National Preventive Mechanism Sixth Annual Report 2014–15 Where isolation and solitary confinement occur Under the Detention Centre Rules, detainees can be isolated as a result of removal from association (Rule 40) or temporary confinement (Rule 42).86 Removal from association should be justified by the interests of security or safety. According to the Detention Centre Rules, for the first 24 hours it may be authorised by a detention centre manager, acting under the responsibility of the Secretary of State, who should be notified. Detainees should not be removed for a period of longer than 24 hours without the authority of the Secretary of State, though in practice this is delegated to a senior manager of Home Office immigration enforcement. Temporary confinement in special accommodation can be used to contain or control refractory or violent behaviour, but for no longer than such behaviour lasts. It should not last for more than 24 hours without higher approval, and should not exceed three days. Two of the IRCs visited had ‘separation units’ where detainees were held under Rule 40 or Rule 42, one of which had eight cells. In the third IRC, a room off the main corridor was used. No evidence was found of informal isolation or solitary confinement in the main areas of these establishments. Children were not isolated in any instances in the one IRC that held them (as part of a family unit). 86 Detention Centre Rules 2001, Rules 40 and 42 respectively. 40 Specific issues identified through monitoring Length and type of isolation Isolation arising from Rule 40 is much more common than Rule 42. One IRC visited had high use of isolation, but for comparatively short periods. In one IRC, with capacity for 575 detainees, inspectors calculated that around 131 detainees had been separated in the six months prior to the inspection. Of these, 128 had been separated under Rule 40 and three under Rule 42. In many instances they had been kept in cells for over 22 hours a day, although they could use mobile phones while there. It was rare for anyone to remain in the separation unit for longer than six days. In another IRC, although the total number of detainees isolated was lower than the average, the time spent in isolation was higher, often due to delays by the escorting contractor because their vans did not always arrive at the centre when expected. In some instances, the isolation constituted solitary confinement. Justification for isolation In most cases, inspectors considered that Rule 40 and Rule 42 separation was used appropriately. However, in one of the IRCs, inspectors found evidence that detainees with mental health needs had been separated because of a lack of more suitable accommodation for them.