Challenges and concerns
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The psychological and physical impact of segregation is widely recognised. Its use in detention has been subject to criticism from monitoring bodies, NGOs and international human rights directives.
Despite the fact that Home Office guidance states segregation should be used in the most minimal way not be used punitively, there has been continued evidence that this approach has not been adopted. The Brook House Public Inquiry made detailed findings about the inappropriate use of segregation including its use on people who were severely mentally ill and being used as a punishment (for issues as minor as stealing coffee). The evidence heard by the Inquiry in 2022 led the Chair to conclude in her report the problematic practice of segregation used “for the convenience of staff under Serco’s management of Brook House.” More recent evidence from HMIP’s inspection of Harmondsworth IRC conducted 12 – 29 February 2024 found that segregation conditions were unlawfully used as a punitive measure for detained people who did not want to share a cell. Concerns were also raised about the deteriorating condition of the unit set up to manage people separated from other people in detention and failure in documenting the treatment of people held there.
Anecdotally, AVID has heard reports from visitor groups about the overuse of segregation, including:
Segregation cells or units being used inappropriately to manage people detained who are mentally unwell, especially if their behaviour is viewed as challenging and sometimes for very long periods. Often it is neglect of their mental illness on entering detention which has led to a deterioration in their mental health.
People who have been subject to torture (which may have included the use of solitary confinement), or who are at risk of self-harm, may be managed by the use of segregation, despite the risk that exposure to segregation or removal from social contact with others may worsen.
Segregation is not always correctly authorised and may be used for periods of weeks or even years in individual cases, certainly far in excess of the permitted 3 days.
Segregation being used as a punishment or when someone refuses to share a room, despite this being expressly excluded in the legislation. There is no adjudication system in detention centres which would enable detainees to challenge the use of segregation.
People held under Rule 40 or Rule 42 are not easily able to access legal advice via legal advice surgeries.
These safeguarding failings need to be understood in the context of the significant impact of segregation on detained people:
“… it is well established that by depriving people of meaningful social interaction and any sense of control, confinement causes damage to individuals’ mental health, which can last beyond release. It can cause deterioration in those with pre-existing mental health conditions and precipitate the onset of new conditions.” (Medical Justice and Bail for Immigration Detainees 2021).
