Appendix 2: Key legislation, rules and guidance

1. This Appendix sets out the key legislation, rules and guidance relevant to the management of immigration removal centres (IRCs) that have been considered by the Inquiry:

• the Immigration and Asylum Act 1999;
• the Detention Centre Rules 2001; and
• detention services orders.

Immigration and Asylum Act 1999

2. As noted in Part B in Volume I, section 149 of the Immigration and Asylum Act 1999 (the 1999 Act) contains a power for the Secretary of State to contract out management of removal centres. Where that has been done, it also specifies that the contracted-out removal centre must be operated in accordance with the rules made under section 153.¹
3. Section 153 of the 1999 Act provides that the Secretary of State must make rules for the regulation and management of removal centres and that these rules may, among other things, make provision with respect to the safety, care, activities, discipline and control of detained people.²

The Detention Centre Rules 2001

4. The Detention Centre Rules 2001 are the secondary (ie delegated) legislation made under the 1999 Act. They govern the operation and management of IRCs.³ A number of the Rules concerning different aspects of the operation of IRCs are highly relevant for the Inquiry’s purposes and are set out below. They cover a range of issues, including the purpose of detention centres, the welfare, privileges and religious needs of detained people, removal from association, use of force, temporary confinement, special control or restraint, general duties of officers, and Independent Monitoring Boards.

Purpose of detention centres

5. Rule 3 of the Detention Centre Rules 2001 states:

“(1) The purpose of detention centres shall be to provide for the secure but humane accommodation of detained persons in a relaxed regime with as much freedom of movement and association as possible, consistent with maintaining a safe and secure environment, and to encourage and assist detained persons to make the most productive use of their time, whilst respecting in particular their dignity and the right to individual expression.

(2) Due recognition will be given at detention centres to the need for awareness of the particular anxieties to which detained persons may be subject and the sensitivity that this will require, especially when handling issues of cultural diversity.”

Welfare, privileges and religious needs

6. Reflecting that purpose, the Detention Centre Rules 2001 include the following requirements in respect of the welfare, privileges and religious needs of detained people.

Clothing

• “Where required all detained persons shall be provided with clothing adequate for warmth and health.” (Rule 12(2))
• “Facilities for the laundering of items of clothing shall be provided.” (Rule 12(4))

Food

• “No detained person shall be given less food than is ordinarily provided, except with his written consent and upon the written recommendation of the medical practitioner.” (Rule 13(2))
• “The food provided shall: (a) be wholesome, nutritious, well prepared and served, reasonably varied, sufficient in quantity and (b) meet all religious, dietary, cultural and medical needs.” (Rule 13(3))

Accommodation

• “No room shall be used as sleeping accommodation for a detained person unless the Secretary of State has certified that:– (a) its size, lighting, heating, ventilation and fittings are adequate for health; (b) it has adequate storage facilities (consistent with interests of safety and security); and (c) it allows the detained person to communicate at any time with an officer.” (Rule 15(2))
• “No room shall be used for the purposes of:— (a) removal from association under rule 40; (b) temporary confinement under rule 42; or (c) application of special control or restraint under rule 43 unless the Secretary of State has certified that its lighting, heating, ventilation and fittings are adequate for health and that it allows the detained person to communicate at any time with an officer.” (Rule 15(3))

Hygiene

• “Every detained person shall be provided with toilet articles necessary for his health and cleanliness, which shall be replaced as necessary.” (Rule 16(2))
• “Facilities shall be provided for every detained person to have a daily bath or shower.” (Rule 16(3))

