Recommendation 12: Annual training on Rule 40 and Rule 42 segregation powers
From The Brook House Inquiry Report, published 19 September 2023.
Recommendation
The Home Office and contractors operating immigration removal centres must provide regular training, at least annually, on the operation of Rule 40 and Rule 42 of the Detention Centre Rules 2001, which must include: that Rules 40 and 42 are the only powers under which detained people in immigration removal centres can be removed from association and/or located in temporary confinement; who is permitted to authorise use of those Rules and in what circumstances they may be authorised; that Rules 40 and 42 cannot be used as a punishment or solely for administrative convenience before a planned removal or transfer; and the need to assess any adverse effect that use of Rule 40 or Rule 42 could have on a detained person's physical or mental health, and to consider any steps that could be taken to mitigate those effects. Attendance must be mandatory for all staff working in immigration removal centres and those responsible for managing them. The training must be subject to an assessment.
In brief (written by this site)
In a January 2025 parliamentary written answer, Dame Angela Eagle, Minister of State at the Home Office, stated that the recommendation had been accepted or partially accepted and was "on track for closure by summer 2025" (Dame Angela Eagle response, Jan 2025; Dame Angela Eagle, Jan 2025). Previously, in its March 2024 response, the department stated that it had published interim operational guidance on the use of Rule 40 and Rule 42 segregation powers, while undertaking a substantive review to develop updated staff training and audit mechanisms (Home Office response, Mar 2024).
Sources
AI-generated summary of the record on this page, checked by a second model and automatic checks, 27 Sep 2026. The record below is the sources' own words.
About this summary
This recommendation applies across many organisations. The record reflects central policy activity; adoption in individual organisations may vary.
Government response
30 out of the 33 recommendations made by the Brook House Inquiry have been accepted or partially accepted.
How this response relates to the recommendation
Site note: The written answer gives this sentence once, for 30 of the 33 recommendations together: every recommendation except 7, 19 and 30, which it says were rejected. It does not say which of the 30 were accepted in full and which in part, so the site records "Accepted, fully or in part (not specified)". The same words are recorded on recommendations 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32 and 33. Recommendations 1, 2 and 3 are among the 30 but are not given this row, because the Minister's letter of 22 May 2025 states a position on each of them.
Earlier statement from Home Office (1)
6.5.1. The Home Office has published an interim DSO to provide staff with further clarity on the use of Rule 40 (removal from association) and Rule 42 (temporary confinement) of the Detention Centre Rules 2001. This operational guidance establishes who can authorise use of Rule 40 and Rule 42 and the circumstances when this is appropriate. A substantive review of the DSO is being undertaken which will also consider assurance mechanisms and updated training for staff and, once in place, compliance with the DSO will be audited. Appropriate detail from the updated DSO will form part of ITCs.
How this response relates to the recommendation
Site note: CP 1041 is organised by ten key issues, not by recommendation, and states no position on any individual recommendation. Its only general statement of acceptance is that "The government has carefully considered and accepts the broad thrust of the recommendations". The words "in principle" do not appear anywhere in the document.
Delivery
Home Office says in progress (15 January 2025)
the remaining 13 (recommendations 8, 9, 10, 12, 13, 15, 16, 17, 20, 21, 31, 32 and 33) on track for closure by summer 2025
Site note: One written answer of 15 January 2025 addresses all 33 recommendations in groups: it names each recommendation in one of four groups and says nothing further about any of them individually. It does not say which of the 30 it describes as "accepted or partially accepted" were accepted in full and which in part.
Site note: The source gives this passage once, for the 13 remaining accepted recommendations. The same words are recorded on recommendations 8, 9, 10, 12, 13, 15, 16, 17, 20, 21, 31, 32 and 33.
Responsible bodies
Themes and tags
Who has spoken
- Home Office
Response, delivery statement