Home Office policy stipulates that segregation may be used in the interest of safety or security under Rule 40 of the Detention Centre Rules 2001, or to manage actively violent detainees under Rule 42 of the Detention Centre Rules 2001. When deciding if someone should be put in segregation their Adults at Risk Level – an assessment done by the Home Office as to whether a person is vulnerable to harm in detention – or concerns about mental capacity, should be “taken into account” in the decision.
Those at risk of suicide or self-harm must only be put in segregation in “exceptional circumstances”, “for the shortest time possible” and as a “last resort”. Additionally, Rule 40 and 42 should not be used “to manage detained individuals with serious psychiatric illness or presenting with mental health problems”.
Under Rule 40, a detained person can be held in segregation for an initial period of up to 24 hours, extendable to a maximum of 14 days. Under Rule 42, a detained person can be held in segregation for up to 24 hours, extendable to up to 3 days after written direction from an officer of the Secretary of State. Once the decision has been taken to put someone in segregation, an IRC doctor must be notified “without delay”.
