The bigger picture on asylum

The top brass at the UK Border Agency (UKBA) have pronounced themselves satisfied with the findings of a report they commissioned into allegations of "outsourcing abuse" against immigration detainees. In the adversarial climate that exists between government and human rights campaigners over the treatment of asylum seekers, this report has been welcomed by the government as some kind of victory. It was commissioned in response to a report by Medical Justice, Birnberg Peirce solicitors and the National Coalition of Anti-Deportation Campaigns , which found systemic abuse against immigration detainees, by some of the staff tasked with their care. The author of today's report, Lady O'Loan, found no evidence of systemic abuse, a vindication of the government line. Diane Abbott MP says O'Loan was not able to identify systemic abuse because incidences were so widespread. O'Loan did find a failure to properly investigate claims of mistreatment . Troubling cases include a woman who was handcuffed while undergoing a biopsy on a breast lump and several serious injuries including a punctured lung, a dislocated knee and a broken finger. Of 29 cases she reviewed, more than two thirds were not properly investigated or not investigated at all. She concludes that private security companies inadequately managed use of force by their staff. Ministers are to review the use of force against detainees. In a foreword to O'Loan's report Lin Homer, chief executive of UKBA, accuses Medical Justice et al of "seeking to damage the reputation of our contractors". This point-scoring approach shrinks the debate and fails to acknowledge that the first report was prompted by profound concern for the welfare of detained asylum seekers. O'Loan's remit was narrow – she was asked only to look at whether complaints of abuse had been properly investigated, rather than the wider concerns surrounding detention. Focusing attention on one specific area diverts attention from the bigger picture, but today's report must be read with those wider concerns centre stage. The government argues that only those who have no legal right to be in the UK are removed. But many of those incarcerated in detention centres do have a legal right to be here – at least 16 of the 46 claimants whose cases were highlighted in the report now have leave to remain in the UK. There are many more cases across the detention estate of people wrongly incarcerated who are ultimately acknowledged to be genuine refugees. The percentage of detainees nationally who are granted the right to remain here after a period of detention plus the number who are survivors of torture and/or have serious mental health problems and so are not supposed to be detained at all, constitute a significant percentage of the detained population. Detention is only part of the story for asylum seekers. A common trajectory begins with persecution in their home country, the loss of loved ones in war or conflict, a perilous journey in the hope of finding sanctuary, followed by disbelief when they tell their story to immigration officials, a period of destitution when their asylum claim is refused and then arrest and detention. It is good news that ministers are reviewing the use of force against detainees, but a much wider review needs to take place; one that asks some serious questions about why so many innocent and vulnerable adults and children who have fled torture and other forms of persecution back home are detained at all.