A High Court judge has delivered a damning verdict against the Home Office, ruling that its systems have unlawfully failed for years to protect vulnerable migrants held in immigration detention centres from inhuman and degrading treatment.
A Systemic Failure Exposed
Mrs Justice Jefford found that safeguards designed to uphold Article 3 of the European Convention on Human Rights have been persistently malfunctioning. The judgment, which could impact thousands of detainees, concluded there was a clear and persistent picture of systemic failure dating back to at least 2017.
The case was brought by two men, from Egypt and Bangladesh, who were detained between 28 July 2023 and 11 March 2024 at Brook House immigration removal centre near Gatwick Airport. This is the same facility where a 2017 BBC Panorama investigation exposed guard abuse, leading to a public inquiry that raised serious concerns about risks to vulnerable individuals.
The Crucial Rule 35 Safeguard
Central to the legal challenge was the operation of Rule 35, a critical safeguard. This rule requires detention centre doctors to issue reports to the Home Office when they identify vulnerabilities—such as serious mental health issues or suicide risk—that could make detention unsuitable. The Home Office must then urgently review the individual's detention.
Both men in this case exhibited worsening mental illness and serious self-harm, leading to periods on constant suicide watch under a separate process known as ACDT (Assessment, Care in Detention and Teamwork). Despite this extreme level of monitoring, neither man had his continued detention reviewed under Rule 35 procedures.
The judge highlighted a worrying "disconnect" between the high number of people on suicide watch and the very low number of Rule 35 reports issued for mental health or suicide risk. She found the Home Secretary provided no convincing evidence to justify why so few reports were made.
Charities Demand Immediate Action
Detention charities have seized on the ruling to demand that paper protections become reality. Lewis Kett of Duncan Lewis Solicitors, who represented the two men, stated the judgment confirmed their clients' treatment was unlawful and emblematic of years of sustained failure by the Home Secretary, putting countless detainees at real risk of harm.
Emma Ginn, director of Medical Justice, said her organisation consistently witnesses failures to complete Rule 35 reports for those who need them. She revealed recent cases, including a detained asylum seeker who had attempted suicide, who were not protected by the rule. "It is entirely possible that a failure to prepare one of these reports could be a factor in whether an individual attempts suicide or indeed dies by suicide," Ginn warned.
The Home Office was approached for comment following the ruling.
