National Preventive Mechanism Eighth Annual Report 2016–17
up problems that would be avoided if there
was better community provision preventing
the need for, or offering alternatives to,
detention.127
Human rights standards are primarily focused
on types of detention or establishments,
and there is little in the way of international
precedent or legal authority to guide the
NPM or detention authorities in the UK
on what is expected of them. There has
been little discussion of the human rights
implications of detainees moving, or trying
to move, along different pathways. There
are however, important principles that
should clearly be applied, including the
principle of ‘least restrictive environment’,
standards relating to detainees’ distance
from home, and the responsibility to prevent
ill-treatment.
Furthermore, legal protections are less
clear and possibly harder to apply when a
detainee is moving, or should be moved,
from one place to another. In this respect,
the development in Scotland to extend the
right to appeal excessive security levels in
medium secure hospitals is significant, as
is the CPT recommendation that there be
oversight from mental health tribunals of all
prison-hospital transfers.
The NPM’s work, conducted alongside its
members’ existing inspection and visiting
programmes, has only been able to look at
some of the pathways and in limited detail.
Our work reviewing existing literature and
current practice allows us to identify issues
relating to the treatment of detainees arising
from pathways that warrant further study.
These include:
• how the distribution of national and local
resources and specific commissioning
arrangements influence the pathways
available to detainees;
• how cost imperatives influence the
pathways detainees travel;
• the loss of continuity of services as a
result of detainee moves;
• the impact on a detainee of choosing to
transfer them to one or other option;
• the different thresholds applied to
decisions to transfer detainees from one
place to another;
• the availability of pathways for particular
groups, including women and children;
• the desirability of reducing or maintaining
a child’s regime and privileges in
anticipation of a move to a more
restrictive setting.
Recommendations and future actions
The NPM makes the following
recommendations to authorities responsible
for aspects of the pathways identified above.
Pathways from mental health to mental
health settings
• Strengthen the planning of secure
mental health services with a view
to this becoming more coordinated
(including between jurisdictions for
national resources) and based on better
information about local and national
needs.
• Consider the need for extending the right
to appeal against being held in conditions
of excessive security beyond its existing
application in Scotland.
127. See also House of Lords, House of Commons Joint Committee on Human Rights, 2017, Mental Health and Deaths in Prison:
Interim Report, paragraph 22.
48
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