1. Using FOI for a cross-border investigation into immigrant detention

    Did you know that Home Office data doesn’t include the reason that individuals have been taken to immigrant detention centres? Or that the UK is the only country in Europe with no limit on how long they can hold someone in such facilities?

    One organisation keeping a careful eye on the situation is Spanish investigative journalism and fact-checking foundation Maldita, whose recent series of articles (in collaboration with Romanian organisation Funky Citizens) also reveals that the detention of Europeans is at its highest level since Brexit, with Romanian, Polish and Lithuanian citizens most represented. 

    Maldita’s project is replete with the stories of those detained in the UK; insights from organisations concerned with migration and data retrieved from Freedom of Information requests to UK authorities — new ones, and ones they discovered in the vast archive of public responses available on our FOI site WhatDoTheyKnow.

    Reading the set of four pieces, it becomes clear that much of the data required to understand the wider picture is either not collected, or has only come into the open thanks to the public’s right to information.

    Happily, when it comes to information from UK authorities, this right is available to those outside the country (despite a threat to this, back in 2020), giving a higher chance that data impossible to source from one end of the equation may be retrieved from the other.

    Mentorship

    We came to work with Maldita thanks to the Journalismfund mentoring programme, through which we offered support and guidance based on our experience around FOI and supporting cross-border investigations (see, for example, the Lost In Europe project). We were happy to provide expertise on navigating the UK’s FOI system, and making introductions to other organisations that would be of help.

    The resulting articles present sobering facts about the quantity and length of detainments, as well as health issues and self harm among detainees. Until reading these, you may not be aware that the UK is the only country where no date has to be given for release — and, as one might imagine, this results in poor mental health among many.

    Investigative journalist Coral García Dorado, Coordinator of Disinformation Investigations for Maldita, told us how our interventions had facilitated their project.

    During the time we worked together, we introduced Maldita to our WhatDoTheyKnow platform and mentored them around the best way of writing FOI requests. “You can’t imagine how important this tool was for us”, says Coral. “It’s something we don’t have in Spain”*.

    An invaluable archive

    Perhaps Coral’s greatest discovery was around how useful a vast archive of existing requests can be. This helped in three ways: 

    → They came across data that had already been requested, and used it in their pieces: 

    “It’s very valuable,” noted Coral, “because sometimes you would just be asking for the same information that others had — and if you put in the request yourself, you’d have to wait some time for them to send you the information. So if someone has already asked for it and the information is there, you don’t have to replicate the same job again.”

    She gave two examples of where they used this approach: “We published incidents of self harm in detention centres. It was requested by one person, and we just picked it up from there.

    “And also thanks to someone who requested it on your tool, we know what the longest amount of time is that someone has been held an immigration removal centre: 1,131 days“. You can see how both of these requests fed into the work in this article.

    → Where a request would have been useful, but was several years old, they replicated it

     “We made a request to the NHS because we saw another person’s one. It’s very useful because maybe you don’t know that this information exists, so you don’t know that this information can be provided, and once you see that, you can use the precise same wording to ask them to send you the updated information.”

    →  They discovered new ideas to explore

    Coral explained that searching the archive using keywords around immigration “gives you an idea of what you can get”

    Different countries, different access 

    Maldita encountered frustrations around getting information from the Spanish authorities — it turned out that getting it from the UK side was more fruitful. 

    “We asked [the Spanish authorities] for information about Spanish people detained in the UK, but in the end, we couldn’t get it – they gave us information about Spanish people in prison,” explained Coral.

    “They didn’t have — or at least they said they didn’t have — information about the number of Spanish citizens detained in an immigration removal centre. But then if we go back to some articles published by all the newspapers, for example, El País in 2021, someone from the government said, ‘We know, at the moment of nine people who entered an immigration removal centre this year’. 

    “So they had this information, but they said they don’t record this kind of information! In the end, we struggled a lot getting information from the Spanish authorities.”

    Other challenges

    This kind of setback can be dispiriting, but it surely helps to share one’s woes with others who can precisely understand them. In the course of their investigations, Maldita spoke to a number of organisations.

    One of these was the Oxford Immigration Observatory, who explained ongoing frustrations around the cohesiveness of data between centres — making it impossible to track detainees if they were moved from one place to another. In turn, this of course makes it more difficult to pin down precise numbers. 

