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Dungavel

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Immigration detention in the United Kingdom is the practice of detaining foreign nationals for the purpose of immigration control. Unlike some other countries, UK provisions to detain are not outlined in a codified constitution . Instead, immigration enforcement holds individuals under Powers granted in the Immigration Act 1971 and by the Home Office Detention Centre Rules (2001). The expressed purpose of immigration detention is to "effect removal; initially to establish a person's identity or basis of claim; or [implement] where there is reason to believe that the person will fail to comply with any conditions attached to a grant of immigration bail." Detention can only lawfully be exercised under these provisions where there is a "realistic prospect of removal within a reasonable period".

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51-709: Dungavel Immigration Removal Centre is an immigration detention facility in South Lanarkshire , Scotland , near the town of Strathaven that is also known as Dungavel Castle or Dungavel House . It is operated by Mitie Care and Custody, under contract with the law-enforcement command Immigration Enforcement for its detention of immigrants for the Home Office . It is the only such facility in Scotland. The announced closure of Dungavel in September 2016

102-537: A diversity of permanent religious facilities. The attention to religious and cultural needs combined with an overt commitment on the part of the detention centre staff towards treating those in their custody with care and sensitivity began to impact the environment and operations at Tinsley House. Detainees would write messages of appreciation to members of staff noting their efforts of assistance and staff would regularly form respectful friendships with those in their charge. The product of this regime, which became known as

153-401: A factor in child maltreatment. Unwanted pregnancies can also increase tension in the household, potentially leading to the mistreatment of a child. Various services exist to address or prevent child maltreatment; these services can be provided by businesses or by government agencies. Where these services encounter cases of maltreatment, the state then creates a supportive family environment for

204-534: A fundamental feature of the model. The Government does not routinely publish the number of detainees who die in custody, but data mapping by INQUEST suggests that a further three individuals died while being held under Immgiration Act Powers during 2016, nine in 2017, three in 2018 and one in 2019. In 2018, the Government announced that it would begin publishing data on deaths in IRCs for the first time. However,

255-700: A helpless child. Examples of child maltreatment include physical abuse, sexual abuse, emotional abuse, exploitation, deprivation and neglect. The long-term impact of abuse on victims often includes physical injury, psychological and behavioral harm, and can potentially be carried across generations. Caregiver maltreatment of children is a global problem that can occur in adoption programs, regardless of social status and in cases of discrimination and early or unwanted pregnancy. Adopted children may be mistreated more than biological children. Additionally, children may suffer maltreatment due to their social status, and discrimination based on skin color has also been documented as

306-540: A lack of support from the Immigration Service, the introduction of Group 4's management style (with its largely prison based philosophies) and the departure of the centre's original management team, the "Tinsley Model" became increasingly difficult to maintain resulting in a decline in the centre's previously caring regime. In 2009 an unannounced inspection of Tinsley House by HM Chief Inspector of Prisons reported that "conditions had generally deteriorated and

357-459: A majority of immigration detainees were individuals who were seeking, or had claimed, asylum (58%). Other individuals liable for detention include those held while awaiting determination of their right to enter the UK, people who have been refused permission to enter and are awaiting removal, people who have overstayed the expiry of their visas or have not complied with their visa terms, and people lacking

408-767: A necessary component of effective child protection systems." Under Article 19 of the UN Convention on the Rights of the Child , a 'child protection system' provides for the protection of children in and out of the home. One of the ways this can be enabled is through the provision of quality education , the fourth of the United Nations Sustainable Development Goals , in addition to other child protection systems. Some literature argues that child protection begins at conception; even how

459-745: A result of poverty and/or other social pressures. Infanticide can be carried out by parents, relatives, or strangers and is often seen as a form of gender-based violence, since female babies are more likely to be killed than male ones. In some cases, infanticide may also be used to conceal evidence of incest or rape. It is most commonly practiced in cultures where there is a preference for male children, or where resources are scarce. In some countries, children can be imprisoned for common crimes. In some countries, like Iran or China, criminals can even be sentenced to capital punishment for crimes committed while they were children (the United States abandoned

510-488: A set of services, usually government-run, designed to protect children and young people who are underage and to encourage family stability. UNICEF defines a 'child protection system' as: "The set of laws, policies, regulations and services needed across all social sectors – especially social welfare, education, health, security and justice – to support prevention and response to protection-related risks. These systems are part of social protection , and extend beyond it. At

