Inspection of Border Force short-term holding facilities finds continuing legal and safeguarding failings

His Majesty's Inspectorate of Prisons for England and Wales (HMI Prisons) has published a new inspection report on short-term holding facilities (STHFs), finding some improvements, but significant concerns remain over detainees' legal rights and access to safeguards.

The 29-page report can be downloaded here.

The unannounced inspection, carried out between 7 and 15 April 2026, examined 17 short-term holding facilities at airports and seaports staffed solely by Border Force officers. HMI Prisons said that while new measures introduced by Border Force leaders had improved the consistency of care given to detainees, significant weaknesses remained and few of the concerns raised in its last inspection had been fully resolved.

The inspection identified concerns about whether detainees were always properly informed about their detention and whether detention procedures were followed correctly.

In the report's section on legal rights, HMI Prisons said: "Detention authority was not always lawfully established at the point when people were detained. In some cases, IS81 documentation [allowing detention for short periods] was issued after individuals had already entered holding rooms."

It continued: "We found examples of IS91 paperwork [formal written notices to keep someone in detention] not being served on entry to the STHF as legally required, resulting in a lack of formal detention authority for eight to 12 hours. In one incident at Harwich, 23 detainees were served with detention paperwork as a group, using an interpreter on a telephone loudspeaker. This is procedurally poor practice, which may undermine individual detainees' ability to understand and engage meaningfully with the process of detention."

Inspectors also found that information about legal rights was often inadequate, being "outdated, poorly located or inaccessible". Many holding rooms did not contain bail application forms, legal textbooks or clear instructions on how detainees could seek legal advice. Some STHFs listed legal representatives who none of could provided free immigration advice at the appropriate level."

The average length of detention had increased since the previous inspection and varied significantly between locations. Detainees at Felixstowe and Harwich were held for an average of 20.5 hours, compared with a national average of around six hours at other facilities.

In one incident at Felixstowe highlighted in the report, a woman and her 18-month-old child were detained for over 22 hours in an inadequate facility and staff used Google Translate to communicate with her instead of professional telephone interpretation. "This included to serve documentation, conduct interviews, refuse entry and attempt removal, giving little assurance that the woman understood the process or her legal rights," HMI Prisons said.

On safeguarding concerns, the inspection found that practices remained inconsistent and were weak and some vulnerable people, including potential victims of trafficking and modern slavery, were not always identified or referred for support. Only three National Referral Mechanism (NRM) referrals had been made in the previous year, despite inspectors identifying cases where there were apparent risk indicators.

The report stated: "Safeguarding practice was inconsistent. Records showed that while some good work was taking place, it was often undermined by a lack of enquiry or action on safeguarding needs, including by some SAMS [safeguarding and modern slavery] specialists. Of the 12 detainees considered to be at risk in detention, eight were assessed at a single site, Leeds Bradford Airport. This suggested considerable differences in awareness and practice by Border Force staff."

It continued: "We found cases where insufficient enquiries were made about detainees' disclosures of abuse or safeguarding needs. In one case, a detainee said that a people smuggler had done 'terrible things' to him, but this was not explored. This lack of inquiry was a particular concern in cases involving children."

In once case highlighted, a 27-year-old woman was detained at Felixstowe STHF for 15 hours, recorded as having "no known vulnerabilities", and then transferred to a police cell. The inspection found that her asylum screening interview, which provided the first opportunity for her to disclose she had experienced serious abuse, did not take place until 29 hours after she was first encountered. The report said no Home Office staff had considered making an NRM referral.

Safeguarding concerns extended to children held in short-term facilities. Inspectors found delays in referrals to children's services and said specialist safeguarding officers were not always available to interview children. Some children were interviewed without an appropriate adult, while inspectors found examples where staff used procedures designed for adults.

HMI Prisons also raised concerns about possible modern slavery cases involving children. It found that no NRM referral was made for a 15-year-old boy who said he had been forced to work on a fishing boat. In another case, inspectors said Border Force staff failed to challenge a decision involving a 16-year-old girl despite information suggesting possible trafficking and exploitation risks.

The report concluded that leaders should address eight key concerns, including four priority areas: strengthening safeguarding procedures, reducing excessive detention periods, replacing the unsuitable Felixstowe facility, and allowing detainees access to prescribed medication.