Recurring concern

Unreliable access to free immigration legal advice for foreign national prisoners

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First reported 19 Dec 2018•Latest report 3 Oct 2023

Definition

What this concern includes

Includes failures in arrangements for making free immigration legal advice available, including eligibility communication, signposting, duty-lawyer access, prison-based contact routes and equivalent arrangements for foreign national prisoners dealing with immigration, appeal, bail or deportation matters.

Not included

  • Excludes general legal advice or legal-aid access unrelated to immigration matters or foreign national prisoners.
  • Excludes immigration information that is merely administrative where no access to legal advice or legal representation is at issue.
  • Excludes failures in the substantive immigration, appeal, bail or deportation decision after appropriate legal advice has been made available.
  • Excludes generic prison communication, translation or information-display deficiencies unless they directly impair access to free immigration legal advice.
Reports
2

Distinct published reports

Individual concerns
2

A report can raise multiple concerns

Date range
2018–2023

First to latest report issue date

Stated actions
2

Described in published responses

Reports over time

Reports over time

Reports about this concern issued each year.

* 2026 is projected from reports observed to 7 Sep 2026.

Most frequent recipients

Most frequent recipients

Reports about this concern sent to each recipient.

Home Office2
Ministry of Justice2
Belmarsh Prison1
HM Prison and Probation Service1
Practice Plus Group1

Concerns and responses across reports

Only concerns grouped under this recurring concern are included. Select any concern, action or position to view the source wording.

  1. Inner South London

    AI-generated summary

    Manoel Messias Santos · Prevention of Future Deaths report

    This summary was generated using AI from the published report. Please read the original report for the complete account.

    Report summary

    Manoel Messias Santos, a Brazilian national detained in prison and facing immigration detention and possible deportation, was found hanging in his cell in the early hours of 2 November 2020 and was declared dead at 3.30am. The jury found that his understanding of his immigration position made a material contribution to his death and identified failures in notifying him about the IS91 notice and communicating his immigration position. The report also raised concerns about delays in notification and case handling, access to legal advice, communication between agencies, dissemination of learning, and staff understanding of the policy on opening cell doors at night.

    Read the report on judiciary.uk

    Source evidence

    How this individual concern was interpreted

    PFD Monitor created a concise, searchable interpretation from the report wording shown below.

    PFD Monitor interpretation

    Insufficient communication of entitlement to free immigration legal advice

    Wider context from the report

    “4. I am concerned as to how access to legal advice is facilitated and signposted. 5. In PFD evidence, I was informed that FNOs (in a similar position to Mr Santos) are now entitled to 30 minutes of free legal advice following a High Court decision in February 2021. In HMP Belmarsh, this entitlement is displayed on a notice in each Houseblock. I am concerned that displaying a notice is insufficient to draw this entitlement to the attention of FNOs. I do not know if this is a wider issue in other prisons. Understanding of immigration status, including appeal and bail procedures and is complex. Access to legal advice is vital to prevent confusion. ”

    Source location

    Manoel Messias Santos · Prevention of Future Deaths report
    Page 2 · concerns

    Open source report

    Source evidence

    How this respondent action was interpreted

    PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

    PFD Monitor interpretation

    Implement and disseminate access to 30 minutes of legally aided legal advice through houseblock posters and custody induction.

    Verbatim wording from the response

    “In October 2021 guidance was provided to all establishments setting out the requirement that immigration detainees be informed about and provided with access to 30 minutes of legally aided legal advice. The operational implementation and support group have ensured that all prisons holding immigration detainees have implemented these instructions. As set out in the report, HMP Belmarsh published this information in the form of a poster on all houseblocks including the first night centre. This information also now forms part of the induction to custody process that all prisoners receive when they first come into custody.”

    Source location

    Response from HM Prison and Probation Services
    Page 1 · response
    Published 6 October 2023

    Open published response

    Source evidence

    How this respondent position was interpreted

    PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

    PFD Monitor interpretation

    Concerns about immigration notifications, legal advice, agency delays, report disclosure and night cell-door opening do not relate to healthcare functions.

    Verbatim wording from the response

    “There are a number of concerns raised in your report which relate to the timing of the IS91 notification, the signposting for legal advice about immigration matters, delays by SSHD and probation, the disclosure of SSHD internal reports and the opening of cell doors at night. As these matters do not relate to healthcare and PPG we do not propose to respond.”

    Source location

    Response from Practice Plus Group
    Page 1 · response
    Published 6 October 2023

    Open published response

  2. Liverpool and the Wirral

    AI-generated summary

    Michal Piotr Netyks · Prevention of Future Deaths report

    This summary was generated using AI from the published report. Please read the original report for the complete account.

    Report summary

    Michal Piotr Netyks, a Polish national serving a custodial sentence at HMP Altcourse, died after jumping head first from first-floor railings on 7 December 2017, the day he was due to be released but was instead detained under immigration powers. The report identifies concerns about the timing and explanation of the immigration detention paperwork, access to legal advice and support, the prison railings, and aspects of the Home Office’s handling of the case.

    Read the report on judiciary.uk

    Source evidence

    How this individual concern was interpreted

    PFD Monitor created a concise, searchable interpretation from the report wording shown below.

    PFD Monitor interpretation

    Lack of access to duty-lawyer immigration advice for deportable foreign national prisoners outside immigration detention centres

    Wider context from the report

    “B. Foreign National Prisoners liable for deportation who are not in an Immigration Detention Centre currently have no access to a duty lawyer scheme. It is important that such subjects are not treated as favourably than those in an Immigration detention centre. This could be addressed by providing free legal advice on immigration matters from duty lawyers at a minimum via the prison estate pin phone system. ”

    Source location

    Michal Piotr Netyks · Prevention of Future Deaths report
    Page 3 · concerns

    Open source report

    Source evidence

    How this respondent action was interpreted

    PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

    PFD Monitor interpretation

    Review policy for managing immigration detainees in prisons, including their access to immigration legal advice.

    Verbatim wording from the response

    “You may be interested to know that in response to a recommendation in the report by ████████ "Assessment of government progress in implementing the report on the welfare in detention of vulnerable persons" (2018), HM Prison and Probation Service and the Home Office are reviewing policy for managing Immigration Detainees in prisons. As part of this review consideration is being given to how Immigration Detainees in prison are able to access immigration legal advice. This review will be concluded by the summer.”

    Source location

    2018-0393-Response-by-HM-Prison-and-Probation-Service
    Page 2 · response
    Published 17 May 2019

    Open published response
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Data last updated 7 September 2026