(Secretary of State for the
Home Department): I am announcing today the
conversion of the Prisons and Probation Ombudsman (PPO)
investigation of Brook House immigration removal centre to a
statutory inquiry, in accordance with the Inquiries Act 2005.
This Inquiry will investigate the mistreatment of detainees at
Brook House immigration removal centre broadcast in the BBC
Panorama programme ‘Undercover: Britain’s Immigration Secrets’ on
4 September 2017.
The Government takes any allegation of mistreatment, and the
welfare of immigration detainees, very seriously, and I want to
establish the facts of what took place at Brook House and ensure
that lessons are learnt to prevent these shocking events
happening again.
Sue McAllister, the Prisons and Probation Ombudsman, had
appointed Kate Eves to lead their special investigation into
Brook House. Following conversion of the special investigation
into an inquiry, Sue McAllister, as Ombudsman, was automatically
appointed as the chair. However, to ensure continuity with their
investigation I have agreed that Sue McAllister will recuse
herself and Kate Eves will take up the position of inquiry chair.
Kate Eves is an experienced and highly qualified investigator
within custodial environments.
I have consulted with both Sue McAllister and with Kate Eves to
confirm that the inquiry will have a similar scope to the PPO
special investigation.
From today, the Inquiry will have statutory powers to compel
witnesses and establish the truth of what took place at Brook
House.
I wish Kate Eves and all at the Inquiry every success in taking
forward this important piece of work.
The Inquiry’s Terms of Reference are set out below:
Purpose
To investigate into and report on the decisions, actions and
circumstances surrounding the mistreatment of detainees broadcast
in the BBC Panorama programme ‘Undercover: Britain’s Immigration
Secrets’ on 4 September 2017.
To reach conclusions with regard to the treatment of detainees
where there is credible evidence of mistreatment contrary to
Article 3 ECHR; and then make any such recommendations as may
seem appropriate. In particular the inquiry will investigate:
1) The treatment of complainants, including identifying whether
there has been mistreatment and identifying responsibility for
any mistreatment.
2) Whether methods, policies, practices and management
arrangements (both of the Home Office and its contractors) caused
or contributed to any identified mistreatment.
3) Whether any changes to these methods, policies, practices and
management arrangements would help to prevent a recurrence of any
identified mistreatment.
4) Whether any clinical care issues caused or contributed to any
identified mistreatment.
5) Whether any changes to clinical care would help to prevent a
recurrence of any identified mistreatment.
6) The adequacy of the complaints and monitoring mechanisms
provided by Home Office Immigration Enforcement and external
bodies (including, but not limited to, the centre’s independent
monitoring board and statutory role of Her Majesty’s Inspectorate
of Prisons) in respect of any identified mistreatment.
Scope
For the purpose of the inquiry, the term “complainants” is used
to refer to any individual who was detained at Brook House
Immigration Removal Centre during the period 1 April 2017 to 31
August 2017 where there is credible evidence of mistreatment of
that individual.
“Mistreatment” is used to refer to treatment that is contrary to
Article 3 ECHR.
The Inquiry should in particular include investigation in to the
mistreatment of complainants known (in the recent Brook House
litigation) as MA and BB.
The Inquiry may wish to draw upon the evidence and findings of
the previous special investigation in to the events at Brook
House, conducted by the PPO, before it was converted to a
statutory inquiry.
Method
As a statutory inquiry, the Inquiry will operate within the legal
framework provided by the Inquiries Act 2005. As such, the
procedure and conduct of the Inquiry are to be directed by the
chairman.
Report
The Inquiry should be undertaken with sufficient pace to enable
resulting recommendations to be implemented as quickly and
effectively as possible. It is expected, on the basis of current
information, that the Inquiry will make its best endeavours to
complete work and produce a final report to the Home Secretary,
setting out their findings of fact and recommendations, within 12
months.
Principles
The Inquiry will have full access to all the material it seeks.
The Inquiry will bear the legal expenses for any individuals
designated as core participant status by the Inquiry chairperson.
It is not part of the Inquiry’s function to determine civil or
criminal liability of named individuals or organisations. This
should not, however, inhibit the Inquiry from reaching findings
of fact relevant to its terms of reference.
