National Preventive Mechanism Seventh Annual Report 2015–16
The Children’s Commissioner for England
(CCE) conducted an inquiry into isolation
within the children’s custodial estate in
England, resulting in the publication of a
research report and a policy summary in
September 2015. Following the BBC report
on Medway Secure Training Centre (STC), the
CCE visited each of England’s three secure
training centres, at the behest of the Youth
Justice Board. In April 2015, a youth justice
specialist was seconded to the CCE, enabling
visits to be undertaken more strategically
and with refined methodology. The CCE
was involved in a Home Office working
party convened to improve compliance, by
the police and local authorities, with the
statutory requirement to transfer children
refused bail after charge to local authority
accommodation. This led to the development
of a draft concordat. It also continues to
monitor the de facto detention of children in
immigration settings.
Criminal Justice Inspection Northern
Ireland (CJINI) published a number of
reports, including a report of a highly critical
unannounced inspection at Maghaberry
Prison in May 2015. Due to its concerns it
took the unprecedented step of returning
to the prison in January 2016 and published
a follow up report. While the situation at
the prison had by then stabilised, CJINI
remains concerned and continues to monitor
the situation. It has also given evidence
before the Northern Ireland Assembly
Committee for Justice on Maghaberry, as
well as on its final report of the Progress on
Implementations of the Youth Justice Review
recommendations, which were published in
December 2015.
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The Care Quality Commission (CQC) has
started a number of projects aiming to
better integrate and align Mental Health
Act (MHA) monitoring with its regulatory
activity. This includes updating its approach
to visits to reflect changes in the MHA
Code of Practice; implementing revised
methodology for specially focused visits to
ensure flexibility in responding to emerging
MHA issues; and creating factsheets on both
NHS and independent health care providers
to address a lack of routine analysis being
used to inform MHA reviewers’ visits. CQC
has undertaken hundreds of MHA monitoring
visits and drawn the first cycle of regulatory
visits under the revised methodology
to a close. This year it increased OPCAT
compliance when Section 90 of the Care
Act 2014 amended Section 48 of the
Health and Social Care Act 2008, removing
the requirement to gain Secretary of
State approval for special reviews, thus
strengthening independence.
Care and Social Services Inspectorate Wales
(CSSIW) continues to work in partnership
with Healthcare Inspectorate Wales to
monitor, inspect and improve the operation
of the deprivation of liberty safeguards
in Wales. As a member of the Leadership
Group established by the Welsh Government
in the aftermath of the Supreme Court
judgement on the P v Cheshire West and
Chester Council case in 2014, CSSIW has
worked to emphasise the responsibilities of
the NPM as the group considers the interim
statement from the Law Commission on
Mental Capacity and Deprivation of Liberty.
CSSIW has begun the implementation of new
frameworks for inspections of local authority
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