Use of Segregation
Last updated
Was this helpful?
Last updated
Was this helpful?
There are parallel provisions in the Detention Centre Rules 2001 and the Short-term Holding Facility Rules 2018 which allow for individuals in detention to be separated from the rest of the detained population. This is known as segregation.
Segregation can arise:
Where “it appears necessary in the interests of safety and security” of the IRC/STHF, the detained person or the detained population (R35 STHF 2018 and Rule 40 DCR 2001).
Where a person is “refractory or violent” (R42 DCR 2001) or is “unmanageable or violent (Rule 37 STHF 2018) they can be placed in “special accommodation.”
(January 2025) states these Rules “must be used as a measure of last resort, when all other options have been exhausted, and/or when these other options have been assessed as likely to fail or to be insufficient as an effective response to the risk to safety or security presented by the detained individual.” They must be used for the “minimum time necessary in all the circumstances”, with “an individual assessment of the circumstances on a case-by-case basis, as and when an incident occurs.”
The Rules also state explicitly that these provisions must not be used as a punishment. Each facility must have a published procedure for the use of these powers. The use of segregation must be justified by a risk assessment which explains why the decision to segregate has been taken and how often the assessment will be reviewed.
Segregation can lead to draconian conditions. There are minimum requirements that the accommodation is “adequate for health” with provisions for “size, lighting, heating, ventilation and fittings adequate for the maintenance of health and safety” and the detained person must be able to communicate at any time with an officer. Every person should have “access to toilet articles necessary for health and cleanliness and access to washing facilities”. But access to washing facilities will be “in line with individual’s risk assessment.” The Rules also allow for removal of furniture and bedding and for their replacement with “anti-ligature bedding” (i.e. removal of parts which might be used for self-harm or suicide) and collapsible mattresses. Home Office staff can also remove possessions from the detained person under these Rules and the supporting guidance.
There are time limits to the use of segregation. People separated from the general population under Rule 40 must have this considered by the Home Office within 24 hours and there is a maximum time period of segregation of 14 days. People placed in segregation under Rule 42 can be placed there for 24 hours with the Home Office needing to approve further time in such conditions up to a maximum of 3 days. The IMB, manager of religious affairs and GP (or member of nursing staff if it is a STHF) must be informed of the decision “without delay” and in practice this should be within 30 minutes.
There is a regime of documenting segregation decisions and reviewing them, the level of seniority of role of those making these choices and information sharing about the individual within the Home Office. Detained people must be given a written explanation of the decision to place them in segregation conditions. There is also provision for healthcare staff to attend review meetings about the person, to visit them daily and to decide “whether a physical health examination is required or whether a mental health assessment should be initiated.” Under Rule 40, if advised by a medical practitioner that it is necessary, the centre manager should remove the restriction (this option is not allowed for in the legislation on Rule 42).
Segregation powers are often used on the most highly vulnerable individuals and so the guidance links to other policies about people placed on ACDT suicide and self-harm policies, people who may lack decision-making capacity and adults at risk. The guidance states these powers should not “be used as a routine means to manage detained individuals with serious psychiatric illness or presenting with mental health problems. These rules should be used in relation to detained individuals with mental health problems “only where justified on the basis of the risk presented…”
The guidance is also clear that individuals at risk of suicide or self-harm must not be placed in segregation conditions unless this is “deemed necessary, having considered the potential adverse effect on the individual” and it is “for the shortest time necessary; and as a last resort where all other options for managing the behaviour have been considered and exhausted or considered to be inappropriate.”