    All worthwhile

    Finally, we asked Coral how the investigation has been received. “It did have impact – I have to say most of all in the UK, from the different organisations helping migrants.”

    She added, “It’s been great working with you, and having access to the tool. So thank you so much.” 

    We return the thanks — it is always a pleasure to facilitate a vital piece of investigative journalism.

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    * In fact, Spain did once have its own functioning Alaveteli site, which closed in the face of challenges around the government’s reluctance to adhere to the spirit of their own Access to Information law.

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    Image: Schumi4ever (CC by-sa/4.0)

  2. Detention Logs: using FOI to reveal the truth about immigration detention in Australia

    Australia: land of sand, surf and koalas. Renowned for its laid-back attitude and a friendly welcome for all… or so those up here in the northern hemisphere might believe, spoon-fed our preconceptions via the squeaky-clean medium of Aussie soaps.

    What’s not so well-known is Australia’s decades-long resistance to people seeking asylum. Since the early 1990s, Australian Prime Ministers have implemented, upheld and strengthened laws to hold refugees in mandatory, indefinite detention, and to forcibly turn boats away from their shores. Australia has been repeatedly condemned by the UN for inhumane treatment of people in its immigration detention system, and people held inside have maintained continuous protest for years.

    Once you learn all this, it seems perhaps unsurprising that immigration detention is, as website Detention Logs puts it, one of the most “hotly debated, contested and emotional topics in Australia”.

    Getting it out in the open

    Detention Logs is among the most purposeful and systematic uses of Freedom of Information we’ve seen yet.

    It’s not a mySociety-affiliated project (although one of its founders is also a member of Open Australia, who use our Alaveteli software to run the RightToKnow site), but it is one that’s very much in our sphere of interest. We wanted to write about it because it’s a great example of putting FOI to work in order to get truth out into the open, and make societal change.

    At the time the project was set up, Australia’s detention centres were run by the British companies Serco and G4S; access is, as you might expect, limited. However, contractors to the government must report to them, and the report documents fall under the citizens’ Right To Know via Australia’s Freedom of Information Act.

    Reports are made whenever an ‘incident’ of note occurs in one of the nation’s detention centres; that covers assault, accidents, escapes, riots, the discovery of weapons and several other categories — including births and deaths.

    Detention Logs have, at the time of writing, obtained 7,632 incident reports which cover the period between 3 Oct 2009 and 26 May 2011. These may be explored on their site via a data browser, allowing readers to filter by date, incident type and detention centre.

    Finding the stories

    Like many official documents, these reports were composed for internal eyes only. They can be difficult to decipher, or heavily redacted. Often, they suggest more questions than they answer.

    Users are encouraged to ‘adopt’ a report, then submit a further FOI request for more information: a ‘reporting recipe’ guides beginners in how to do this, and how to pull out stories both for the ‘far view’ (looking at all the data in aggregate) and the ‘near view’ (investigating individuals’ stories).

    For researchers and the technically-minded, there’s also the option to download the data in bulk.

    The result is that the public are gaining an unprecedented understanding of what life is like for detainees — and staff — inside Australia’s detention centres.

    Open data brings change

    The resulting stories are published on their Investigations page, but the data has also been used by national press and beyond.

    Luke Bacon, one of Detention Logs’ founders, told us of a few outcomes:

    • The Detention Logs project was a precursor to the Guardian’s publication of the Nauru Files —  more than 2,000 leaked incident reports from a detention camp on the Pacific island of Nauru. These have been presented in an online exploratory browser tool: the project was led by reporter Paul Farrell who is also a Detention Logs founder.
    • In turn, this has prompted a parliamentary inquiry into the treatment of people in the immigration detention system.
    • The data from Detention Logs has been used in research to show that the detention system is causing people to self-harm and attempt suicide.
    • The immigration department started releasing better information about how many people were in detention.

    So — while the issue of detention continues to be an inflammatory topic for the people of Australia, the project has been at least something of a success for transparency.

    It all goes to show what can be achieved when information is shared – and when the work of trawling through it is shared too.

    If you found this project interesting, you might also like to read about Muckrock’s FOI work on private prisons in the USA.

    Image: Kate Ausburn (CC-by/2.0)