All Articles: Rule 35

A damning report on healthcare and safeguarding in detention has concluded that the existing protocols for vulnerable detainees are “totally and utterly flawed”.  The Medical Justice report Harmed not Heard focuses on the inadequacy of the Rule 35 safeguarding process, designed to identify vulnerable detainees for release. The research comes...

4th May 2022
BY Larry Lock

The judgment of the Court of Appeal in MR (Pakistan) v Secretary of State for Justice & Others [2021] EWCA Civ 541 marks a major step forward in the battle over the use of immigration detention in prisons. The court has decided that the absence of a Rule 35 procedure...

19th April 2021
BY Alex Schymyck

Data about the operation of Rule 35 of the Detention Centre Rules brought into the public domain by a Freedom of Information request lays bare the inadequacies of the current system for reporting vulnerabilities among immigration detainees. The data, obtained by Lewis Kett of Duncan Lewis Solicitors, demonstrates that Rule...

21st July 2020
BY Alex Schymyck

The High Court has refused to extend key safeguards under the Adults at Risk policy to immigration detainees held in prisons. In MR (Pakistan) & Anor v Secretary of State for Justice & Ors [2019] EWHC 3567 (Admin), Mr Justice Supperstone decided that healthcare protections for vulnerable detainees on the...

8th January 2020
BY Larry Lock

The High Court has decided that rule 35(2) of the Detention Centre Rules is not unlawful, despite acknowledging the overwhelming evidence that it has failed to protect the welfare of detainees who are at risk of suicide. In R (IS (Bangladesh)) v Secretary of State for the Home Department [2019]...

18th October 2019
BY Alex Schymyck

The government has tabled a number of adjustments to the rules on detention, to come into force this summer. The most significant is the changed definition of “torture” in the context of the detention of vulnerable people. Page contentsGovernment forced to change tack on tortureThe new definition of “torture”Detention of...

8th May 2018
BY Thomas Beamont

Short and sweet is the best way to describe the High Court’s decision in BS v Secretary of State for the Home Department [2018] EWHC 454 (Admin). It comes as a useful reminder that whether detention is “reasonable” depends on all the circumstances of the case. In particular, the risk of a...

19th March 2018
BY Bilaal Shabbir

The independent prison inspector has raised the alarm over the continued detention of migrants who the Home Office accepts have been tortured. A scathing inspection report also found “considerable failings” in safety and respect for detainees at the “prison-like” Harmondsworth Immigration Removal Centre near Heathrow. HM Chief Inspector of Prisons,...

13th March 2018
BY CJ McKinney

The legal representatives of immigration detainees who claimed to have been tortured or who may otherwise be unsuitable for detention were not given copies of their medical records, internal Home Office analysis shows. This was contrary to the department’s policy. An audit covering early 2014, but published yesterday, looked at...

16th November 2017
BY CJ McKinney
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