Public Inquiry Recommendations

4 Accepted in Part

Brook House Inquiry (2023)

Ensure reasonable internet and computer access for detainees

The Home Office and its contractors must ensure reasonable access to computers and the internet. Contractors must comply in full with Detention Services Order 04/2016: Detainee Access to the Internet, …

- In March 2024, the Home Office stated that service contracts mandate adherence to DSO 04/2016 (Detainee Access to the Internet) and that fines are …

5 Accepted in Part

Brook House Inquiry (2023)

Require proper cell sharing risk assessments

The Home Office must ensure that adequate risk assessment for cell sharing is carried out by contractors in relation to every detained person. This must be done at the outset …

- In March 2024, the Home Office stated that cell sharing risk assessments are covered under new contractual arrangements and that a new staffing model …

6 Accepted in Part

Brook House Inquiry (2023)

Review and reduce cell lock-in periods

The Home Office, in consultation with the contractor responsible for operating each immigration removal centre, must review the current lock-in regime and determine whether the period of time during which …

- In March 2024, the Home Office committed to implementing a maximum 9-hour overnight lock-in period, noting this was already being driven forward at Brook …

7 Not Accepted Urgent

Brook House Inquiry (2023)

Introduce 28-day maximum time limit on detention

The government must introduce in legislation a maximum 28-day time limit on any individual's detention within an immigration removal centre.

- In March 2024, the government rejected this recommendation, stating that "a time limit would significantly impair the ability to remove those who have breached …

8 Accepted in Part

Brook House Inquiry (2023)

Mandatory comprehensive Rule 34 and Rule 35 training

The Home Office (in collaboration with NHS England as required) must ensure that comprehensive training on Rule 34 and Rule 35 of the Detention Centre Rules 2001 is rolled out …

- In March 2024, the Home Office committed to reviewing Adults at Risk policy and Detention Centre Rules 34 and 35, and stated that NHS …

9 Under Consideration

Brook House Inquiry (2023)

Ensure effective operation and auditing of all Rule 35 limbs

The Home Office must, across the immigration detention estate, assure itself that all three limbs of Rule 35 of the Detention Centre Rules 2001 (reports by a medical practitioner where: …

- In March 2024, the Home Office stated that a detention gatekeeper system reviews suitability for detention and that a review of the Adults at …

10 Under Consideration

Brook House Inquiry (2023)

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 …

- In March 2024, the Home Office stated that an interim DSO had been published clarifying Rule 40 and Rule 42 authorisation protocols and that …

11 Accepted in Part

Brook House Inquiry (2023)

Review E Wing suitability for vulnerable detainees

The Home Office and the current operator of Brook House must keep under review the appropriateness of the multi-purpose use of E Wing, particularly in relation to its suitability as …

- In March 2024, the Home Office stated that the multi-purpose use of Eden Wing at Brook House was under consideration and that learning would …

12 Accepted in Part

Brook House Inquiry (2023)

Annual training on Rule 40 and Rule 42 segregation powers

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 …

- In March 2024, the Home Office committed to including staff training requirements and compliance auditing as part of the substantive DSO revision on Rule …

13 Accepted in Part

Brook House Inquiry (2023)

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 …

- In March 2024, the Home Office committed to compliance auditing across the detention estate as part of the DSO revision, noting this recommendation was …

14 Accepted

Brook House Inquiry (2023)

Prohibit handcuffing behind back while seated

The Home Office and contractors operating immigration removal centres must ensure that all staff are aware that the technique of handcuffing detained people with their hands behind their back while …

- In March 2024, the Home Office stated that it had communicated to all IRC and contracted service provider staff that handcuffing behind the back …

15 Accepted in Part Urgent

Brook House Inquiry (2023)

New comprehensive use of force detention services order

The Home Office must introduce, as a matter of urgency, a new and comprehensive detention services order to address use of force in immigration removal centres. The detention services order …

- In March 2024, the Home Office stated that a new DSO on use of force was being developed in consultation with experts, alongside an …

16 Accepted in Part Urgent

Brook House Inquiry (2023)

