Section three The NPM in 2016–17
which happen to be open. Independent
custody visitors confirm to him that each
detainee has knowledge of their rights
and entitlements, and provide reports on
detainees’ health and welfare, conditions
and facilities, and any special needs or other
relevant issues.
Building on the recent introduction of
standard reporting levels, Lay Observers
(LO) have introduced electronic visit reports
providing both specific ratings and narrative
to support those ratings. LO has compiled
national statistics from reports to identify
trends and key issues to present to HM
Courts & Tribunal Service and to escort
contractors. In addition, LO launched a survey
in early 2017 to provide a baseline of all key
facilities across the court estate. There was
a focus on health care throughout the year,
with the LO National Council monitoring and
reporting monthly on the health care risk
assessments prepared by prisons and police
custody suites for escort and court custody,
the availability of prescribed medication to
those detained, the quality of mental and
physical health care support available in court
custody, and the impact of any inadequacies
on the ability of the person detained to
participate in the court procedure. Significant
concerns were raised about the lack of
access to a confidential complaints process
and unacceptably long waiting times for
children and young people prior to and after
their hearing.
Mental Welfare Commission for Scotland
(MWCS) carried out two large-scale themed
visiting projects during the year. One project
examined the care and treatment in all adult
acute admission wards, including a specific
focus on whether key rights were being
respected and legislative safeguards were
being complied with. The second project
looked at care and treatment provided in all
medium and low secure facilities in Scotland,
because of the higher levels of restriction
people detained in secure settings will
experience. A report on the first project was
published during the year and a report on
the second project will be published in 2017.
In addition, MCWS published good practice
guidance on supported decision-making,
reflecting the expectations in the Convention
on the Rights of Persons with Disabilities.
MWCS organised several consultation
events looking at the need to reform
incapacity legislation in Scotland to ensure
its compliance with international human
rights standards. MWCS also continued to
expand its work with partners, as part of a
group sharing intelligence between national
agencies in Scotland about the quality of
health and social care. This new group
meets regularly and promotes coordinated
activity when potential or actual risks to the
quality of care and treatment are identified,
including any issues that relate to the work
of the NPM.
The Northern Ireland Policing Board, which
monitors the compliance of the Police Service
Northern Ireland with the Human Rights
Act 1998, continued to put in place existing
steps to ensure the effective and efficient
operation of the Independent Custody
Visiting Scheme (NIPBICVS). Custody Visitors
carried out 633 visits during the year, 27%
more than the number carried out in the
previous year. They met with 517 detainees,
carrying out checks on their rights, health
and well-being, and conditions of detention.
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