The Tribunal Procedure (First-tier Tribunal) (Property Chamber) (Amendment No. 2) Rules 2026

The Secretary of State asserts that the amendment brings the definition of 'torture' into alignment with the definition used in the 'Adults at Risk in Immigration Detention' policy, as established in the case of R (on the application of Medical Confidentiality and others) v Secretary of State for the Home Department [2018].

The document states that the revised guidance aims to provide clarity for Home Office caseworkers when determining whether an individual's history of trauma makes them particularly vulnerable to harm in a detention setting.

Proponents within the Home Office indicate that the updated guidance ensures that the statutory definition of torture used for detention decisions is consistent with wider human rights obligations and judicial rulings.

Human rights organizations have argued that narrower definitions of torture in detention guidance could lead to the failure to identify and protect individuals who have suffered serious ill-treatment that does not meet a strict clinical or legal threshold.

Legal practitioners have noted that revisions to 'Adults at Risk' guidance can increase the evidentiary burden on detainees to prove their vulnerability before they are considered for release.

Professional medical bodies have previously raised concerns that changes to definitions of vulnerability may result in the prolonged detention of individuals with complex Post-Traumatic Stress Disorder (PTSD) or other mental health conditions resulting from violence.