National Preventive Mechanism Fourth Annual Report 2012–13
Member-specific developments
We provide here a brief overview of notable
developments in the management, functions
and approaches of NPM members of relevance
to their compliance with OPCAT. Full reports
on NPM members’ specific activities, findings
and recommendations can be found in their
individual annual reports.
Institutional developments
The Care Inspectorate (CI) in Scotland moved
to a national and specialist team structure to
include teams for young people and criminal
justice. The CI will be formally designated as a
member of the NPM next year.
In April 2012, the Care and Social Services
Inspectorate Wales (CSSIW) launched a new
enforcement process, which included measures
for expediting and escalating the process
where urgent and/or serious failings are
identified. This will strengthen CSSIW’s ability
to identify and respond to concerns similar to
those encountered in Mid Staffordshire health
services, should they arise. CSSIW’s wideranging modernisation programme includes
inspections of regulated services focusing on
four quality themes, including ‘the quality of life’
which looks at rights, control and well-being. It
also adopts the use of the Short Observational
Framework for Inspection (SOFI), particularly
in inspections where there are people with
cognitive or communication difficulties.
The Care Quality Commission (CQC) made
significant changes to its executive and Boardlevel leadership, and started on a reorganisation
of regulatory and monitoring activities.
In October 2011, the Review of the Northern
Ireland Prison Service by the Prison Reform
Team (chaired by Dame Anne Owers) was
published9, which made 40 recommendations
for fundamental change to the Northern
Ireland Prison Service. Since then, CJINI have
continued to assess and report on progress to
the Oversight Group chaired by the Minister for
Justice. Progress has been made and a number
of recommendations have been implemented,
but some of the recommendations refer to
longer-term issues and CJINI will continue to
assess developments over time10.
Monitoring mental health detention
Work to help people receiving mental health
and learning disability services know more
about their rights, especially when being
treated under compulsory powers, was taken
forward by the MWCS and the Scottish Human
Rights Commission (SHRC), in partnership with
the Scottish Government and others. This
included a special focus on parents detained
under mental health legislation. Though Scottish
mental health law requires hospitals to mitigate
the effects of detention on parent relations,
MWCS found staff did not understand their
responsibilities. As a result, MWCS made
several recommendations on improving
parent’s contact with their children.
MWCS examined whether individuals with
learning disabilities receiving intensive
ongoing community support may be being
deprived of liberty unlawfully or excessively and
conducted research on the issue. They found
little evidence of this and were able to report
favourably on some very good care.
9 http://www.dojni.gov.uk/index/ni-prison-service/nips-publications/independent-reports-reviews-nips/owers-review-of-thenorthern-ireland-prison-service.htm
10 Summaries of these reports can be found at: http://www.dojni.gov.uk/index/ni-prison-service/nips-prison-review-oversightgroup-reports.htm
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