Activity

• “All detained persons shall be provided with an opportunity to participate in activities to meet, as far as possible, their recreational and intellectual needs and the relief of boredom.” (Rule 17(1))
• “Wherever reasonably possible the development of skills and of services to the centre and to the community should be encouraged.” (Rule 17(2))
• “Detained persons shall be entitled to undertake paid activities to the extent that the opportunity to do so is provided by the manager.” (Rule 17(3))
• “Every detained person able to take part in educational activities provided at a detention centre shall be encouraged to do so.” (Rule 17(5))
• “Programmes of educational classes shall be provided at every detention centre.” (Rule 17(6))
• “Arrangements shall be made for each detained person to have the opportunity of taking part in physical education or recreation, which shall consist of both sports and health-related activities.” (Rule 17(7))
• “A library shall be provided in every detention centre, which will meet a range of cultural, ethnic and linguistic needs and, subject to any direction of the Secretary of State in any particular case, every detained person shall be allowed access to it at reasonable times.” (Rule 17(8))

Time in the open air

• “a detained person shall be given the opportunity to spend at least one hour in the open air every day … Time in the open air may be refused in exceptional circumstances where necessary in the interests of safety or security.” (Rule 18(1)–(2))

Privileges

• “At every detention centre all detained persons shall have access to a system of privileges approved by the Secretary of State, which shall include arrangements under which they may spend their money within the detention centre.” (Rule 19(1))

Religion

• “The practice of religion in detention centres shall take account of the diverse cultural and religious background of detained persons.” (Rule 20)
• “The manager shall make arrangements for a minister of religion to visit detained persons of his religion as often as he reasonably can and to the extent that the detained person so wishes.” (Rule 23(1))
• “The manager shall make arrangements for ministers of religion to conduct religious services for detained persons of their religions at such times as may be arranged.” (Rule 24)

Healthcare

7. Rule 34 provides:

• “Every detained person shall be given a physical and mental examination by the medical practitioner (or another registered medical practitioner in accordance with rules 33(7) or (10)) within 24 hours of his admission to the detention centre.” (Rule 34(1))

8. Rule 35 provides:

• “The medical practitioner shall report to the manager on the case of any detained person whose health is likely to be injuriously affected by continued detention or any conditions of detention.” (Rule 35(1))
• “The medical practitioner shall report to the manager on the case of any detained person he suspects of having suicidal intentions, and the detained person shall be placed under special observation for so long as those suspicions remain, and a record of his treatment and condition shall be kept throughout that time in a manner to be determined by the Secretary of State.” (Rule 35(2))
• “The medical practitioner shall report to the manager on the case of any detained person who he is concerned may have been the victim of torture.” (Rule 35(3))

Removal from association

9. Rule 40 states:

• “Where it appears necessary in the interests of security or safety that a detained person should not associate with other detained persons, either generally or for particular purposes, the Secretary of State (in the case of a contracted-out detention centre) or the manager (in the case of a directly managed detention centre) may arrange for the detained person’s removal from association accordingly.” (Rule 40(1))
• “In cases of urgency, the manager of a contracted-out detention centre may assume the responsibility of the Secretary of State under paragraph (1) but shall notify the Secretary of State as soon as possible after making the necessary arrangements.” (Rule 40(2))

Use of force

10. Rule 41 provides:

• “A detainee custody officer dealing with a detained person shall not use force unnecessarily and, when the application of force to a detained person is necessary, no more force than is necessary shall be used.” (Rule 41(1))
• “No officer shall act deliberately in a manner calculated to provoke a detained person.” (Rule 41(2))
• “Particulars of every case of use of force shall be recorded by the manager in a manner to be directed by the Secretary of State, and shall be reported to the Secretary of State.” (Rule 41(3))

Temporary confinement

11. Rule 42 states:

• “The Secretary of State (in the case of a contracted-out detention centre) or the manager (in the case of a directly managed detention centre) may order a refractory or violent detained person to be confined temporarily in special accommodation, but a detained person shall not be so confined as a punishment, or after he has ceased to be refractory or violent.” (Rule 42(1))
• “In cases of urgency, the manager of a contracted-out detention centre may assume the responsibility of the Secretary of State under paragraph (1) above but shall notify the Secretary of State as soon as possible after giving the relevant order.” (Rule 42(2))

