The Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2026
The Secretary of State issues this Order to bring into force a revised version of the guidance titled 'Adults at risk in immigration detention' on 4th April 2024.
It applies to Home Office officials and immigration officers responsible for making decisions regarding the detention of individuals under immigration laws.
The guidance sets out specific factors that must be considered when determining if a person's mental or physical health, or their history of trauma, makes them particularly vulnerable to harm if held in a detention facility.
Arguments For
The order fulfills the Secretary of State's statutory duty under section 59 of the Immigration Act 2016 to issue guidance on how to identify and assess the suitability of detaining persons with particular vulnerabilities.
The document asserts that the revised guidance ensures that the needs of vulnerable individuals are factored into detention decisions made by immigration officials.
The legislation states that the guidance will replace previous versions, providing updated criteria and processes for relevant officers to follow when exercising their powers of detention.
Arguments Against
Legal commentators have previously raised concerns regarding the consistency with which such guidance is applied by frontline Home Office staff during the detention process.
Advocacy groups for refugees and migrants often point out that the threshold for defining 'vulnerability' may exclude individuals with complex trauma or less visible health conditions.
Jurisdictional critics have noted that because the guidance is issued under the 2016 Act, its effectiveness depends entirely on the accuracy of initial screening procedures carried out at the point of encounter or arrest.
Citation and commencement
- This Order may be cited as the Immigration (Guidance on Detention of Vulnerable Persons) Order 2024 and comes into force on 4th April 2024.
This provision establishes the official title of the legal instrument and sets the date of April 4, 2024, as the point at which its requirements become legally active. It ensures that the order is properly identified in legal and administrative records.
Guidance on detention of vulnerable persons
- The guidance entitled “Adults at risk in immigration detention” (version 2), which was laid before Parliament in draft on 19th February 2024, comes into force on 4th April 2024.
This section activates the second version of the specific guidance document concerning adults at risk.
It requires the Secretary of State and various immigration authorities to adhere to the standards and procedures set out in that draft when managing individuals in the immigration system.
Related
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Activated updated statutory guidance for identifying and managing vulnerable adults in immigration detention effective 21 August 2024.
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