Section two Focus on detention issues
• NPM members should use their influence
to maintain the national focus in their
jurisdictions on improving the coordination
of service planning.
• NPM members should gather information
and report on delayed discharges and
people detained in conditions of excessive
security when monitoring secure mental
health services.
Pathways from police custody arising from
mental health issues
• Forces should ensure they sufficiently
evidence the numbers of detainees who
have significant mental health issues
and have needs which require enhanced
support over and above that which can
be provided in the custody suite. This data
should be able to be disaggregated for
equality monitoring purposes to ensure
public bodies are able to effectively
discharge their equality duties.
• NPM members should consider paying
closer attention to the destination of
detainees transferred from police custody,
as well as delays in pathways out.
Pathways from prisons to mental health
settings
• Collect and publish data on transfers from
prisons to mental health settings and on
the return to prison in the UK, to include
data on delays and at what stage in the
transfer process these occur.
• Review the current 14-day transfer
guideline with a view to removing
the obstacles to its implementation
and reducing it further in future, and
consider the introduction of a legal
maximum time between the first
medical recommendation and transfer
of detainees requiring care in a secure
hospital.
• Consider the recommendation of the
CPT that all patient transfers from prison
should automatically trigger a review by
the Mental Health Tribunal, or alternatively,
extending the right to appeal against
transfer currently in place in Scotland.
Future actions for the NPM
The NPM will follow up on the work
conducted so far by discussing how its
members can make sure they are fulfilling
their role of preventing ill-treatment when
detainees are moving between the types
of facilities they inspect or visit. This may
include:
• understanding all possible pathways and
identifying blockages and problems;
• examining preparation for detainee
pathways during inspections and visits;
• identifying detainees who are stuck in
inappropriate locations and reporting on
the issues they face;
• engaging with authorities who plan/
commission detention facilities and their
distribution with a view to ensuring
pathway problems are mitigated and
services are organised to answer needs.
The NPM also intends to discuss what
elements of the existing human rights
framework and international standards
relating to detention should govern
pathways and transitions, with a view to
influencing future thinking in this area.
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