Section two Focus on detention issues
These recommendations were made
with the English system in mind, but their
implementation across the four nations of
the UK should be considered.
mental health needs mean the failure to
transfer them to a place where they can
receive treatment in an appropriate setting is
a risk factor in potential ill-treatment.
The NPM agrees with the need to review
the current 14-day guideline, but this should
be done with a view to removing the
obstacles to its implementation and reducing
it further in future (as recommended by the
CPT), rather than extending the time period
in response to current delays. In addition,
stronger mechanisms are needed to ensure
transfer assessments cannot be delayed as a
means of postponing the start of the 14-day
guideline.
There are inevitable challenges posed
by different detention systems operating
to different legislation and under the
responsibility of different governments and
departments. In addition, the diversification
of commissioning arrangements and models
of service delivery have led to geographical
variations in services and competing
or conflicting interests, all of which can
complicate the pathway of the detainee to
an appropriate facility.
Conclusions
For an individual detainee, a period of
deprivation of liberty is likely to involve
moving through well-trodden pathways
through detention (police custody to
court custody to prison; medium secure
hospital to low secure unit). But for many
other detainees, it will also include moving
between a range of facilities in response
to their individual situation and needs (child
to adult facilities; prison to mental health
hospital).
There is a concerning lack of data about
detention pathways and the numbers
of people moving through them. Their
complexity makes them difficult to
understand and therefore difficult to
scrutinise.
Initial decisions to detain focus on the
immediate destination, but the individual
experience will cover a range of settings
and facilities over time. The NPM’s work
looking at pathways in detention illustrates
an often fragmented system that struggles
to facilitate the pathways needed to ensure
detainees are able to move around in
response to their changing needs, or to
ensure that detainees are held in the most
appropriate location. We highlight a range
of situations in which detainees’ changing
Most of the pathways NPM members
examined concern detainees with mental
health problems. Although understanding of
the problems of mental ill-health and needs
in detention has grown over the last decade,
this has not always led to action to match
the need for smooth pathways between
types of detention and sufficient capacity
within the system as a whole to facilitate
movement. As a result of the current
challenges, there are many people detained
in unsuitable locations whose mental health
may be deteriorating further as a result, and
many people detained in overly restrictive
detention settings rather than progressing
towards eventual release from detention. In
many instances, the NPM’s research showed
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