The Home Office has been found to have unlawfully failed to protect vulnerable migrants in detention, a High Court judge has ruled. Mrs Justice Jefford determined that systems designed to safeguard against inhuman and degrading treatment under Article 3 of the European Convention on Human Rights had been failing for years.
The case was brought by two detainees from Egypt and Bangladesh, held at Brook House immigration detention centre near Gatwick between July 2023 and March 2024. The centre was previously the subject of a public inquiry after undercover filming by BBC Panorama in 2017 revealed abuses of vulnerable detainees.
The judgment focused on Rule 35, which requires medical practitioners to report concerns about vulnerabilities—such as suicide risk or mental health issues—to the Home Office for urgent review. Despite both men displaying worsening mental illness and periods on constant suicide watch, their suitability for continued detention was not assessed.
The judge found “a clear and persistent picture of a failure of the system” since at least 2017, noting a “disconnect” between those under suicide watch and the low number of Rule 35 reports. She said the Home Secretary provided no convincing justification for this shortfall.
Lewis Kett of Duncan Lewis solicitors, representing the claimants, said the judgment showed their experiences were “emblematic of a sustained failure” that put countless detainees with serious mental illness at risk. Detention charities, including Medical Justice, called for implementation of existing rules, warning that failure to complete reports could contribute to suicide attempts.
A Home Office spokesperson said the department is committed to ensuring detention is carried out with dignity and respect, noting progress on safeguards and that 25 of 30 recommendations from the Brook House inquiry have been met.