561-774: Is a United Nations agency dealing with labor issues, created in 1919. It takes care also of child labor issues, in particular with conventions 138 and 182. On 20 November 1959 the United Nations General Assembly adopted a Declaration of the Rights of the Child during the Convention on the Rights of the Child . The United Nations Children's Fund ( UNICEF ) is a United Nations Program headquartered in New York City, that provides long-term humanitarian and developmental assistance to children and mothers in developing countries. In 2000, an agreement

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612-411: Is a factor in sex-selective infanticide . Many children who come to the attention of the child welfare system do so because of situations which are often referred to as child abuse . Abuse typically involves abuse of power, or exercising power for an unintended purpose. This includes willful neglect, knowingly not exercising a power for the purpose for which it was intended. This is why child abuse

663-562: Is better that the children remain with their parents rather than split up the family". The Scottish Government has no direct authority over Dungavel, as asylum and immigration are matters reserved to the UK Parliament . But Scottish officials continued to press for changes at the prison using their authority over child welfare matters. After the 2010 UK General election, the UK Coalition government announced it would end

714-402: Is defined as taking advantage of a position of trust having been invested with powers. Parental responsibility is the legal obligation of a parent to provide for their child's physical, emotional, and financial needs. This includes providing food, shelter, clothing, education, medical care, and emotional support. It also includes protecting the child from harm and ensuring their safety. In 1984

765-550: Is some consistency in the nature of laws, though the application of the laws varies across the country. The United Nations has addressed child abuse as a human rights issue, adding a section specifically to children in the Universal Declaration of Human Rights : Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding should be afforded

816-428: Is the act of placing a child in a situation which neglects their health or life. Child endangerment can cause many negative physical and mental effects. This can stem from abusive parental care, child neglect, and a multitude of other reasons. Infanticide is the intentional killing of infants and young children. This practice has been documented throughout history and still occurs in certain cultures today, usually as

867-471: Is to ensure that all children are safe and free from harm or danger. Child protection also works to prevent future harm by creating policies and systems that identify and respond to risks before they lead to harm. In order to achieve these goals, research suggests that child protection services should be provided in a holistic way. This means taking into account the social, economic, cultural, psychological, and environmental factors that can contribute to

918-529: The Council of Europe , the body that supervises the European Convention on Human Rights, make Recommendation R(84) 4 on Parental Responsibilities. These defined parental responsibility as a 'function' duties to be met and powers that can be exercised to meet those duties. Child abuse and neglect is failure by a person with parental or any other protective responsibility to exercise the powers for

969-462: The Home Office revealed the following: Once detained it is possible to apply for bail. It is preferable but not necessary to provide a surety and conditions will be provided, usually reporting, if bail is granted. There is legal aid for representation at bail hearings and the organisation Bail for Immigration Detainees provides help and assistance for those subject to detention to represent themselves. Since summer 2005 there has been an increase in

1020-527: The "Tinsley Model" was to result in an environment which, during its first decade of operations, incurred no incidence of death, riot or disturbance; a performance which remains unmatched in the history of the UK Immigration Service. The "Tinsley Model" attracted the attention of the Prince of Wales as well as numerous religious and political leaders and was cited as being a graphic example of

1071-584: The Ays. Over the years Aamer Anwar has continued to call for Dungavel to be shut down, describing it as inhumane and barbaric as well as a 'scar on the face of Scotland.' In January 2012 the Home Office agreed to pay the four Ay children a 6-figure settlement, following a civil action against the UK government for the ordeal of their time in detention. In 2004 the Children's Commissioner for Scotland described

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1122-616: The House of Lords and the Member of Parliament for Crawley. The Home Office response to this proposal was to pass it to the Immigration Minister who forwarded it to the head of the Immigration Service who in turn requested that it be actioned by the director responsible for Detention Operations. The Detention Operations department of the Immigration Service did not accept the findings of the report and expressed their displeasure at

1173-563: The Scottish Refugee Council, due to breaches of human rights. In 2015, Her Majesty's Inspectorate of Prisons (HMIP) found that vulnerable individuals were being detained in contravention of rules designed to protect vulnerable people from detention. 55°36′32″N 4°07′55″W  /  55.609°N 4.132°W  / 55.609; -4.132 Immigration detention in the United Kingdom In 2019,

1224-415: The abused child. This entails the regulation of both public and private entities providing care for children and families. Child maltreatment can even occur in cases where state or other guardians take responsibility for a child's welfare. A 2014 European Commission survey on child protection systems listed the following categories of children needing help: The International Labor Organization (ILO)

1275-408: The arrangements for children and single women were now wholly unacceptable" and that "staff talked openly about an increased prison culture encroaching on Tinsley House's previously relaxed atmosphere". The gradual erosion of the centre's initial regime of "Caring Custody" effectively marked the end of the "Tinsley Model" and with it the dynamic of the chaplaincy's intensive pastoral care which had been

