Rule 35 of the Detention Centre Rules 2001 is a mechanism which aims to ensure that particularly vulnerable detainees are brought to the attention of those with direct responsibility for reviewing their detention.
Without an effective Rule 35 process, the Home Office may not be aware of a detained person’s vulnerabilities (either because safeguards earlier in the process have failed or the person’s health has deteriorated whilst in detention) and continue detention even though to do so breaches its own policy.
Rule 35 requires a report to be written by the GP working inside Immigration Removal Centres in three circumstances:
(1) if a detained person’s health is likely to be injuriously affected by continued detention or any conditions of detention
(2) if a detained person is suspected of having suicidal intentions
(3) if there are concerns that the detained person may have been the victim of torture
Through its casework and research, Medical Justice continues to find that Rule 35 reporting obligations are not being met by GPs working inside Immigration Removal Centres, particularly in relation to Rule 35(1) and (2) reports which are rarely completed.
