National Preventive Mechanism Third Annual Report 2011–12
During one inspection, RQIA found that
voluntary patients with learning disabilities
were deprived of their liberty because their
ward was kept locked. In addition, staff were
regularly restraining patients and doing so
without training or adequate procedural
guidance. The patients experienced
infrequent family contact and there was
minimal input from independent advocacy
services. RQIA found there were few
safeguards to promote the rights of patients:
their rights to liberty, protection, autonomy
and dignity were significantly compromised.
In contrast, RQIA identified good practice in
a regional intensive care unit for adults with
learning disabilities. It found evidence of regular
accredited training for staff, and a commitment
to detailed recording and auditing of each
incident involving the use of force and restraint.
Police custody
Police custody throughout the UK is
monitored at two levels – by a professional
inspectorate and by independent custody
visitors. In 2011–12, HMIC and HMIP
continued their joint inspection programme
of police custody facilities in England
and Wales. These inspections include an
assessment of the use and governance of
restraint. Generally, HMIC/HMIP observed
good use of de-escalation techniques,
which minimised the need to use restraint.
Where restraint was used, it was done
so proportionately, and staff continued to
communicate with detainees to explain what
was happening with the aim of de-escalating
the situation as quickly as possible.
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However, there were variations in practice.
In Nottinghamshire, inspectors met police
officers who said they would only use
handcuffs when it was proportionate
and necessary. This was borne out by an
analysis of custody records, which showed
few detainees arriving at custody suites
in handcuffs. In contrast, in Northumbria,
staff told inspectors that it was the police
force’s policy that everyone arrested should
be handcuffed. Many police officers said
they would do this regardless of the alleged
offence or the extent to which the arrested
person was compliant. This approach
resulted in children, pregnant women and
compliant detainees being handcuffed.
While individual uses of force were noted
in detainees’ custody records, a repeated
recommendation was that the police force
should collate use of force data. Without
data, the force was prevented from
identifying trends in the use of force to help
inform future policy, practice and training.
This failure to collate data follows on from
the removal of a Home Office requirement
for police forces to submit monthly use of
force returns. It is, therefore, difficult to make
comparisons between police forces or to
construct a national picture of how force is
used in police custody.
In light of this, the Ministerial Board on Deaths
in Custody invited the Independent Custody
Visiting Association (ICVA) to monitor the
use of force in police custody by examining
individual custody records. Custody visitors
were due to carry out this work in 2012–13
and present their findings to the Ministerial
Board in 2013. They will look at the type of
force used, its duration and the point at which
it was used during the detention process, the
provision of medical treatment following the
use of force, and the recording of the incident.
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