D.6 Restrictions on detained people

Introduction

1. The Detention Centre Rules 2001 (the Rules) contain powers that restrict the rights of detained people, segregating them from others to some degree.
2. Rule 40 allows the removal of a detained person from association where “it appears necessary in the interests of security or safety”. It restricts a detained person’s ability to associate with others in the way usually permitted at a centre. The initial period of authorisation for removal from association can be up to 24 hours, but may be extended to a maximum of 14 days.¹ The Rule 40 power was used on 241 occasions at Brook House during the relevant period (1 April 2017 to 31 August 2017), as recorded by the Home Office and G4S in their combined reports to the Independent Monitoring Board at Brook House (Brook House IMB), when there were, on average, around 450 people detained there.² Detained people were removed from association in situations where, for example, they had been involved in a protest, assaulted a member of staff, refused to leave their cell, damaged property, refused to share a cell, or assaulted or fought with other detained people.³
3. Rule 42 contains a power to confine a “refractory or violent detained person” in “special accommodation”. Although it is not defined within the Rules, ‘refractory’ is ordinarily understood to refer to someone who is difficult to control or unwilling to obey authority. The power must not be used as a punishment or after a detained person has ceased to be refractory or violent. A detained person cannot be confined under Rule 42 for more than 24 hours without a written direction from an officer of the Secretary of State, who must state the grounds for the confinement and the time during which it may continue (which must not exceed three days).⁴ This power was used twice at Brook House during the relevant period, as recorded by the Home Office and G4S.⁵
4. The purpose of Rule 40 and Rule 42 is to maintain safety (either of the detained person or of others) or security. Their use must, however, be balanced with “the need to have due regard to the dignity and welfare of the individual”.⁶ In addition, Rule 40 and Rule 42 “must be used only as a last resort, when all other options have been exhausted or are assessed as likely to fail or to be insufficient as an effective means to address the risk considered to be presented” by the detained person.⁷
5. Rule 40 and Rule 42 impose significant restrictions on detained people’s liberty. Accordingly, the Rules strictly define who can authorise their use and in what circumstances they can and cannot be used. Minimum requirements relating to the use of the Rules are set out in the Detention Services Operating Standards Manual for Immigration Service Removal Centres (the Operating Standards Manual, January 2005).⁸ In addition, Detention Services Order 02/2017: Removal from Association (Detention Centre Rule 40) and Temporary Confinement (Detention Centre Rule 42) (the Restrictions Detention Services Order (DSO), dated July 2017 and updated in September 2020) sets out further detail about the operation of both Rules.⁹
6. In this chapter, I consider issues relating to the use of Rule 40 and Rule 42 during the relevant period, with a greater focus on removal from association, which was used more frequently at Brook House.

1. Detention Centre Rules 2001, Rules 40(3) and 40(4) [↩]
2. As recorded in IMB/G4S combined reports April–August 2017: IMB000021; IMB000050; IMB000011; IMB000047; IMB000019. Average population calculated using the occupancy on the last date of each month reported in those IMB/G4S combined reports[↩]
3. CJS001710; CJS001744; CJS001671; CJS001664; CJS001689; CJS001692; CJS001667; CJS001681; CJS002021; CJS001670; CJS001839; CJS001758[↩]
4. Detention Centre Rules 2001, Rules 42(3) and 42(4) [↩]
5. As recorded in IMB/G4S combined reports April–August 2017: IMB000021; IMB000050; IMB000011; IMB000047; IMB000019[↩]
6. CJS000676_005 para 2[↩]
7. CJS000676_009 para 19[↩]
8. Detention Services Operating Standards Manual for Immigration Service Removal Centres, January 2005[↩]
9. Detention Services Order 02/2017: Removal from Association (Detention Centre Rule 40) and  Temporary Confinement (Detention Centre Rule 42) (CJS000676), Home Office, July 2017 (updated September 2020) [↩]