Clarify authorisation for Rule 40 and Rule 42 segregation
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.
How was this assessed?
Response
Under Consideration
Response
Under ConsiderationAn 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.
Progress Timeline
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.
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.
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.
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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."