Home Office Policy Document: Suspension of enforced removal window
This new policy document was published on 3 April 2019 and is the SSHD’s policy in response to the Medical Justice JR in which interim relief has been granted:
The key section of the policy document states:
All operational areas must follow these instructions:
- you must not open any ‘3 month’ or ’21 day’ removal windows
- you must only use option 3 in the RED.0001 (all variants) and RED.0004
templates, or any other templates which includes ‘liability for removal’ wording:
o that is the option ‘You will be given further notice of when you will be
removed’
o if a template only includes ‘3 month’ or ’21 day’ removal window wording you
must edit the template to replace the wording with ‘You will be given
further notice of when you will be removed’
- where a removal window has been opened, you must close it by serving a
RED.0005, using option ‘You will be given further notice of when you will
be removed’
- you must only serve notice of RDs by serving an IS.151D or ISE.312:
o you must give all individuals (other than certified cases, see below) a minimum notice period of 72 hours before the removal, see the removal notice calculator to determine the latest time you can notify a person of their removal
- for certified cases, you must give the person a notice period of 5 working days
- following a failed removal, you may arrange a new removal within 10 working
days without giving a new notice period, see Judicial review and injunctions for guidance when you may do this