1326-527: The asylum process. The use of asylum has increased with the introduction of the process of "fast track", or the procedure by which the Immigration Service assess asylum claims which are capable of being decided quickly. Fast-tracking takes place in Oakington Reception Centre, Harmondsworth and Yarl's Wood. There are three situations in which it is lawful to detain an asylum seeker or migrant. Figures published for January – March 2008 by

1377-528: The attitudes taken by male staff and prisoners to a woman governor. She was made a Member of the Order of the British Empire in 1984. In 2001 its role changed and it is used for holding asylum seekers whose applications have been refused prior to their removal. It however, remains the final resting place for the thirteenth Duke of Hamilton , a naval officer whose grave lies within the close policies of

1428-463: The castle, once adorned with a ship's anchor. Dungavel opened as an immigrant detention centre in 2001. Under the management of operator Mitie Care and Custody the facility was expanded in 2013 to 249 detainees, men and women, in "four main residential units". This was GEO Group's only prison in the United Kingdom before being taken over by Mitie Care and Custody in 2022. Dungavel has been

1479-463: The centre's operating company (now Group 4) "interfering" in government policy issues and which resulted in the suspension of the centre's senior chaplain. A month after this report was published; the newest facility in the Immigration estate, the £40 million Yarl's Wood detention centre near Bedford was largely destroyed by fire as a result of altercations between staff and detainees. With

1530-530: The centre's senior management, the Tinsley House chaplaincy set about the task of addressing in detail the dietary, cultural, religious and social needs of the centre's population inviting a variety of religious ministers and representatives of cultural groups to attend the centre to provide pastoral support. Tinsley House became the first detention centre in the United Kingdom to operate a comprehensive regime of religious and cultural observance and to operate

1581-513: The conception took place can affect the child's development. Child labor is the practice of having children engage in economic activity on a part-time or full-time basis. The practice is harmful to their physical and mental development. It is considered to be a form of exploitation and is illegal in many countries. Due to economic reasons, especially in poor countries, children are forced to work in order to survive. Child labor often happens in difficult conditions, which are dangerous and impair

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1632-702: The definitive annual number of deaths in detention remain unknown, as quarterly Home Office statistics do not differentiate between deaths and detainees leaving detention for "other" reasons. In total, there have been at least 40 deaths in immigration custody since 1989, including: Child welfare Child protection (also called child welfare ) is the safeguarding of children from violence, exploitation, abuse, and neglect. It involves identifying signs of potential harm. This includes responding to allegations or suspicions of abuse, providing support and services to protect children, and holding those who have harmed them accountable. The primary goal of child protection

1683-439: The detainee was serving a prison sentence which expired. The management of a majority of IRCs is outsourced to private companies including Mitie , GEO Group , G4S and Serco . The Nationality, Immigration and Asylum Act 2002 formally changed the name of "detention centres" to "removal centres". The UK removal centres are: The British government has been given powers to detain asylum seekers and migrants at any stage of

1734-532: The detention of children under 18 at Dungavel. First reporting suggested that this change would be "taking the problem off Scottish soil", but that the children would only be transferred to Yarl's Wood Immigration Removal Centre in Bedfordshire , privately operated by Serco , with its own history of controversy, detentions of longer than a year, and failures in its treatment of children. Dungavel has faced criticism from organisations like Detention Action and

1785-476: The detention of foreign nationals since the Charles Clarke scandal which revealed that there were a number of foreign nationals who had committed crimes and had not been deported at the end of their sentence. Criticism of immigration detention focuses on comparisons with prison conditions in which persons are kept though they have never been convicted of a crime, the lack of judicial oversight , and on

1836-414: The education of future citizens, and increase vulnerability to adults. It is hard to know exactly the age and number of children who are affected. At least 152 million children under five years of age worked in 2016, but the figure is underestimated because domestic labor is not counted. The actual statistics cannot be counted exactly due to the many cases of child labor going unseen. Child endangerment

1887-609: The effectiveness of "caring custody". In December 2001 the senior chaplain of Tinsley House authored a report to the Home Secretary detailing the essence of the Tinsley Model, recording its positive effects and outlining how this regime might be exported throughout the Immigration estate. The report was signed by sixteen bishops, four leading Muslim clerics, representatives of the Sikh and Hindu communities, four members of

1938-517: The facility as "morally upsetting" and threatened to report the UK and Scottish Governments to the United Nations Committee on the Rights of the Child . However, former Home Secretary David Blunkett said that "Detention, while regrettable, is an essential part of effective immigration control - to affect removal, establish identity or prevent absconding. Where it is necessary to detain individuals with children, we believe it

