7 Response Not Accepted Self-assessed

Introduce 28-day maximum time limit on detention

Recommendation

The government must introduce in legislation a maximum 28-day time limit on any individual's detention within an immigration removal centre.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
The government formally rejected the recommendation to introduce a 28-day maximum time limit on immigration detention, stating it would impair the ability to remove individuals who have breached immigration laws (Official government response, March 2024; Written PQ 23170, January 2025). A High Court ruling in July 2025 affirmed that the government was under no legal obligation to comply with inquiry recommendations and that the rejection was a lawful exercise of discretion (R (D1914) v SSHD [2025] EWHC 1853 (Admin)). HM Inspectorate of Prisons reported in September 2025 that 67% of detainees at Brook House were held for over two months, with the longest detention exceeding 550 days, indicating no change in practice regarding detention length.
How was this assessed?
Assessed by gemini-2.5-flash on 18 Mar 2026
Checked data held on this site (government responses, progress updates, independent evidence)
External sources searched: www.gov.uk, www.legislation.gov.uk, hansard.parliament.uk
Jurisdiction
England
Response
Not Accepted
Not Accepted Home Office
19 Mar 2024

The government does not accept this recommendation. The government stated: 'A time limit would significantly impair the ability to remove those who have breached immigration laws and refused to leave the UK voluntarily.'

Read Full Response
Progress Timeline
court_ruling
21 Jul 2025

Judicial review R (D1914) v SSHD [2025] EWHC 1853 (Admin) dismissed (21 July 2025). Court found no legal obligation on government to comply with public inquiry recommendations. Rejection of 28-day detention time limit held to be lawful exercise of discretion.

Source
Parliamentary Answer
14 Jan 2025

Angela Eagle, Written PQ 23170 (15 January 2025): '30 out of the 33 recommendations have been accepted or partially accepted. Following full consideration three recommendations (recommendations 7, 19 and 30) have been rejected.'

Source
Published Evidence

Published assessments of implementation progress from inspectorates, select committees, official progress reports, and other sources. Check the source type badge to see whether each assessment is independent or government self-reported.

No Meaningful Progress
03 Sep 2025
HM Inspectorate of Prisons Inspection Report

Government rejected this recommendation. 67% of detainees held over 2 months. Longest detention exceeded 550 days.

View detailed findings

Based on Independent Review of Progress visit in August 2025, following up 13 concerns from August 2024 inspection. Brook House run by Serco held 192 detainees at time of visit.

Report on an independent review of progress at Br… View Source
Insufficient Progress
19 Sep 2024
Brook House Inquiry Chair Other

Inquiry Chair Kate Eves described government response as "inadequate" and called for a "reset" with the new government. Warned abuse "becomes a question of when, not if" it happens again.

View detailed findings

In September 2024, Kate Eves told Channel 4 News she was "disappointed with what I see as an inadequate response by the former government to an important report." She noted the inquiry cost about £20 million over four years. Home Office lawyers had argued her "recommendations are not binding."

Channel 4 News interview, September 2024
Source
Inquiry Brook House Inquiry
Report The Brook House Inquiry Report 19 Sep 2023
View Source
Themes & Tags
Police investigation management Time Limit 28 Days Detention
Recommendation age 2.5 yrs
Last formal update 21 Jul 2025