Independent review of use of force on mentally ill detainees

The Home Office must urgently commission an independent review (with the power to make recommendations) of use of force on detained people with mental ill health within immigration removal centres. …

- In March 2024, the Home Office accepted this recommendation in principle, stating it was working with HMPPS, NHS England and DHSC to develop new …

17 Accepted in Part Urgent

Brook House Inquiry (2023)

Mandatory use of force debrief training and multi-level review process

The Home Office must ensure, as a matter of urgency, that training is delivered on how to conduct an effective use of force incident debrief, ensuring that issues of detained …

- In March 2024, the Home Office committed to developing training on effective use of force debriefs and stated that use of force monthly meetings …

18 Accepted in Part Urgent

Brook House Inquiry (2023)

Update DSO on food and fluid refusal management and reporting

The Home Office must, as a matter of urgency, update Detention Services Order 03/2017: Care and Management of Detained Individuals Refusing Food and/or Fluid, to ensure that it deals with: …

- In March 2024, the Home Office stated that an updated DSO on food and fluid refusal had been published, linking food and fluid refusal …

19 Not Accepted

Brook House Inquiry (2023)

Healthcare staff guidance and training on use of force incidents

The Home Office must ensure that guidance is issued to healthcare staff in immigration removal centres clarifying their role in use of force incidents. It must liaise as necessary with …

- In March 2024, the government rejected this recommendation, stating that NHS England commissions healthcare services and that it is their responsibility, alongside the Care …

20 Accepted in Part

Brook House Inquiry (2023)

Update guidance on fit to fly and fit for detention medical assessments

The Home Office must review and update Detention Services Order 01/2016: The Protection, Use and Sharing of Medical Information Relating to People Detained Under Immigration Powers, to ensure that guidance …

- In March 2024, the Home Office accepted this recommendation in principle but stated that fit to fly assessments are a "medico-legal practice" outside the …

21 Accepted in Part

Brook House Inquiry (2023)

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 …

- In March 2024, the Home Office stated it was scoping requirements with NHS England regarding policy on detained people with mental ill health as …

22 Accepted in Part

Brook House Inquiry (2023)

Update healthcare complaints handling guidance

The Home Office must review and update Detention Services Order 03/2015: Handling of Complaints to ensure that appropriate guidance is given to healthcare providers on the investigation and handling of …

- In March 2024, the Home Office stated that a comprehensive review of complaints processes, including medical complaints, was underway in consultation with residents, IMBs, …

23 Accepted in Part

Brook House Inquiry (2023)

Quarterly assessment of staffing levels against population needs

The Home Office and contractors operating immigration removal centres must ensure that there is ongoing assessment of staffing levels (at least on a quarterly basis), so that the level of …

- In March 2024, the Home Office stated that a new staffing model had been implemented delivering a staffing ratio "nearly double what it was …

24 Accepted in Part

Brook House Inquiry (2023)

Mandatory staff training on mental health and trauma-informed approaches

The Home Office, in conjunction with contractors, must ensure that all relevant immigration removal centre staff receive mandatory introductory and annual training on: mental health; race and diversity; a trauma-informed …

- In March 2024, the Home Office stated that the Initial Training Course for all new contracted service provider staff was undergoing a full review, …

25 Accepted in Part

Brook House Inquiry (2023)

Ensure senior manager presence and accessibility to staff

Contractors operating immigration removal centres must ensure that senior managers are regularly present and visible within the immigration removal centre and are accessible to more junior detention staff.

- In March 2024, the Home Office stated that contractors are required to ensure senior managers are regularly present and visible within IRCs, addressing desensitisation …

26 Accepted in Part

Brook House Inquiry (2023)

Ensure Home Office staff presence and visibility in IRCs

The Home Office must ensure that its staff are regularly present and visible within each immigration removal centre.

