Adults at Risk in Immigration Detention: The New Policy and What It Means

The Home Office has announced a significant overhaul of its Adults at Risk (AAR) in Immigration Detention policy. The new framework, called Assessing Detention for Vulnerable People, moves to an evidence-of-needs model.

This is a major shift — and it matters for anyone who is, or who has a family member who is, in immigration detention.

What Is the Adults at Risk Policy?

The Adults at Risk policy was introduced following the Shaw Review in 2016. It was designed to ensure that people with particular vulnerabilities — such as those with serious mental or physical health conditions, survivors of torture, trafficking victims, or pregnant women — are not detained in immigration removal centres unless there are exceptional circumstances.

The policy sets out three levels of evidence, and the higher the level of evidence of vulnerability, the stronger the presumption against detention.

What Is Changing?

The existing model has been widely criticised by charities, medical professionals, and legal practitioners for failing to protect the most vulnerable people from harmful detention. Reports of safeguarding failures — including the High Court’s findings about Brook House immigration removal centre — have increased pressure for reform.

The new Assessing Detention for Vulnerable People framework is described as an evidence-of-needs model. In theory, it should focus on what a person actually needs — not just what category of vulnerability they fall into.

Key proposed changes include:

• A more holistic assessment of individual vulnerability.
• Stronger weight given to medical evidence from treating clinicians.
• Clearer processes for reviewing the detention of individuals whose needs change over time.
• Greater accountability for decision-making at the point of detention and during review.

What Has the High Court Said About Immigration Detention?

In a 2025 judgment concerning Brook House immigration removal centre, the High Court found that the Home Secretary failed to comply with an Article 3 systems duty in the operation of the Rule 35 system — the safeguarding mechanism designed to protect vulnerable people in detention.

This followed findings of serious failings, including failure to act on Rule 35 reports from medical staff and a breakdown in safeguarding procedures. The judge described the situation in strong terms.

What Are Your Rights If You or Someone You Know Is in Immigration Detention?

• You have the right to challenge the lawfulness of your detention at any time through a bail application to the Immigration Tribunal.
• If you have a health condition or vulnerability, your solicitor can request a Rule 35 report from the detention centre doctor.
• If your detention is causing a deterioration in your mental or physical health, this can form the basis of a bail application or a judicial review challenge.
• Legal aid is available for immigration detention cases in most circumstances.

Getting Help

Immigration detention is one of the most serious things that can happen to a person within the UK immigration system. If you or a family member has been detained, getting legal advice quickly is critical.