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Update mental vulnerability and mental capacity DSO guidance

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 (May 2025)

Recommendation, verbatim from the inquiry

●Inquiry recommendation

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.

Brook House Inquiry, The Brook House Inquiry Report · 19 Sep 2023 Source PDF →

Published evidence summary

AI-generated evidence summary

In a letter of May 2025, quoted in a High Court judgment of July 2025, Dame Angela Eagle, Minister for Border Security and Asylum, stated that the Home Office was reviewing the process for sharing medical information, with work aimed at completion in summer 2025 (Dame Angela Eagle, May 2025). Earlier, in a January 2025 parliamentary written answer, the Minister reported 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).

Sources

AI-generated summary of the record on this page, checked by a second model and automatic checks, 27 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

6.7.3. The Home Office and DHSC are considering the policy around detained people with mental ill health as part of a wider piece of work around vulnerable adults and, along with NHS England, are scoping out the requirements for any further work.

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 · 22 May 2025

We are currently reviewing the process for sharing medical information to ensure that the most appropriate legal basis is used in any situation and to mitigate operational challenges. Ongoing work includes reviewing the DSO on Medical Information Sharing (DSO 01/2016) with the aim of completion in summer 2025.

From: R (D1914 and AAA) v Secretary of State for the Home Department; R (AVY) v Secretary of State for the Home Department, Dame Angela Eagle, Minister for Border Security and Asylum

Site note: These are the words of the letter of 22 May 2025 from the Minister for Border Security and Asylum to Bell Ribeiro-Addy MP, as reproduced in the judgment in R (D1914 and AVY) v Secretary of State for the Home Department [2025] EWHC 1853 (Admin). The letter itself is not published: it is on GOV.UK nowhere, was not deposited in Parliament and is not annexed to the judgment, so the judgment is the record that carries it and is the source this row cites. The judgment quotes it on this recommendation at paragraph 218.

Earlier statements on delivery (0)

●Home Office · 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.