Rule 42 of the Detention Centre Rules allows for segregation in specific rooms, units, or cells in IRCs as follows (this is equivalent to Rule 35 in the Short-Term Holding Facility Rules):
Temporary confinement
42.—(1) 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...
People who are held in segregation should not be held for more than 24 hours without authorisation from the Secretary of State and must be given the reasons for their segregation in writing. Segregation should not continue beyond 3 days. The person held under Rule 42 should be visited by the centre manager, a medical practitioner and a Home Office representative at least once each day for as long as they remain in segregation. Written authorisation of their segregation must be copied to the local Independent Monitoring Board, the medical practitioner, and the manager of religious affairs at the centre.
Under Rule 40 of the Detention Centre Rules a person in detention can be held behind the door in their room or cell and not allowed to mix with other people in detention:
Removal from association 40.
—(1) 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.
Those on Rule 40 can be confined to their room or cell for up to 14 days, although this must be authorised by the Home Office after 24 hours. 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).
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.
Bail for Immigration Detainees (BID) and Medical Justice released a report in 2021 detailing the impact of solitary confinement and segregation on people detained in prisons during the Covid-19 pandemic. In the report, confinement was described as “psychological torture”, feeling “trapped”, “hopeless” and “suffocated”. Symptoms were incredibly severe, including involuntary shaking, memory loss, physical pain and insomnia [1]. This reflected similar findings from a prior Medical Justice on report (2015) on “the overuse and misuse of segregation...in IRCs across the UK” against people detained [2].
The Brook House Inquiry heard evidence on the misuse of rules 40 and rules 42 in Brook House IRC including its use on people who were severely mentally ill and being used as a punishment (even for minor issues such as stealing coffee) [3]. The Brook House Inquiry made a number of recommendations including for the Home Office to provide training to staff on rule 40 and rule 42 and regularly audit how it is being used. At present, the Home Office does not centrally collate data on the use of segregation across the detention estate, even on the number of times the Secretary of State is required to authorise the use of segregation.
AVID members are witness to concerning trends on the use 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.