Quarterly auditing of Rule 40 and Rule 42 use
The Home Office must regularly (and at least quarterly) audit the use of Rule 40 and Rule 42 across the immigration detention estate, in order to identify trends, any training needs and required improvements. In addition, HM Inspectorate of Prisons and the National Chair and Management Board of Independent Monitoring Boards must review processes to consider how they fulfil their oversight role in respect of Rule 40 and Rule 42, and report on the monitoring of the use of Rules 40 and 42 going forward.
- DSO 2/2017 v5.0, published November 2025, requires daily multidisciplinary team reviews and documentation of each removal from association via prescribed forms (Detention Services Order 02/2017 v5.0, Home Office, November 2025).
- No independent published audit confirming quarterly estate-wide auditing of Rule 40/42 use has been identified to March 2026.
How was this evidence gathered?
Response
Accepted in Part
Response
Accepted in PartThe DSO revision includes compliance auditing across the detention estate. This recommendation was also directed at HMIP and the IMB Management Board.
Progress Timeline
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.
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."