National Preventive Mechanism Eighth Annual Report 2016–17
Health Inspectorate Wales (HIW) continued
its work inspecting and regulating hospitals
with detained patients, including monitoring
the use of the Mental Health Act 1983,
Mental Capacity Act 2005 and Deprivation
of Liberty Safeguards (DoLS) to ensure that
services discharge their powers and duties
in relation to patients who are detained or
subject to DoLS, and that de facto detention
is not used. HIW introduced new inspection
tools to enhance the monitoring of the Mental
Health Act 1983 and to reflect the changes
within the new Mental Health Act – Code of
Practice for Wales, that came into force in
October 2016. Work continued to strengthen
the provision of Second Opinion Appointed
Doctors (SOAD) by recruiting, training and
inducting a number of new SOADs. HIW’s
inspection work throughout the year identified
a number of patients within independent
hospitals who were inappropriately placed,
resulting in HIW taking a more proactive role
throughout the year to contact commissioning
agencies to note that alternative placements
for such patients must be located.
Her Majesty's Inspectorate of Constabulary
and Fire & Rescue Services (HMICFRS)140
conducted eight inspections of police custody
between April 2016 and March 2017, jointly
with Her Majesty's Inspectorate of Prisons.
These inspections assessed outcomes for
detainees against the revised Expectations for
Police Custody introduced from April 2016. This
has strengthened the approach to inspection,
reflecting areas identified for improvement in
the NPM self-assessment. In particular, there
is now a greater focus on the welfare and
treatment of vulnerable people and children
in police custody, and on diverting them
away from custody where possible.
Her Majesty’s Inspectorate of Constabulary
in Scotland (HMICS) continued to inspect
places of police custody in Scotland.
Following the deaths of two men in police
custody in 2013 and the publication of the
associated Fatal Accident Inquiry reports
in December 2015, Police Scotland invited
HMICS to carry out additional inspections
of the custody centres involved. These
inspections, carried out in April and May
2016, aimed to provide assurance about the
delivery of custody at both custody centres
and to assist Police Scotland in developing
its own, internal audit and improvement
processes. Police Scotland has since been
developing an internal scrutiny/continuous
improvement team in custody-based partly
on suggestions from HMICS and learning
from the two inspections.
HMICS has been discussing the possibility of
developing joint inspections of police custody
with Healthcare Improvement Scotland
(HIS). HMICS believes that joint inspections
with HIS, the body responsible for inspecting
the National Health Service in Scotland,
will maximise the OPCAT compliance of its
monitoring and allow for a more holistic
assessment of the treatment of and
conditions for detainees in police custody. It
is hoped that joint inspections will be able to
commence before the end of 2017–18.
Her Majesty’s Inspectorate of Prisons (HMI
Prisons) published 86 individual inspection
reports on prisons, police custody suites,
immigration removal centres and other
custodial establishments during the year. In
addition to its inspection role, HMI Prisons
also published revised Expectations for
police custody (together with HMICFRS)
140. HMIC changed its name to HMICFRS in July 2017, reflecting the organisation’s expansion to become a fully integrated
inspectorate for the police and fire and rescue services.
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