- In March 2024, the Home Office stated that Detention Engagement Team expansion was underway with further recruitment to increase Home Office staff presence in …

27 Accepted in Part

Brook House Inquiry (2023)

Action plan to address staff desensitisation and secondary trauma

Contractors operating immigration removal centres must develop and implement an action plan to ensure a safe and healthy staff culture in immigration removal centres. The action plan must address: the …

- In March 2024, the Home Office stated that a code of conduct and mandatory staff engagement strategy had been introduced, and that the ITC …

28 Accepted in Part

Brook House Inquiry (2023)

Address barriers to detainee complaints including fear of repercussions

The Home Office and its contractors operating immigration removal centres must take steps to identify and address the barriers to making complaints that are faced by detained people, including a …

- In March 2024, the Home Office committed to a comprehensive review of complaints processes, including barriers faced by detainees, in consultation with residents, IMBs, …

29 Accepted in Part

Brook House Inquiry (2023)

Improve Professional Standards Unit investigation procedures and training

The Home Office must update Detention Services Order 03/2015: Handling of Complaints to clarify that, in investigations carried out by the Professional Standards Unit into allegations of serious misconduct against …

- In March 2024, the Home Office stated that the PSU had updated its training to reflect Brook House Inquiry findings, including training in interviewing …

30 Not Accepted

Brook House Inquiry (2023)

Enhance Professional Standards Unit independence and seniority

The Home Office must: take steps to enhance the independence of the Professional Standards Unit from the Home Office and the perception of this independence; and increase the seniority of …

- In March 2024, the government rejected this recommendation, stating: "The seniority of the Head of the PSU will not be changed," and expressing confidence …

31 Accepted in Part

Brook House Inquiry (2023)

Update whistleblowing DSO with anonymous reporting mechanisms

The Home Office must update Detention Services Order 03/2020: Whistleblowing – The Public Interest Disclosure Act 1998 to require contractors that run immigration removal centres to: have a whistleblowing policy …

- In March 2024, the Home Office committed to including whistleblowing process improvements in its comprehensive complaints and DSO review (Government Response to the Brook …

32 Accepted in Part

Brook House Inquiry (2023)

Strengthen Independent Monitoring Board statutory footing and responsiveness

The government must: respond to and publish responses to all concerns raised by any Independent Monitoring Board regarding immigration removal centres; take steps without further delay to amend the Detention …

- In March 2024, the Home Office stated that the Ministry of Justice had committed in the 2021 Prisons Strategy White Paper to pursue legislative …

33 Accepted in Part

Brook House Inquiry (2023)

Improve HMIP and IMB evidence gathering and reporting processes

HM Inspectorate of Prisons and Independent Monitoring Boards working within immigration removal centres must ensure that they have robust processes for: obtaining and reporting on an enhanced range of evidence …

- In March 2024, the Home Office stated that it was considering its reliance on external scrutiny organisations, and noted this recommendation was directed primarily …

L1 Accepted in Part

Leveson Inquiry (2012)

Independent Board Governance

An independent self regulatory body should be governed by an independent Board. In order to ensure the independence of the body, the Chair and members of the Board must be …

- The Prime Minister stated on 29 November 2012 that he accepted the principles Lord Justice Leveson laid out for independent self-regulation, including an independent …

L2 Accepted in Part

Leveson Inquiry (2012)

Chair Appointment Panel

The appointment of the Chair of the Board should be made by an appointment panel. The selection of that panel must itself be conducted in an appropriately independent way and …

- The Prime Minister stated on 29 November 2012 that he accepted the principle of independent appointments for press self-regulation (Oral Statement to Parliament, Prime …

L3 Accepted in Part

Leveson Inquiry (2012)

Appointment Panel Composition

The appointment panel: (a) should be appointed in an independent, fair and open way; (b) should contain a substantial majority of members who are demonstrably independent of the press; (c) …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including independent appointments (Oral Statement to Parliament, Prime …

L4 Accepted in Part

Leveson Inquiry (2012)

Board Appointment Independence

The appointment of the Board should also be an independent process, and the composition of the Board should include people with relevant expertise. The requirement for independence means that there …

- The Prime Minister stated on 29 November 2012 that he accepted the principle of an independent board with no serving editors (Oral Statement to …

L5 Accepted in Part

Leveson Inquiry (2012)

Board Member Composition

The members of the Board should be appointed by the same appointment panel that appoints the Chair, together with the Chair (once appointed), and should: (a) be appointed by a …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L6 Accepted in Part

