10 Response Under Consideration AI-assessed

Clarify authorisation for Rule 40 and Rule 42 segregation

Recommendation

The Home Office must amend, as a matter of urgency, Detention Services Order 02/2017: Removal from Association (Detention Centre Rule 40) and Temporary Confinement (Detention Centre Rule 42) and, if necessary, the Detention Services Operating Standards Manual for Immigration Service Removal Centres, to clarify who can authorise use of Rule 40 and Rule 42 of the Detention Centre Rules 2001, in both urgent and non-urgent circumstances, including providing a definition of the term 'manager' in Rule 40(2) and Rule 42(2). In anticipation of the update to Detention Services Order 02/2017, the Home Office must issue an immediate instruction to communicate this clarification to staff and contractors operating immigration detention centres.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
The Home Office published an interim Detention Services Order (DSO) to clarify authorisation protocols for Rule 40 (removal from association) and Rule 42 (temporary confinement) (Official government response, 19 March 2024). A substantive DSO revision was underway, examining assurance mechanisms, staff training, and compliance auditing, and was on track for closure by summer 2025 (Angela Eagle, Written PQ 23170, 15 January 2025). As of March 2026, the completion of the substantive DSO revision has not been explicitly confirmed. An independent review in August 2025 noted better-resourced welfare and reception services and improved healthcare, but did not specifically address the clarification of Rule 40 and Rule 42 authorisation (HM Inspectorate of Prisons, August 2025).
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
Under Consideration
Under Consideration Home Office
19 Mar 2024

An interim Detention Services Order has been published clarifying Rule 40 (removal from association) and Rule 42 (temporary confinement) authorisation protocols. A substantive DSO revision is underway examining assurance mechanisms, staff training, and compliance auditing.

Read Full Response
Progress Timeline
Parliamentary Answer
14 Jan 2025

Angela Eagle, Written PQ 23170 (15 January 2025): 'On track for closure by summer 2025.'

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.

Reasonable Progress
03 Sep 2025
HM Inspectorate of Prisons Inspection Report

Better-resourced welfare and reception services. Healthcare provision improved but gaps remain in mental health support.

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
Report The Brook House Inquiry Report 19 Sep 2023
Responsible Bodies
Home Office Primary
Recommendation age 2.5 yrs
Last formal update 434 days ago