FOREIGN prisoners in Hockley are being held beyond their sentences because officials have not checked their immigration status.

An annual report on Bullwood Hall prison, which only houses foreign nationals, said the UK Border Agency failed to check prisoners’ immigration status ahead of their jail terms ending.

This meant criminals were kept at taxpayers’ expense, sometimes for up to two weeks after they should have left.

The report, published yesterday, said: “The number of sentence-expired prisoners held by the border agency continues to remain stubbornly high. It is distressing for prisoners who are expecting to be released at the end of their sentence, only to be informed, often at short notice, they continue to be detained.”

Rod Salmon, chairman of the Independent Monitoring Board, which carried out the report, said: “Sometimes prisoners are not told until the day before they are released the agency is interested in them and the prison has to detain them beyond their sentence.

“The prison has no control over the agency, but we will monitor the issue to ensure the situation does improve.”

Toby Allanson, spokesman for the UK Border Agency spokesman: “The system for dealing with the consideration and removal of foreign national prisoners is more effective than ever, with record numbers being sent home – 5,400 in 2008 alone.

“It is routine to consider deportation up to 12 months before the conclusion of a foreign offender’s sentence and in the majority of cases removal is achieved on or before their release date.

“Our top priority must be public protection and therefore, in cases where removal is imminent, but could not be achieved before the end of a prisoner’s sentence, an extended period of detention is sometimes needed while the necessary travel arrangements are made.

“Prisoners who are detained beyond the terms of their sentence have the opportunity to apply through the courts for bail.”

The report commends prison management for a number of improvements during the past year, including the fact progress has been made in helping prisoners to resettle once they are released.

But concerns were raised once more that prisoners do not have adequate night time access to toilets, with some having to wait up to two hours to be let out and taken to toilets, or use plastic potties in their shared cells.

Mr Salmon, whose board criticised the system last year, said: “At night, in certain wings, there is an antiquated system. They have to press a button and wait to be taken to the toilet. Installing toilets in cells is very expensive, but we continue to bring it up with the Ministry of Justice because this is an inhumane system for prisoners.”

The prison is a category C male prison holding 800 low-risk foreign offenders.