My partner signed with the facilitated voluntary return scheme over 16 months ago. In this time he was relised from prison and has been trying to get them to sort his situation out has been to immigration court 21 times to be told they have no authority, he now no longer wants to return home as we plan to marry, he went to them this morning and they have detained him to send him home but not through the voluntray return scheme because they say it is taking to long is there any thing we can do, at the moment he is being takien to a detention centre?

Not enough info.. but you need to understand that there are certain conditions that he cannot become legal while in US but has to return to his home country and wait for visa number there.

You need an experienced immigration attorney..