The Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Revocation) Order 2026
This Order brings into force a revised version of the Home Office guidance regarding adults at risk in immigration detention.
It directs immigration officers and Home Office staff to follow the updated criteria and procedures for identifying vulnerable individuals and determining whether their detention is appropriate.
The guidance applies to all officials involved in the decision-making process for the detention of persons under UK immigration powers.
Arguments For
The order states that the revised guidance is issued in accordance with section 59(1) of the Immigration Act 2016, which requires the Secretary of State to provide guidance on determining the suitability of individuals for detention.
The document specifies that the new guidance, titled "Guidance on adults at risk in immigration detention", replaces the previous version issued in May 2021.
Proponents within the Home Office maintain that periodic updates to guidance ensure that operational policies reflect current legal requirements and administrative standards regarding the identification of vulnerable adults.
Arguments Against
Legal scholars and human rights organizations have previously questioned whether ministerial guidance provides sufficient safeguards compared to primary legislation or formal regulations.
Advocacy groups have raised concerns in the past that changes to "adults at risk" criteria may narrow the definitions of vulnerability, potentially increasing the risk of detaining individuals with serious mental or physical health conditions.
Civil liberties organizations often monitor such updates for ambiguities that might grant immigration officers excessive discretion in bypasssing medical evidence provided by detainees.
1. Citation and commencement
(1) This Order may be cited as the Immigration (Guidance on Detention of Vulnerable Persons) Order 2024.
(2) This Order comes into force on 21st August 2024.
This section establishes the official name of the legal instrument and sets the date it becomes law.
The requirements of the order apply starting from 21 August 2024.
2. Guidance on detention of vulnerable persons
The guidance entitled “Guidance on adults at risk in immigration detention” (version 2) which was laid before Parliament on 17th July 2024 comes into force on 21st August 2024.
This provision gives legal effect to the specific document titled "Guidance on adults at risk in immigration detention" (version 2).
It mandates that this revised version, which the Secretary of State presented to Parliament in July 2024, becomes the active standard for immigration officials on the designated date.
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