Ensure effective operation and auditing of all Rule 35 limbs
The Home Office must, across the immigration detention estate, assure itself that all three limbs of Rule 35 of the Detention Centre Rules 2001 (reports by a medical practitioner where: (i) it is likely that a detained person's health would be injuriously affected by continued detention (Rule 35(1)); (ii) it is suspected that a detained person has suicidal intentions (Rule 35(2)); or (iii) there is a concern that a detained person may have been a victim of torture (Rule 35(3))) are being followed, are operating effectively and are adequately resourced, in recognition of the key safeguarding role that the Rule plays. The Home Office must also regularly audit the use of Rule 35 in order to identify trends, any training needs and required improvements.
- In May 2024, the Home Office published an updated Adults at Risk in Immigration Detention policy (Adults at Risk in Immigration Detention policy, Home Office, 21 May 2024).
- In July 2025, the Home Office published an interim DSO on Rule 35 with strengthened guidance on all three limbs, including suicidal intent, pending the completion of the full review (Detention Services Order 09/2016 interim version, Home Office, July 2025).
- No independent audit of Rule 35 operation across all three limbs has been identified in published reports to March 2026.
How was this evidence gathered?
Response
Under Consideration
Response
Under ConsiderationThe detention gatekeeper system reviews suitability for detention. The Adults at Risk in immigration detention policy is in place. A review of the AaR policy and Rules 34 and 35 is underway.
Progress Timeline
High Court ruling AH and IS v SSHD [2025] EWHC 3269 (Admin) (15 December 2025): Home Secretary failed to comply with Article 3 ECHR systems duty in Rule 35 safeguarding at Brook House between July 2023 and March 2024. Only 17 Rule 35(1) and 3 Rule 35(2) reports filed despite 260 ACDT care plans during this period.
Angela Eagle, Written PQ 23170 (15 January 2025): 'On track for closure by summer 2025.'
Published Evidence
Published assessments of progress from inspectorates, select committees, official progress reports, and other sources. Source type badge indicates whether each assessment is independent or government self-reported.
Rule 35 appointments taking up to 3 weeks - far too long. Routine failure to submit reports for suicidal detainees. Home Office identification of vulnerabilities inadequate.
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.
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."