1989-431: The intended purpose, which is the benefit of the child. Actions typically include services aimed at supporting at-risk families so they can remain intact to safeguard and promote the welfare of the child, investigation of alleged child abuse and, if necessary, assuming parental responsibility by foster care and adoption services. Child maltreatment refers to any type of harsh treatment or abuse which results in harm to

2040-573: The intercession of the 14th Duke of Hamilton with Churchill to try to end the war between Britain and Germany. Dungavel was sold on to the National Coal Board in 1947. It was then acquired by the government and turned into an open prison . In 1979 Agnes Curran became the governor of Dungavel prison. She was the first female prison governor of a prison for men in Britain. Curran was surprised to be appointed and she had to deal with

2091-491: The lengthy bureaucratic delays that often prevent a person from being released, particularly when there is no evidence that the detainee will present a harm or a burden to society if allowed to remain at large while their situation is examined. Recently, the conditions of detention centres have been criticised, by the United Kingdom Inspector of Prisons. In 1996 Immigration Detention Centre Tinsley House

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2142-414: The level of prevention, their aim includes supporting and strengthening families to reduce social exclusion, and to lower the risk of separation, violence and exploitation. Responsibilities are often spread across government agencies, with services delivered by local authorities, non-State providers, and community groups, making coordination between sectors and levels, including routine referral systems etc..,

2193-474: The practice in 2005). In contexts where military use of children is made, they also risk becoming prisoners of war . Other children are forced into prostitution , exploited by adults for illegal traffic in children, or endangered by poverty and hunger. Infanticide today continues at a much higher rate in areas of extremely high poverty and overpopulation, such as parts of China and India. Female infants, then and even now, are particularly vulnerable, which

2244-430: The required documentation to live in the UK. The British Home Office currently operates one Pre-Departure Accommodation, three residential Short Term Holding Facilities (STHFs), seven Immigration Removal Centres (IRCs) and 13 In-Use Short-Term Holding Facilities which can be used to detain individuals under Immigration Act Powers. HM Prisons are also used as settings of detention under Immigration Powers, usually if

2295-409: The respectful and sensitive handling of all detainee related issues. This concerned approach towards detainee management was quickly embraced by the centre's chaplain, who reinforced the existing commitment to caring custody through the creation of specialised training programmes for the centre's staff and by increasing the size and diversity of the centre's chaplaincy team. With the active support of

2346-409: The right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. A key part of child protection work is assessment. A particular challenge arises where child protection professionals are assessing families where neglect is occurring. Professionals conducting assessments of families where neglect

2397-613: The risk of harm for individual children and their families. Collaboration across sectors and disciplines to create a comprehensive system of support and safety for children is required. It is the responsibility of individuals, organizations, and governments to ensure that children are protected from harm and their rights are respected. This includes providing a safe environment for children to grow and develop, protecting them from physical, emotional and sexual abuse, and ensuring they have access to education, healthcare, and resources to fulfill their basic needs. Child protection systems are

2448-513: The scene of several protests on the basis that babies and young children have been held there prior to deportation , in some cases for over a year. The Kurdish Ay family , consisting of Yurdugal Ay and her four children aged 7 to 14, were held in Dungavel in a single room for 13 months before eventually gaining asylum in Germany . In 2003 lawyer Aamer Anwar led a campaign over the detention of

2499-640: Was commissioned. It was the first purpose-built immigration detention facility in the United Kingdom and was initially managed by the British subsidiary of the American Wackenhut Corporation . The original senior management of Tinsley House, specifically the centre director and its operations manager, pioneered an adapted version of Wackenhut's philosophy of "Dynamic Security" that promoted a regime of caring custody, emphasising positive relations between staff and detainees and encouraging

2550-670: Was reached among countries belonging to the United Nations countries about the military use of children. The effectiveness of these programs is contested and seems limited to some. Provincial or state governments' child protection legislation empowers the government department or agency to provide services in the area and to intervene in families where child abuse or other problems are suspected. The agency that manages these services has various names in different provinces and states, e.g., Department of Children's Services, Children's Aid, Department of Child and Family Services. There

2601-574: Was rescinded in February 2017, with a planned replacement cancelled and Dungavel to remain open. Originally a 19th-century hunting lodge and summer retreat of the Dukes of Hamilton linked to their then main house at Hamilton Palace , it was the home of the 13th Duke from 1919 following the demolition of the palace due to subsidence, arising from mining in the area. Dungavel was the planned destination for Rudolf Hess 's doomed 1941 peace mission, to seek

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