Update mental vulnerability and mental capacity DSO guidance
The Home Office must review and update Detention Services Order 04/2020: Mental Vulnerability and Immigration Detention: Non-Clinical Guidance to set out comprehensive guidance for detention and healthcare staff where there are concerns that a detained person is suffering mental ill health or lacks mental capacity. This must include an appropriate system for: the routine handover or sharing of relevant information between detention custody staff and healthcare staff (for example, in Security Information Reports and Anti-Bullying Support Plans); the identification and follow-up of missed medical appointments; the assessment of mental capacity where indicated; and mental health assessment where indicated. The Home Office must ensure that training about the updated guidance takes place on a regular (at least annual) basis for detention and healthcare staff, as well as those responsible for managing them. The training must be subject to an assessment.
- In January 2025, DSO 08/2016 (Management of Adults at Risk) was updated to include mandatory Vulnerable Adult Care Plans for Level 3 cases, standardised VACPs across all facilities, and new caseworker responsibilities (Detention Services Order 08/2016, Home Office, January 2025).
- The July 2025 interim Rule 35 DSO includes updated guidance on detained persons who may lack mental capacity, though the full mental vulnerability DSO revision remained pending the completion of the Adults at Risk and Rule 34–35 review (Detention Services Order 09/2016 interim, Home Office, July 2025).
How was this evidence gathered?
Response
Accepted in Part
Response
Accepted in PartThe government stated it is considering policy on detained people with mental ill health as part of wider work on vulnerable adults, scoping requirements with NHS England.
Progress Timeline
High Court ruling AH and IS v SSHD [2025] EWHC 3269 (Admin) (15 December 2025): found systemic disconnect between Adults at Risk policy, ACDT systems, and Rule 35 processes at Brook House.
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.
Engagement with charities described as "very limited". 10 people released homeless in past year including 3 assessed as adults at risk.
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."