Ensure effective operation and auditing of all Rule 35 limbs
Brook House Inquiry · The Brook House Inquiry Report · Issued 19 September 2023 · Addressed to: Home Office
Source — verbatim from the inquiry
●Inquiry recommendation
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: (i) it is likely that a detained person's health would be injuriously affected by continued detention (Rule 35(1)); (ii) it is suspected that a detained person has suicidal intentions (Rule 35(2)); or (iii) there is a concern that a detained person may have been a victim of torture (Rule 35(3))) are being followed, are operating effectively and are adequately resourced, in recognition of the key safeguarding role that the Rule plays. The Home Office must also regularly audit the use of Rule 35 in order to identify trends, any training needs and required improvements.
Brook House Inquiry, The Brook House Inquiry Report · 19 Sep 2023 Source PDF →
Published evidence summary
Publicly available evidence relating to this recommendation:
- In May 2024, the Home Office published an updated Adults at Risk in Immigration Detention policy (Adults at Risk in Immigration Detention policy, Home Office, 21 May 2024).
- In July 2025, the Home Office published an interim DSO on Rule 35 with strengthened guidance on all three limbs, including suicidal intent, pending the completion of the full review (Detention Services Order 09/2016 interim version, Home Office, July 2025).
- No independent audit of Rule 35 operation across all three limbs has been identified in published reports to March 2026.
Response — verbatim from government
●Home Office
The detention gatekeeper system reviews suitability for detention. The Adults at Risk in immigration detention policy is in place. A review of the AaR policy and Rules 34 and 35 is underway.
Home Office · 19 Mar 2024 Written response →
Evidence trail — what's actually happened since
- 15 Dec 2025 High Court ruling AH and IS v SSHD [2025] EWHC 3269 (Admin) (15 December 2025): Home Secretary failed to comply with Article 3 ECHR systems duty in Rule 35 safeguarding at Brook House between July 2023 and March 2024. Only 17 Rule 35(1) and 3 Rule 35(2) reports filed despite 260 ACDT care plans during this period. Source →
- 14 Jan 2025 Angela Eagle, Written PQ 23170 (15 January 2025): 'On track for closure by summer 2025.' Source →
- 3 Sep 2025 · HM Inspectorate of Prisons Rule 35 appointments taking up to 3 weeks - far too long. Routine failure to submit reports for suicidal detainees. Home Office identification of vulnerabilities inadequate. View source → Insufficient Progress
- 19 Sep 2024 · Brook House Inquiry Chair 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. Insufficient Progress
Each entry above links to a primary source — gov.uk written statement, consultation response document, or inspection report. The Index does not characterise government intent; it tracks what has been published.
How this page is built
Source and Response are verbatim from primary documents. The Evidence trail records published activity since — written statements, consultation outcomes, inspection findings, parliamentary references. The Index does not paraphrase or characterise intent; it tracks what has been published. Where the evidence is the absence of action (a missed deadline, a slipped timetable), that absence is documented from primary sources rather than inferred.
This recommendation's data is verified periodically against primary sources. The Index is monitored for staleness weekly.