delete The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2024
These Regulations bring into force guidance titled 'Immigration Act 2016: Revised guidance on adults at risk in immigration detention' under section 59(4) of the Immigration Act 2016. The guidance takes effect on 21st May 2024 and applies across England, Wales, Scotland, and Northern Ireland. The regulations essentially codify procedural requirements for how vulnerable persons must be assessed and handled in immigration detention settings.
While protecting vulnerable persons is a legitimate objective, this regulation imposes detailed procedural requirements that slow immigration enforcement, add administrative burden to caseworkers, and create legal vulnerabilities that prolong detention proceedings. The guidance effectively creates a 'vulnerability' industry that incentivises claims to avoid detention rather than ensuring fair, outcome-based assessment. Unintended consequences include: resources diverted to compliance rather than case resolution, detainees weaponising vulnerability claims, and prolonged uncertainty in the system. A simpler, principles-based approach would achieve genuine protection without the bureaucratic overhead.