National Preventive Mechanism Seventh Annual Report 2015–16
stations being used as a place of safety for
children under the exercise of powers within
section 136 of the Mental Health Act 1983.30
In England the Mental Health Crisis Care
Concordat (2014)31 and in Wales the Crisis
Care Mental Health Concordat (2015)32 aimed
to address issues of vulnerable people, such
as children and people with mental health
issues, being held in custody.
Specific recommendations for changing the
inspection and monitoring arrangements for
education in prisons and youth custody were
made in these reviews, which were under
consideration by NPM members at the end
of the reporting year.
In February 2014, the then Justice Secretary
announced an independent review of
self‑inflicted deaths in custody of young
adults to be chaired by Lord Harris. The
review reported in July 2015 and concluded
that ‘the same problems are being reported
from so many different sources and over
such a long period of time […] the lessons
are clearly not being learned, and not
enough has been done to bring about
substantive change’ and made a large
number of recommendations to address this.
Of particular note was the contention that all
young adults in custody should be viewed as
vulnerable and the review recommendation
that all young adults aged 18–24 should be
accommodated in small units with specialist
staff. Youth offending teams should be
required to maintain contact with children
transferred from the under 18 estate
for a minimum of six months – longer if
they are vulnerable (up to 21 or 24 years
old).33 Arrangements should be made for
particularly vulnerable young adults to
remain in the children’s estate if deemed
in their best interests. The government
indicated that these proposals would be
considered in the context of the youth justice
review and consideration of wider reforms of
the prison estate.34
Subsequently, in February 2016, a ‘wholesale
reform’ of prison policy in England and Wales
was announced by the Prime Minister.35 At
the heart of this reform was the plan to give
greater financial and operational autonomy
to governors and ‘remove the bureaucratic
micromanagement that disempowers them’.
Six ‘reform prisons’ would be created to take
this approach forward and ‘prison league
tables’ would be introduced to encourage
comparisons between different institutions.
Significantly, the Prime Minister announced
that a Prisons Bill would be introduced in the
next session of Parliament. The last Prisons
Act in England and Wales dates back to
1952, making this an important opportunity
to update the basic legislation governing
prisons.
Further reviews were underway at the
end of the reporting year. In July 2015
the Home Secretary announced that
an independent review into deaths and
serious incidents in police custody would
be led by Dame Elish Angiolini.36 In January
2016, the Prime Minister announced a
30. http://www.publications.parliament.uk/pa/bills/cbill/2015-2016/0134/cbill_2015-20160134_en_1.htm [accessed
01/11/16].
31. http://www.crisiscareconcordat.org.uk/ [accessed 22/11/16].
32. http://gov.wales/docs/dhss/publications/151210reporten.pdf [accessed 22/11/16].
33. http://iapdeathsincustody.independent.gov.uk/wp-content/uploads/2015/07/Harris-Review-Report2.pdf [accessed 01/11/16].
34. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/486564/gov-response-harris-review.pdf
[accessed 01/11/16].
35. https://www.gov.uk/government/speeches/prison-reform-prime-ministers-speech [accessed 01/11/16].
36. https://www.gov.uk/government/news/home-secretary-announces-chair-for-deaths-in-custody-review [accessed 01/11/16].
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