Special control or restraint

12. Rule 43 states:

• “The Secretary of State (in the case of a contracted-out detention centre) or the manager (in the case of a directly managed detention centre) may order a detained person to be put under special control or restraint where this is necessary to prevent the detained person from injuring himself or others, damaging property or creating a disturbance.” (Rule 43(1))
• “Except as provided by this rule no detained person shall be put under special control or restraint otherwise than for safe custody, to give effect to directions lawfully given for his removal from the United Kingdom, or on medical grounds by direction of the medical practitioner.” (Rule 43(10))

General duties of officers

13: In respect of the duties of officers, Rule 45 provides:

• “It shall be the duty of every officer to conform to these Rules and the rules and regulations of the detention centre, to assist and support the manager in their maintenance and to obey his lawful instructions.” (Rule 45(1))
• “An officer shall inform the manager and the Secretary of State promptly of any abuse or impropriety which comes to his knowledge.” (Rule 45(2))
• “Detainee custody officers exercising custodial functions shall pay special attention to their duty under paragraph 2(3)(d) of Schedule 11 to the Immigration and Asylum Act 1999 to attend to the well-being of detained persons.” (Rule 45(3))
• “Detainee custody officers shall notify the health care team of any concern they have about the physical or mental health of a detainee.” (Rule 45(4))“In managing detained persons, all officers shall seek by their own example and leadership to enlist their willing co-operation.” (Rule 45(5))
• “At all times the treatment of detained persons shall be such as to encourage their self-respect, a sense of personal responsibility and tolerance towards others.” (Rule 45(6))

Independent Monitoring Boards

14. Rule 61 sets out the general duties of visiting committees, known as Independent Monitoring Boards. It states:

• “The visiting committee of a detention centre shall satisfy themselves as to the state of the detention centre premises, the administration of the detention centre and the treatment of the detained persons.” (Rule 61(1))
• “The committee shall direct the attention of the manager to any matter which calls for his attention, and shall report to the Secretary of State any matter which they consider expedient to report.” (Rule 61(3))
• “The committee shall inform the Secretary of State immediately of any abuse which comes to their knowledge.” (Rule 61(4))

15. Rule 62 states:

• “A member of the visiting committee shall visit any detailed person who is subject for the time being to:— (a) removal from association under rule 40; (b) temporary confinement under rule 42; or (c) special control or restraint under rule 43 within 24 hours of being made so subject.” (Rule 62(1))

Detention services orders

1. Detention services orders (DSOs) are instructions outlining procedures to be followed by Home Office and contractors’ staff in the management of detention centres.⁴ They cover a range of issues including accommodation standards, internet access, management of adults at risk, mental vulnerability, paid activities, induction and welfare services. IRCs also apply some prison service orders, which provide policy and guidance for prison and probation professionals in England and Wales.
2. The key detention services orders considered by the Inquiry include:

