Annual training on Rule 40 and Rule 42 segregation powers
Brook House Inquiry · The Brook House Inquiry Report · Issued 19 September 2023 · Addressed to: Home Office
Government responseHome Office: Accepted, fully or in part (not specified) (Jan 2025)
DeliveryHome Office says in progress (Jan 2025)
Recommendation, verbatim from the inquiry
●Inquiry 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.
Brook House Inquiry, The Brook House Inquiry Report · 19 Sep 2023 Source PDF →
Published evidence summary
AI-generated evidence summary
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.
About this summary
Government response
●Home Office · Accepted, fully or in part (not specified) · 15 Jan 2025
30 out of the 33 recommendations made by the Brook House Inquiry have been accepted or partially accepted.
Response document: Mistreatment of Detainees at Brook House Immigration Removal Centre Inquiry (written question UIN 23170)
Earlier statement from Home Office (1)
●Home Office · Under consideration · 19 Mar 2024
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.
Extract from: Government response to the public inquiry into Brook House Immigration Removal Centre
Delivery
●Home Office says in progress · 15 Jan 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
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