National Preventive Mechanism Third Annual Report 2011–12
Although the use of force and restraint
in the children’s secure estate has been
most contentious in England and Wales, it
is also closely monitored by relevant NPM
members operating in Northern Ireland
and Scotland. In a joint inspection of the
Woodlands Juvenile Justice Centre in 2011,
for example, Criminal Justice Inspection
Northern Ireland (CJINI) and the Regulation
and Quality Improvement Authority (RQIA)
noted a significant reduction in the use of
force and found effective systems to record,
analyse and learn from restraint incidents.
RQIA also found a significant reduction in
restraint incidents during its inspection of
Lakewood Secure Care Centre (a secure
children’s home). This reduction resulted from
action to address previous recommendations
by RQIA, including the setting up of a weekly
behaviour management group to analyse
each incident of restraint, address any issues
arising from the incidents and learn from
them. Additional training for staff had also
been provided.
Health and social care settings
In some health and social care settings
where residents are not legally detained,
the restrictions of liberty applied to residents
are such that they may constitute de facto
detention. This is an issue the NPM members
will explore further in 2012–13. The findings
from work in 2011–12 described below
include instances of force and restraint in
places of detention, as well as restrictions
of liberty in non-secure residential settings
which, when taken together, may constitute
a deprivation of liberty.
In Scotland, the Mental Welfare Commission
for Scotland (MWCS) safeguards the rights
and welfare of everyone with a mental
illness, learning disability or related condition.
This includes making regular visits to monitor
the treatment of those detained under
mental health law. It also includes visiting
other residential settings in which people’s
liberty may be restricted through the use of
force or restraint.
In 2011–12, MWCS made a series of visits to
people with learning disabilities in hospital
care and assessed the use of restraint over a
six-month period. Of the 113 people whose
care and treatment were assessed, 20 had
required some level of physical intervention.
Three had required floor restraint while the
remainder had required seated restraint or
minimal guidance from one area to another.
Six of the 20 were restrained regularly (from
fortnightly to daily restraint). MWCS found
that all staff had appropriate training but
was concerned about one incident in which
inappropriate restraint techniques were
used, and one unit that was unable to find
its record of restraints. In those cases, MWCS
has undertaken follow-up action.11
In a review of people with severe and
enduring mental illness, MWCS was
concerned about people with different
security needs placed on the same ward.
This resulted in unnecessarily secure
environments for some of the patients.
MWCS made several recommendations
aimed at the minimum use of force to
ensure individual safety.12
During an investigation into the care and
treatment of a woman with dementia,
MWCS found that chemical restraint was
used inappropriately. While staying at a
hospital over a 12-day period, the woman
was given fluids by a drip but no nutrition.
11 MWCS, Themed visit to hospital units for the assessment and treatment of people with learning disabilities ( July 2012).
12 MWCS, Left Behind ( January 2012).
22
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents