Guidance

Manston Independent Inquiry: terms of reference

Published 12 February 2025

Purpose and Scope

To investigate and report on the decisions, actions and circumstances which led to the conditions encountered (the ‘incident’) by those detained at Manston Short-Term Holding Facility (‘Manston’) between 1 June 2022 and 22 November 2022 (the ‘relevant period’).

To reach conclusions of fact on the treatment of those detained at Manston during the relevant period; and then make any such recommendations regarding the handling of the incident as may seem appropriate. In particular, the Inquiry should investigate:

1. The conditions encountered at Manston during the relevant period

2. The treatment of those detained at Manston during the relevant period by staff at Manston, including by contractor provided staff

3. The steps taken by way of capacity planning for Manston and for onward accommodation, including hotels, for the relevant period, including identifying whether there were failings which caused or contributed to the conditions at Manston during the relevant period

4. Whether any measures taken to improve conditions at Manston and to shorten the periods individuals spent detained at the site during the relevant period were effective, and whether any further measures could and / or should reasonably have been taken to improve conditions at Manston during the relevant period

5. Whether there are lessons to be learned regarding the HO’s handling of the incident

The Inquiry should not make findings regarding the current running of Manston, but regard may be had to changes made and actions taken following the incident to inform recommendations.

Method

The Inquiry’s investigations will be a matter for the Chair. As the sponsoring department the HO will provide support and ensure that the Inquiry has the resources to address these terms of reference.

The Inquiry will seek to investigate these matters through:

• analysis of documentary evidence
• interviews and witness statements
• evidence and findings from any previous reports regarding Manston which relate to the relevant period

In the event that the Chair considers that public hearings are necessary in order to comply with Article 3 of the European Convention on Human Rights, the Chair must consult with the Home Secretary regarding this necessity. Following such consultation, the Chair may hold public hearings where necessary to comply with the requirements of Article 3 of the European Convention on Human Rights.

The Inquiry should consider no more evidence than is reasonably necessary to discharge and address these terms of reference.

The Inquiry should seek to avoid unnecessary cost when investigating these matters.   

Report

The Inquiry should be undertaken without undue delay, to enable a final report to be produced as quickly and effectively as possible. The final report should set out its findings of fact and recommendations to the Home Secretary.

The Inquiry should make any recommendations it sees fit, including any actions that may, in its view, be appropriate as a result of its findings. The final report will be published by the Home Secretary and the government will respond in due course.

Principles

The Inquiry will take reasonable steps seek to ensure transparency at all stages in its investigation.

A dedicated Inquiry team will remain accessible throughout.

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.