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Quarterly auditing of Rule 40 and Rule 42 use

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 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.

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). The department previously stated in its March 2024 response that it had issued an interim Detention Services Order on Rules 40 and 42, and that compliance would be audited once a substantive review of the guidance was completed (Home Office response, Mar 2024).

AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026.

Government response

●Home Office · Accepted, fully or in part (not specified) · 15 Jan 2025

Words of: Dame Angela Eagle, Minister of State, Home Office, written answer to Bell Ribeiro-Addy MP, House of Commons, 15 January 2025 (UIN 23170)

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)

Site note: The written answer gives this sentence once, for 30 of the 33 recommendations together: every recommendation except 7, 19 and 30, which it says were rejected. It does not say which of the 30 were accepted in full and which in part, so the site records "Accepted, fully or in part (not specified)". The same words are recorded on recommendations 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32 and 33. Recommendations 1, 2 and 3 are among the 30 but are not given this row, because the Minister's letter of 22 May 2025 states a position on each of them.

Earlier statement from Home Office (1)

●Home Office · Under consideration · 19 Mar 2024

Words of: Home Office, Government response to the public inquiry into Brook House Immigration Removal Centre (CP 1041), March 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

Site note: CP 1041 is organised by ten key issues, not by recommendation, and states no position on any individual recommendation. Its only general statement of acceptance is that "The government has carefully considered and accepts the broad thrust of the recommendations". The words "in principle" do not appear anywhere in the document.

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

From: Mistreatment of Detainees at Brook House Immigration Removal Centre Inquiry (written question UIN 23170)

Site note: One written answer of 15 January 2025 addresses all 33 recommendations in groups: it names each recommendation in one of four groups and says nothing further about any of them individually. It does not say which of the 30 it describes as "accepted or partially accepted" were accepted in full and which in part.

Site note: The source gives this passage once, for the 13 remaining accepted recommendations. The same words are recorded on recommendations 8, 9, 10, 12, 13, 15, 16, 17, 20, 21, 31, 32 and 33.

How this page is built

The recommendation and the government responses are verbatim from primary documents. Delivery statements and other bodies' findings are shown in their own words, each with its source. The summary is written by this site and labelled as such. The Index does not paraphrase sources or characterise intent; it records what has been published.