Leveson Inquiry (2012)

Funding Settlement

Funding for the system should be settled in agreement between the industry and the Board, taking into account the cost of fulfilling the obligations of the regulator and the commercial …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including adequate funding (Oral Statement to Parliament, Prime …

L7 Accepted in Part

Leveson Inquiry (2012)

Standards Code Responsibility

The standards code must ultimately be the responsibility of, and adopted by, the Board, advised by a Code Committee which may comprise both independent members of the Board and serving …

- The Prime Minister stated on 29 November 2012 that he accepted the principle of a standards code (Oral Statement to Parliament, Prime Minister's Office, …

L8 Accepted in Part

Leveson Inquiry (2012)

Code Content Requirements

The code must take into account the importance of freedom of speech, the interests of the public (including the public interest in detecting or exposing crime or serous impropriety, protecting …

- The Prime Minister stated on 29 November 2012 that he accepted the principle of a standards code covering privacy, accuracy, and the public interest …

L9 Accepted in Part

Leveson Inquiry (2012)

Internal Governance Processes

The Board should require, of those who subscribe, appropriate internal governance processes, transparency on what governance processes they have in place, and notice of any failures in compliance, together with …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including internal governance requirements (Oral Statement to Parliament, …

L10 Accepted in Part

Leveson Inquiry (2012)

Complaint Handling Mechanism

The Board should require all those who subscribe to have an adequate and speedy complaint handling mechanism; it should encourage those who wish to complain to do so through that …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including complaint handling (Oral Statement to Parliament, Prime …

L11 Accepted in Part

Leveson Inquiry (2012)

Power to Hear Complaints

The Board should have the power to hear and decide on complaints about breach of the standards code by those who subscribe. The Board should have the power (but not …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including complaints adjudication (Oral Statement to Parliament, Prime …

L12 Accepted in Part

Leveson Inquiry (2012)

Complaint Decision Responsibility

Decisions on complaints should be the ultimate responsibility of the Board, advised by complaints handling officials to whom appropriate delegations may be made.

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L13 Accepted in Part

Leveson Inquiry (2012)

Complaints Committee Composition

Serving editors should not be members of any Committee advising the Board on complaints and any such Committee should have a composition broadly reflecting that of the main Board, with …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L14 Accepted in Part

Leveson Inquiry (2012)

Free Complaints Process

It should continue to be the case that complainants are able to bring complaints free of charge.

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L15 Accepted in Part

Leveson Inquiry (2012)

Power to Direct Remedies

In relation to complaints, the Board should have the power to direct appropriate remedial action for breach of standards and the publication of corrections and apologies. Although remedies are essentially …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including remedial powers (Oral Statement to Parliament, Prime …

L16 Accepted in Part

Leveson Inquiry (2012)

Apology Placement Power

The power to direct the nature, extent and placement of apologies should lie with the Board.

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation (Oral Statement to Parliament, Prime Minister's Office, 29 …

L17 Accepted in Part

Leveson Inquiry (2012)

No Prior Restraint Power

The Board should not have the power to prevent publication of any material, by anyone, at any time although (in its discretion) it should be able to offer a service …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including protection of press freedom (Oral Statement to …

L18 Accepted in Part

Leveson Inquiry (2012)

Investigation Powers

The Board, being an independent self-regulatory body, should have authority to examine issues on its own initiative and have sufficient powers to carry out investigations both into suspected serious or …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including own-initiative investigations (Oral Statement to Parliament, Prime …

L19 Accepted in Part

Leveson Inquiry (2012)

Financial Sanctions Power

The Board should have the power to impose appropriate and proportionate sanctions, (including financial sanctions up to 1% of turnover with a maximum of £1m), on any subscriber found to …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including financial sanctions (Oral Statement to Parliament, Prime …

L20 Accepted in Part

Leveson Inquiry (2012)

Compliance Record Keeping

The Board should have both the power and a duty to ensure that all breaches of the standards code that it considers are recorded as such and that proper data …

- The Prime Minister stated on 29 November 2012 that he accepted the principles for independent self-regulation including record-keeping (Oral Statement to Parliament, Prime Minister's …