Section three The NPM in 2015–16
social services and regulated services, a
framework that now explicitly includes the
Inspectorate’s obligations under OPCAT to
consider the extent to which the care and
support provided helps to secure rights and
entitlements for people.
Healthcare Inspectorate Wales (HIW)
continues to inspect and regulate hospitals
with detained patients and has undertaken
long-term training of staff in key areas
of mental health and detention. The
additional training has focused on aspects
of the Mental Health Act 1983, including
section 136, and the various statutory
functions of the Mental Health Act review
service, including the Second Opinion
Appointed Doctor (SOAD). Training has
also been provided on the Mental Health
(Wales) Measure 2010. Over 2015–16 HIW
commenced, for the first time, a programme
of monitoring the implementation of the
1983 Mental Health Act for Patients in
the Community on Community Treatment
Orders (CTOs). HIW undertook three visits to
Cwm Taf, Cardiff and the Vale and Aneurin
Bevan health boards and plans to continue
extending this work over the next period.
Her Majesty’s Inspectorate of Constabulary
in Scotland (HMICS) continued to deliver a
rolling programme of custody inspections,
and improve its independence and OPCAT
compliance by ensuring that police officers
seconded to work with HMICS do not
form part of the custody inspection team.
In all its inspections HMICS continued to
consider solitary confinement, addressing
factors that mitigate the negative effects
of confinement in its reports. In late 2015
HMICS commenced a review of its custody
inspection framework, ensuring it takes
into account the Equality and Human Rights
Commission’s human rights framework for
adults in detention, which followed the
Preventing deaths in detention of adults with
mental health conditions inquiry. HMICS has
also begun to monitor Fatal Accident Inquiries
into deaths in police custody to ensure that
any learning is reflected in the framework
and general inspection methodology. In
early 2016, HMICS conducted a significant
review of all of the recommendations
it has made since the creation of Police
Scotland in 2013, which resulted in a number
of recommendations and improvement
actions being discharged. This review noted
improvements in some aspects of custody
delivery, although more needs to be done.
Following The Public Services Reform
(Inspection and Monitoring of Prisons)
(Scotland) Order 2015, Her Majesty’s
Inspectorate of Prisons for Scotland (HMIPS)
assumed responsibility for the everyday
monitoring of prisons in Scotland, which
is undertaken by around 150 volunteer
Independent Prison Monitors through weekly
visits. An Independent Prison Monitoring
Advisory Group has been established to
oversee and support the effectiveness
of prison monitoring, which is chaired by
a member of the Scottish Human Rights
Commission. In March 2015 HMIPS revised
its standards for the inspection of prisons
in Scotland, which both the inspectors and
monitors use in the performance of their
respective roles.
29
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