are, this is for the shortest period possible.

Disability

The Equality Act 2010 places a duty on public bodies which requires them to make reasonable adjustments for individuals with a disability (including mental health and learning disabilities) so that they are not disadvantaged. In any circumstances where an individual is detained, it is possible that an individual with a physical or mental disability may require additional support, which is provided in line with these rules and, for example literature in accessible formats, access to medication or adjustments to accommodation or escorting vehicles. When making a detention decision, consideration must be given as to whether those needs can be met in detention or RHRs. Mental and physical disabilities will be taken into account in any decision on prioritising processing and will be considered in accordance with the Adults at Risk policy.

Gender Reassignment

The Home Office accepts that people with the protected characteristic of gender reassignment are more likely to be victims of bullying. They may therefore be adversely affected by being detained in close proximity to other individuals, some of whom may hold trans-phobic views. Gender reassignment will be taken into account in accordance with the Adults at Risk policy.

Maternity and Pregnancy

Pregnant women will be prioritised for processing to reduce the likelihood they will be placed in RHRs, or where they are, this is for the shortest period possible. This prioritisation will also apply to parents who are accompanied by a child under the age of 18. Individualised assessments will be carried out.

Race

As analysed above, the pool of people using small boats may mean that the use of RHRs could disproportionately impact those of certain nationalities. However, we do not foresee any particular requirements or disadvantages arising as a result of an individual’s race.

Sex

The proposals are neutral on equality of opportunity between people of a particular sex and those of a different sex but may disproportionality impact men, given the overall demographics of those arriving clandestinely or via small boat.

Sexual Orientation

The proposals are neutral on equality of opportunity between people of particular sexual orientations.

3c. Consideration of limb 3: Foster good relations between people who share a protected characteristic and persons who do not share it

Whilst the Home Office will strive to treat all those detained at Manston equally, the ability to foster good relations is limited by virtue of (a) the challenges at Manston, and (b) the subsequent coverage in mainstream media which portrays the operation in a negative light.

We do not foresee this policy change causing detrimental relations between people who share a protected characteristic and those who do not, as it does not create any specific advantage to any group on the basis of them sharing a protected characteristic.

In addition, we do not foresee any groups of people holding any other group responsible for any perceived problems or any group as being seen to benefit unfairly on the basis of any one or more protected characteristics.

There may be some perception of unfairness between those who are prioritised for processing and as a result do not enter a RHR, and those who are not. However, these decisions would be based on an individual assessment of each case.

The ability of the Home Office to address the issues surrounding small boats arrivals is of high public interest. By implementing new processes in order to assist in the processing of people as efficiently as possible, we will seek to restore public confidence in the immigration system.

4. Summary of foreseeable impacts of policy proposal, guidance or operational activity on people who share protected characteristics

Protected Characteristic Group	Potential for Positive or Negative Impact?	Explanation	Action to address negative impact
Age	Yes	There is no legislative bar on detention for the purpose of initial checks and processing for people of any age, and there is nothing within the scope of the RHR’s to limit its use within any age groups. The arrivals data demonstrates that most people arriving are adults who will be most impacted by the policy change. Children are considered as more likely to be impacted by detention than adults. The elderly are more likely to suffer with physical or cognitive medical issues which could either be exacerbated by detention and they will fall under the Adults at Risk in Immigration Detention Policy.	Children, families and those who are assessed as vulnerable (this could be due to their age) will be prioritised for processing to reduce the likelihood they will be detained in a RHR or time they may spend in a RHR.
Disability	Yes	Where a person has a significant medical condition (which may also meet the definition of a disability), they are considered more likely to be at risk in immigration detention, and their conditions may be exacerbated by detention.	Where a person has a significant medical condition (which may also meet the definition of a disability), the Adults at Risk in Immigration Detention Policy will apply. They will be prioritised for processing to reduce the likelihood they will be detained in a RHR or time they may spend in a RHR.
Gender Reassignment	No	There are no apparent disproportionate impacts on individuals as a result of them having this protected characteristic.
Marriage and Civil Partnership	No	There are no apparent impacts on individuals as a result of them having this protected characteristic.
Pregnancy and Maternity	Yes	The Home Office accepts that individuals with this protected characteristic may be impacted by their experience of detention, and pregnancy is included as an indicator of risk within the Adults at Risk policy. Pregnant females may have particular medical needs and/or require reasonable adjustments. This risk is likely to be affected by factors such as the woman’s age, her medical history and the stage her pregnancy has reached.	Safeguarding and duty of care considerations are at the forefront of any decision making and where a person is identified as being pregnant, they would be prioritised for processing at Manston to ensure any detention period is kept to an absolute minimum.
Race	No	There are no apparent disproportionate impacts on individuals as a result of them having this protected characteristic.
Religion or Belief	Yes	The cohort of people arriving by small boats, is made up of a number of different religions, and as such this change may impact some religions more than others.	The STHF Rules require RHRs to take account, as far as practicable, of the different religious and cultural backgrounds of individuals and for an individual’s religion to be recorded, if they so wish. Food must, where practicable, meet religious requirements. Facilities are available at Manston to allow persons to practice their religion, where practical.
Sex	No	As a direct result of the higher volumes of males who arrive in the UK by small boat a male is more likely to be held in a RHR. There are no apparent disproportionate impacts on individuals as a result of them having this protected characteristic.
Sexual Orientation	No	There are no apparent disproportionate impacts on individuals as a result of them having this protected characteristic.

5. In light of the overall policy objective, are there any ways to avoid or mitigate any of the negative impacts that you have identified above?

Whilst we do not foresee the policy change having a disproportionate impact on individuals with protected characteristics, we have put a number of mitigations in place to minimise any potential negative impacts which have been identified and set out in each section above. These include a range of long-standing welfare arrangements in place to support detained individuals, including a range of specific Detention Services Orders as they apply in STHF’s about the management and support of those with protected characteristics.

We will prioritise the processing of those identified as vulnerable, including families, children and pregnant women to ensure any detention period is kept to an absolute minimum. This will be included within our guidance.

6. Review date

April 2024

7. Declaration

I have read the available evidence and I am satisfied that this demonstrates compliance, where relevant, with Section 149 of the Equality Act and that due regard has been made to the need to: eliminate unlawful discrimination; advance equality of opportunity; and foster good relations.

SCS sign off

Name/Title: Redacted

Directorate/Unit: Redacted

Lead contact: Redacted

Date: 13 April 2023

For monitoring purposes all completed EIA documents and updated EIAs must be sent to the [email protected]

Date sent to PSED Team: 14 April 2023