National Preventive Mechanism Eighth Annual Report 2016–17 Although never published in a final version, the draft Concordat for Children in Custody in England led to work ensuring children do not spend excessive time in custody and places an onus on moving children, post charge, to local authority accommodation. While this document simply highlights existing legislation and guidance, it represents a de facto change in practice, as the rules had not been implemented. Publication of the independent review into deaths and serious incidents in police custody was still awaited at year end.66 In November, press reports cited information obtained under freedom of information legislation that 17 of the 49 police forces in the UK were using mesh fabric spit hoods, and that other forces were considering using them.67 Their use was considered an operational decision for individual forces, and was strongly criticised by some nongovernmental groups. Data suggested that since 2011, spit hoods had been used at least 2,486 times – in 635 cases on people with suspected mental health issues. In August 2016, ACC Tim Jacques, chair of the National Police Chiefs’ Council portfolio for Health, Safety and Welfare, wrote to all chief constables recommending that forces give serious consideration to providing spit hoods to all frontline officers.68 Immigration detention In July 2016, the UK government announced they would close Cedars, the only secure pre-departure accommodation designed to hold families with children. Cedars was opened in 2011 as part of government commitments to end the routine detention of children for immigration purposes. The decision to close Cedars followed on from concerns about the high cost and low and decreasing levels of use.69 The government announced its plan to replace Cedars with new pre-departure accommodation near Gatwick Airport, in a separate unit at Tinsley House immigration removal centre. In September 2016, the government announced it would close the only immigration removal centre in Scotland, Dungavel, replacing it with a new shortterm holding facility near Glasgow Airport. However in February this decision was reversed, citing as a reason the local council’s decision to block the new holding facility. The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2016 came into force on 12 September 2016.70 It implemented the Adults at Risk in Immigration Policy which specifies matters to be taken into account in determining whether a person would be particularly vulnerable to harm if they were to be 66. See https://www.gov.uk/government/speeches/home-secretary-announces-review-of-deaths-in-policy-custody [accessed 09/11/17]. The report was published following the end of the 2016/17 year, in October 2017, https://www.gov.uk/government/publications/deaths-and-serious-incidents-in-police-custody. 67. BBC, 2016, ‘‘Cruel’ spit hoods used by third of UK police forces’, http://www.bbc.co.uk/news/uk-england-37938056 [accessed 09/11/17]. 68. Police Federation, 2016, ‘Spit and bite guards’, http://polfed.org/spitguards [accessed 09/11/17]. 69. Stephen Shaw, 2016. Review into the Welfare in Detention of Vulnerable Persons, A report to the Home Office, 3.143–3.155 and recommendation 5. https://www.gov.uk/government/publications/review-into-the-welfare-in-detentionof-vulnerable-persons [accessed 13/11/17]. 70. See http://www.legislation.gov.uk/uksi/2016/847/contents/made [accessed 09/11/17]. 26