Appendix 1: Methodology

Background

1. In September 2017, the BBC Panorama programme ‘Undercover: Britain’s Immigration Secrets’ (referred to in this Report as ‘the Panorama programme’) showed a number of people detained at Brook House being subjected to physical and verbal abuse by staff members.¹ A special investigation by the Prisons and Probation Ombudsman (PPO) was announced in September 2018 to investigate the decisions, actions and circumstances surrounding the mistreatment of detained people at Brook House broadcast in the Panorama programme.² In June 2019, following a judicial review brought by two former detained people, MA (D1527) and BB (D687), the court concluded that an effective investigation for the purposes of Article 3 of the European Convention on Human Rights (Article 3) required there to be powers to compel witness attendance, to hold hearings in public, and to ensure that MA and BB had properly funded legal representation.³

2. On 5 November 2019, the then Home Secretary Priti Patel MP announced the Terms of Reference for the Brook House Inquiry:⁴

“Purpose

To investigate into and report on the decisions, actions and circumstances surrounding the mistreatment of detainees broadcast in the BBC Panorama programme ‘Undercover: Britain’s Immigration Secrets’ on 4 September 2017.

To reach conclusions with regard to the treatment of detainees where there is credible evidence of mistreatment contrary to Article 3 ECHR, namely torture, inhuman or degrading treatment, or punishment; and then make any such recommendations as may seem appropriate. In particular the inquiry will investigate:

1. The treatment of complainants, including identifying whether there has been mistreatment and identifying responsibility for any mistreatment.
2. Whether methods, policies, practices and management arrangements (both of the Home Office and its contractors) caused or contributed to any identified mistreatment.
3. Whether any changes to these methods, policies, practices and management arrangements would help to prevent a recurrence of any identified mistreatment.
4. Whether any clinical care issues caused or contributed to any identified mistreatment.
5. Whether any changes to clinical care would help to prevent a recurrence of any identified mistreatment.
6. The adequacy of the complaints and monitoring mechanisms provided by Home Office Immigration Enforcement and external bodies (including, but not limited to, the centre’s independent monitoring board and statutory role of Her Majesty’s Inspectorate of Prisons) in respect of any identified mistreatment.

Scope

For the purpose of the Inquiry, the term ‘complainants’ is used to refer to any individual who was detained at Brook House Immigration Removal Centre during the period 1 April 2017 to 31 August 2017 where there is credible evidence of mistreatment of that individual.

‘Mistreatment’ is used to refer to treatment that is contrary to Article 3 ECHR …

The Inquiry should in particular include investigation in to [sic] the mistreatment of complainants known (in the recent Brook House litigation) as MA and BB.

The Inquiry may wish to draw upon the evidence and findings of the previous special investigation into the events at Brook House, conducted by the PPO, before it was converted to a statutory inquiry.

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Principles

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It is not part of the Inquiry’s function to determine civil or criminal liability of named individuals or organisations. This should not, however, inhibit the Inquiry from reaching findings of fact relevant to its terms of reference.”

1. INQ000052_001 para 3; ‘Undercover: Britain’s Immigration Secrets’, BBC Panorama, 4 September 2017[↩]
2. Immigration Statement, Priti Patel MP (Home Secretary), 5 November 2019[↩]
3. MA & BB v Secretary of State for the Home Department [2019] EWHC 1523 (Admin)[↩]
4. Immigration Statement, Priti Patel MP (Home Secretary), 5 November 2019[↩]