Rule 40 of the Detention Centres allows a detention centre manager to segregate a detainee where it is deemed necessary in the interests of security or safety for a detained person not to associate with others. The Segregation in Immigration Detention Rules provide conditions exercising that power. Segregation for more than 24 hours has to be authorised by the Secretary of State; the detainee must be given written reasons for their segregating within two hours, and the segregation cannot last for more than fourteen days.
The High Court recently ruled that Article 8 of the European Convention on Human Rights is engaged by the segregation process. Any breach of Rule 40 is, therefore, a violation of Article 8 and can potentially result in the right to damages.
Home Office guidance
The Home Office has issued a Detention Services Order that clarifies a number of issues on segregation. First, it confirms that segregation should only be used as a last resort and be based on evidence. Second, it states that segregation should not be used as a normal means of managing certain detainees: for example, those with mental health problems. Vulnerable people should only be segregated:
- For the shortest time possible;
- in exceptional circumstances; and
- as a last resort when all other options have been considered and exhausted, or are considered inappropriate
Third, it requires representations by a detainee or their legal representatives to be taken into account.
Scarsdale Solicitors – Manchester, Oldham and Rochdale
For Segregation in Immigration Detention advice on this or any other issues about immigration from local experts, call Scarsdale Solicitors Manchester, Scarsdale Solicitors Oldham & Scarsdale Solicitors Rochdale. We are proud to serve clients in the Manchester, Rochdale and Oldham areas. We combine our expertise in legal matters with a level of customer service that is to the highest standard. If you need help from Manchester Immigration solicitors, Rochdale immigration solicitors or Oldham immigration solicitors, call us today on 0161 660 6050.
