National Preventive Mechanism Fourth Annual Report 2012–13
NPM member must be respected, as well
as their ability to set their own priorities for
detention monitoring.
The essential requirement of OPCAT – that
all places of detention are independently
monitored – is fulfilled by individual members
of the NPM or by members working in
partnership with one another. Detailed findings
relating to the treatment of, and conditions
for detainees are published in the inspection
or annual reports of each NPM member.
Political context and policy
environment
The role and responsibilities of public bodies
in the UK to protect the rights of those
that fall within their care came repeatedly
under the spotlight in 2012 and 2013.
The publication of the public inquiry report
into standards of care at Mid Staffordshire
National Health Service Foundation Trust
exposed a series of institutional failings
that led to routine neglect of patients and
failures to provide safe care5. Similarly, the
psychological and physical abuse against
people with learning disabilities that occurred
at Winterbourne View private hospital came
to light, demonstrating the shortcomings
of existing accountability mechanisms in
protecting the most vulnerable, or ensuring
investigation into allegations of abuse6.
Both of these shocking cases, although not
focused specifically on places of detention,
provided lessons for the UK NPM and its
individual members. The importance of the
UK NPM’s preventive function is underscored
by these examples, where monitoring and
regulation failed those whose rights should
have been protected. In response, the
UK NPM has placed greater emphasis on
ensuring coverage of all places of detention,
as well as focusing its coordinated efforts
on issues that have been insufficiently
addressed to date.
UK-wide measures to limit public spending in
2012–13 have meant that the sectors NPM
members inspect or monitor are operating
with considerably reduced resources. Most
NPM members have also seen their budgets
reduce during the 2012–13 period. At the
same time, a number of significant legislative
developments and policy proposals affecting
the sectors covered by the UK NPM have
been introduced or are under discussion.
In Scotland, the Police and Fire Reform Act
radically changes the policing landscape,
bringing eight police forces into one. A
revised mental health strategy for Scotland
brings a number of new commitments, and
focuses attention on the rights of those with
mental illness. In Wales, a Social Services
and Well-being Bill was presented to the
National Assembly in January 2013. The bill’s
imperative is to give people a stronger voice
and real control over the social care services
that they use. Regarding criminal justice,
proposals for reviewing the organisation
of the juvenile and women’s custodial
estate in England and Wales, as well as the
‘transformation’ of rehabilitation outcomes,
were under discussion.
Overall, the total prison population in England
and Wales fell from 87,868 at the end of
March 2012 to 84,596 at the end of March
2013, a reduction of almost 4%. There was a
4% increase in people entering immigration
5 Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry, February 2013. Available at:
http://www.midstaffspublicinquiry.com/report
6 http://www.southglos.gov.uk/Pages/Article%20Pages/Community%20Care%20-%20Housing/Older%20and%20
disabled%20people/Winterbourne-View-11204.aspx
12