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The Short-term Holding Facility Rules 2018

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Facilities

Accommodation

13.—(1) The Secretary of State must be satisfied that sufficient accommodation is provided for the detained persons in every short-term holding facility.

(2) No room is to be used as sleeping accommodation for a detained person unless the Secretary of State has certified that—

(a)its size, lighting, heating, ventilation and fittings are adequate for health;

(b)it has adequate storage facilities (subject to the interests of the security of the short-term holding facility and the safety of detained persons and of other persons), and

(c)it allows the detained person to communicate with an officer at any time.

(3) No room is to be used for the purposes of—

(a)removal from association under rule 35, or

(b)temporary confinement under rule 37,

unless the Secretary of State has certified that its size, lighting, heating, ventilation and fittings are adequate for health and safety and it allows the detained person to communicate with an officer at any time.

(4) A certificate given under this rule in respect of any room must specify the maximum number of detained persons who may be accommodated in that room.

Sleeping accommodation

14.  Subject to rule 15 (families and minors), a detained person must be provided with separate sleeping accommodation from detained persons of the opposite sex.

Families and minors

15.—(1) Where members of the same family are detained in a short-term holding facility they are entitled to enjoy family life at the short-term holding facility save to the extent necessary in the interests of the security of the short-term holding facility and the safety of a detained person or other persons.

(2) The following must be provided with sleeping accommodation which is inaccessible to unrelated detained persons aged 18 or over—

(a)a detained person under the age of 18, and

(b)a detained family.

(3) A detained person must be provided with everything reasonably necessary for the protection, safety, well-being, maintenance and care of any person under the age of 18 detained with them for whom they are responsible.

Clothing

16.—(1) A detained person may wear clothing of their own if and insofar as it is suitable and clean and may arrange for the supply to them of sufficient clean clothing from outside the short-term holding facility.

(2) If required, a detained person must be provided with clothing adequate for warmth and health in accordance with arrangements approved by the Secretary of State.

Food

17.—(1) A detained person must be provided with adequate food and drink.

(2) The food provided must be varied, nutritionally balanced and must where practicable meet all religious, dietary, cultural and medical needs.

(3) The contract monitor must regularly inspect the food and drink and must report any deficiency or defect to the manager.

Hygiene

18.—(1) Subject to paragraph (2) a detained person must be—

(a)provided with toiletries necessary for personal health and cleanliness if required;

(b)allowed to have a daily bath or shower, and

(c)allowed to shave daily.

(2) The entitlements in paragraph (1) may be withheld if there are reasonable grounds to believe that such entitlement would be contrary to the security of the short-term holding facility or the safety of the detained person or other persons.

Recreation

19.  A detained person must be provided with recreational facilities so far as is reasonably practicable.

Time in open air

20.—(1) Subject to paragraph (2), a detained person must be given the opportunity to spend at least one hour in every 24 in the open air.

(2) Time in the open air may be refused in exceptional circumstances where necessary in the interests of the security of the short-term holding facility or the safety of the detained person or other persons.

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