• Detention Services Order 12/2012: Room Sharing Risk Assessment (referred to as the Room Sharing DSO) requires staff to carry out a ‘room sharing risk assessment’ for each detained person to identify those who pose a risk to others and record any additional precautionary measures where cell sharing is unavoidable;⁵
• Detention Services Order 03/2015: Handling of Complaints (referred to as the Complaints DSO), which deals with the handling of complaints, defined as “any expression of dissatisfaction about the service we provide, or about the professional conduct of our staff and contractors”;⁶
• Detention Services Order 04/2016: Detainee Access to the Internet (referred to as the Internet DSO) states that detained people should have “reasonable and regulated access to the internet whilst ensuring that the security of the detention estate is not undermined”;⁷
• Detention Services Order 01/2016: The Protection, Use and Sharing of Medical Information Relating to People Detained Under Immigration Powers sets out information about the protection, use and sharing of confidential clinical information; ⁸
• Detention Services Order 08/2016: Management of Adults at Risk in Immigration Detention (referred to as the Adults at Risk DSO) includes mandatory guidance for Home Office staff and suppliers operating in IRCs on the care and management of detained people deemed to be adults at risk while in detention;⁹
• Detention Services Order 02/2017: Removal from Association (Detention Centre Rule 40) and Temporary Confinement (Detention Centre Rule 42) (referred to as the Restrictions DSO) sets out further detail about the operation of both Rules;¹⁰
• Detention Services Order 03/2017: Care and Management of Detained Individuals Refusing Food and/or Fluid (referred to as the Refusal of Food and Fluid DSO) deals with an adult refusing food and/or fluid, including the requirement to be offered a routine medical appointment;¹¹
• Detention Services Order 04/2018: Management and Security of Night State (referred to as the Night State DSO) concerns the management and security of operating an IRC at night, which is known as the ‘night state’;¹²
• Detention Services Order 03/2020: Whistleblowing – The Public Interest Disclosure Act 1998 (referred to as the Whistleblowing DSO), which emphasises the requirement for staff in IRCs to report wrongdoing and seeks to establish “consistent overarching principles for reporting a concern about wrongdoing”;¹³
• Detention Services Order 04/2020: Mental Vulnerability and Immigration Detention: Non-Clinical Guidance, which it is stated should be considered alongside the Adults at Risk DSO, provides the guidance necessary to ensure that appropriate support is offered to those who lack decision-making capacity, those with disability arising from mental impairment, and those who have a mental health condition;¹⁴
• Detention Services Order 01/2022: Assessment Care in Detention and Teamwork (ACDT) (referred to as the ACDT DSO) provides mandatory operational guidance for all Home Office, centre supplier and healthcare staff working in IRCs, implementing “a holistic approach to self harm and suicide prevention within the broader context of decency and safety”;¹⁵
• Detention Services Order 02/2022: Interpretation Services and Use of Translation Devices (referred to as the Interpretation and Translation DSO) sets out the provisions – including interpretation services and translation devices – available for individuals held in immigration detention and the circumstances in which these should be used.¹⁶
• The Inquiry also considered Prison Service Order 1600: Use of Force (referred to as the Use of Force PSO), which details the circumstances in which force can be used and the framework for justifying the use of force. It covers control and restraint techniques, de-escalation skills, personal safety techniques and the use of batons.¹⁷

1. Immigration and Asylum Act 1999, section 149[↩]
2. Immigration and Asylum Act 1999, section 153[↩]
3. Detention Centre Rules 2001[↩]
4. Detention services orders, Home Office[↩]
5. Detention Services Order 12/2012: Room Sharing Risk Assessment (CJS000710), Home Office, August 2012 (updated September 2016) [↩]
6. Detention Services Order 03/2015: Handling of Complaints (CJS000727), Home Office, February 2017 (updated April 2023) [↩]
7. Detention Services Order 04/2016: Detainee Access to the Internet (HOM002593), Home Office, May 2016 (updated January 2020), para 3[↩]
8. Detention Services Order 01/2016: The Protection, Use and Sharing of Medical Information Relating to People Detained Under Immigration Powers, Home Office, April 2016 (reissued May 2016) [↩]
9. Detention Services Order 08/2016: Management of Adults at Risk in Immigration Detention (CJS000731), Home Office, February 2017 (updated August 2022) [↩]
10. 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) [↩]
11. Detention Services Order 03/2017: Care and Management of Detained Individuals Refusing Food and/or Fluid (CJS000724), Home Office, October 2017 (updated most recently in September 2022) [↩]
12. Detention Services Order 04/2018: Management and Security of Night State, Home Office, December 2018[↩]
13. Detention Services Order 03/2020: Whistleblowing – The Public Interest Disclosure Act 1998, Home Office, July 2020[↩]
14. Detention Services Order 04/2020: Mental Vulnerability and Immigration Detention: Non-Clinical Guidance, Home Office, July 2020[↩]
15. Detention Services Order 01/2022: Assessment Care in Detention and Teamwork (ACDT) (INQ000214), Home Office, October 2022[↩]
16. Detention Services Order 02/2022: Interpretation Services and Use of Translation Devices, Home Office, June 2022[↩]
17. Prison Service Order 1600: Use of Force (INQ000185), HM Prison Service, August 2005; see also Amendments to Use of Force Policy (PSI 30/2015), National Offender Management Service Agency Board, November 2015[↩]