Yarls Wood immigration Centre is a busy place, to facilitate its role it has an AIT (Asylum Immigration Tribunal) court attached to it where residents who are detained under Immigration powers and are going through the Fast Track asylum process have their bail hearings heard.  The majority of residents however are not Fast Track cases and their applications to be temporarily released on bail  are heard via a  video conferencing suite which is linked up to the Tribunals Service in Sheldon Court, Birmingham.  People detained under Immigration powers have the right to apply to the courts to be released on Bail whilst their case is considered.  Video conferencing is not new and its ‘green’ credentials are well known. I wanted to find out the savings and methods of operation but more so the savings in the human costs it brings.
I talked to Carole Coope, Deputy Head of Audits and Assurance, Hazel Warren Detention Custody Manager and Duncan Chiesa Detention Custody Manager about the system, its operation and benefits.

Hazel Warren: HW

Carole Coope : CC

Duncan Chiesa: DC

CR    The video conferencing suite here what is it used for and how long has it been in use?

CC          The suite is used to hear applications to be temporarily released on bail.  These are not hearings that determine the outcome of immigration cases  but whether  to grant bail to a resident whilst their immigration case is on-going. The process is quite simple, the resident completes an application form applying for a bail hearing which we then fax to the courts service, a date is  set by the Courts normally within 7 to 10 days and the resident is notified of the date and time.  We have been hearing Bails via video link for about 3 and a half years.

CR           Where is the bail hearings court, and has the video link been used for any other purpose?

CC           The Court that we link up to is Sheldon Court in Birmingham. The system has occasionally been used to link up as part of a High Commission interview where a resident will have a face to face interview with a member of the Embassy staff where confirmation is needed of the nationality of that person.  It could be used in other ways; however its primary purpose is to hear Bail hearings.

CR           How often is this used and how many people can have their hearings in one day? And what is the procedure for the residents?

Hazel Warren (HW)         The maximum we have achieved is nine in a day; however the usual amount is six. Three either side of lunch. We have to have the residents in the legal corridor area by 9am with all their paperwork ready and they  then wait for their case to be heard. There is no set time for each one therefore there is a considerable amount of waiting involved. Sometimes one runs over or more paperwork is needed so sometimes they can be adjourned over lunch.

CR           Before this system was installed what procedure did a resident have to go through to attend a bail hearing in Birmingham?

HW         On the day they would have to pack all their belongings and take them with them on this journey. This is because if they were successful they would be released on bail from the court.  They would then have to travel in a van to the court with all their belongings.  They would be held in a secure area within the court until they were either released or if unsuccessful return to us. Then they would have to travel back, be booked in, return to a room and unpack all their belongings. The luggage is not a minor issue; some people have a lot of it.

CR           What is the comparison of the human cost of the trip to Birmingham compared with the trip to the video suite?

Duncan Chiesa (DC)        The emotional costs as a result of stress were quite high. The residents would have to get ready to be at the court for 9a.m. which would mean leaving us very early. The journey added more stress as its tiring being transported around. Also the residents had to face  unusual surroundings of the court and the waiting about in different and unfamiliar detention facilities. Their case was then heard, which is stressful in itself. If there were successful then there was the stress of getting to where they needed to go without any support from us. If their case failed they would feel very disappointed and upset they then had to wait until the end of the day to leave. Then they had all the tiredness from the day and the journey back with multiple stops at other immigration holding centres. Then booking back in and unpacking their belongings. It was a huge amount of stress and it would take a couple of days to settle down from.

CR           Did all this have the effect that residents became reluctant to make fresh bail hearings, even though they may have good reasons? And so stay in the centre longer than they should do?

HW         There are no actual figures that would support that, but I would say that there are now a lot more bail hearings. We are hearing 6 per day and there were never 30 people per week going to the court in person. So applications are more frequent. It also means that if the paperwork is not complete at the court or there are any other issues, they can put in another application without having to go through the stressful journey again.

CR           How about the legal and other representation, how is that achieved?

HW         Their lawyer is in the court in Birmingham, also any family/friends who may be standing surety for bail, or being a witness. The resident is given the opportunity to talk with their lawyer  prior to the case starting. If they need an interpreter then one is provided at the court. A big cost benefit can be realised because the court is based in Birmingham, a large city with a very diverse population and skill sest all local to the court.

CR           What about the cost savings involved. The obvious one is the travelling but there must be others?

DC          The staff costs involved in booking people in and out, the escorting had to be done too. Plus the paperwork and administration costs.  We didn’t have an accommodation issue because we would not allocate their room to anyone until bail had been granted and they were fully checked out of custody. At the court there are savings as well, as interpreters and court staff can all be located centrally so there are fewer travelling costs.

CR           How about the effect on the residents using the system. I ask because I prefer to be face to face with someone when I am speaking to them. I feel remote from proceedings on a video conference. Do your residents feel this too?

HW         The residents seem to be very happy with this proceedure. All seem appreciative of the facility and prefer the benefits it brings in terms of speed and convenience. They are obviously apprehensive before going  into the video suite, it’s a stressful experience, but it’s considered to be much better than the alternative. All residents think it’s a good system, it’s ‘real’ enough for them to know they are taking part in their hearing and feel the system adequately handles the demands placed upon it. They also are speaking to the Judge directly, and without being so aware of the other people in the court.  They can feel far freer to say what they wish as the system seems to take most of the intimidator nature out of the process.

CR           What happens if they get a decision that they don’t like? Are there and incidences of residents taking there disappointment out on the room and equipment?

CR           What difference does it make being in a familiar environment with familiar staff?

HW         A huge difference, its far better for residents to be surrounded by people they know and not have to recover from a huge disappointment in unfamiliar secure accommodation and then the back of a van. Here we can support them as needed and then get them back into their room and their usual routine.

CR           Staffing the video conferences and the equipment, what is required?

HW         Two people work in the corridor area, the Court will call us and tell us they are ready to start, we switch on the link and the resident takes a seat and the hearing begins. It’s that simple.

CR           The system seems almost too good to be true, and perhaps it is. Are there any downsides to the process? Do you conduct any feedback with the residents and what do they say?

HW         Not that I can think off, the residents are quite happy with it and so are the staff. We have a feedback system for residents and staff and all of the comments have been generally positive of the process, any criticism is usually on very minor points. The form is one that the UK Border Agency provide us with but residents can be reluctant to fill them in, if they have been granted bail then they want to pack their belongings and leave as soon as is possible. If they have been refused bail then they usually are not in the mood to be very constructive by filling in a form. However the verbal feedback is very positive.

 CR           What happens if the resident is the last case of the day, their bail is granted and its 5pm on a Friday, dark, rainy and they would have a long way to go? Can you offer assistance there?

CC – If a resident is granted Bail by the Court then they are released immediately However during the winter time and in particular when the weather is inclement, possible difficulties with rail or road travel or a particularly long journey , say to Scotland,  then  we believe we have a duty of care to that resident. We would seek  the permission of the Court  and UK Border Agency to offer the resident the opportunity of travelling first thing the following morning, if permission is granted we would offer this to the resident  but in doing so they would have to sign a disclaimer to that effect.

CR           If the system failed tomorrow what are the contingency arrangements?

HW         It failed once and the contractor repaired it in very quick time. We also have a technical expert on the site. As a last resort we could revert to the old system and arrange transport up to the court in Birmingham.

CR           Thank you for talking to the Review.