The Modification of the Law (British Steel Limited Property Transfer) Regulations 2026

This Order brings into force new statutory guidance on identifying and detaining vulnerable adults on 30 January 2025.

It specifies the updated guidance issued by the Secretary of State under the Immigration Act 2016, which mandates a framework for assessing when an individual's health or circumstances make them unsuitable for immigration detention.

The guidance applies to Home Office officials, caseworkers, and healthcare professionals responsible for the welfare and detention of persons subject to immigration control.

Arguments For

  • The order identifies the "Guidance on Adults at Risk in Immigration Detention" as the relevant guidance for determining when a person is particularly vulnerable to harm in detention, as required by the Immigration Act 2016.

  • The document specifies that the Secretary of State must follow this statutory guidance when making decisions to detain or continue detention for individuals who may be vulnerable.

  • The order establishes the precise version of the guidance and the date of its commencement to ensure legal clarity for Home Office officials and detainees.

Arguments Against

  • Legal scholars and advocates have previously raised concerns about the threshold used in such guidance to determine when a person's vulnerability should preclude detention.

  • Civil liberties organizations have questioned whether the application of guidance by the Home Office effectively prioritizes the safety of vulnerable individuals over administrative convenience.

  • The definition of what constitutes a 'vulnerable person' within the guidance can be subject to legal challenge if it is perceived to exclude specific categories of medical or psychological trauma.

  1. This Order may be cited as the Immigration (Guidance on Detention of Vulnerable Persons) Order 2024 and comes into force on 30th January 2025.
  1. The guidance entitled “Guidance on Adults at Risk in Immigration Detention”, which was laid before Parliament on 5th December 2024, comes into force on 30th January 2025.
  1. The guidance referred to in article 2 is the guidance for the time being in force for the purposes of section 59(1) of the Immigration Act 2016.

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