Section three The NPM in 2015–16
Independent Custody Visitors Scotland
(ICVS) continued to visit Police Scotland
custody estates, with the volunteers
completing nearly 1,500 unannounced
visits in the period. ICVS welcomed an
increase in both the number of detainees
to whom it was able to offer visits (up
6.13%) and detainees accepting visits (up
1.09%) on the previous year. ICVS gained
the new responsibility of monitoring
legalised police cells (LPCs) from August
2015. LPCs are police cells which have
been ‘legalised’ to hold prisoners either
awaiting trial locally, returning from prison
for sentencing, or pending transfer to prison
following conviction. They derive from
the inaccessibility of the Scottish courts in
outlying districts and islands. The National
Manager and Regional Coordinators have
developed bespoke training in preparation
for the implementation of the Criminal Justice
(Scotland) Act 2016. This will be delivered to
all volunteer custody visitors prior to the Act
coming into force.
Independent Monitoring Boards Northern
Ireland (IMBNI) continued to work as
voluntary independent observers for all
aspects of the prison regime in Northern
Ireland.
Mental Welfare Commission for Scotland
(MWCS) undertook visits to all of the
intensive psychiatric care units in Scotland,
and all of the learning disability inpatient
assessment units, with a focus on solitary
confinement and isolation. This resulted
in two national reports and MWCS now
expects all psychiatric units where seclusion
may be used to have seclusion policies in
place. A joint report by the MWCS and the
Scottish Human Rights Commission, Human
rights in mental health care in Scotland,
was published in September.47 MWCS also
completed a piece of work called Emergency
detention certificates without mental health
officer consent, which analyses the use
of emergency detention certificates that
have been granted without the consent of
a mental health officer (a specially trained
social worker in Scotland), and which allow
the detention of people in hospital for up to
72 hours.48
Ofsted (Office for Standards in Education,
Children’s Services and Skills) published a
revised framework for the joint inspection
of secure training centres (STC) which
introduced two new separate judgements
on the health of young people and the
effectiveness of leaders and managers.
Since publication two STC inspections have
been undertaken and additional bespoke
unannounced inspections were carried
out in all three secure training centres in
light of concerns about Medway STC. The
implementation of new Children’s Homes
Regulations on 1 April 2015, which included
new quality standards, has strengthened
Ofsted’s capacity to drive improvement
in children’s homes. This complemented
the simultaneous launch of a new Ofsted
inspection framework for children’s homes.
The methodology for inspecting England’s
secure children’s homes (SCH) is incorporated
within this wider framework, making it clear
that establishments are primarily homes for
children and young people, regardless of
their secure nature.
47. MWCS and SHRC (September 2015) Human rights in mental health care in Scotland, available at: www.mwcscot.org.uk/
about-us/latest-news/human-rights-in-mental-health-care-in-scotland/ [accessed 01/11/16].
48. MWCS ( June 2016) Emergency detention certificates without mental health officer consent, available at: http://www.
mwcscot.org.uk/about-us/latest-news/new-report-scotlands-use-of-emergency-detention-without-the-consent-of-mentalhealth-officers/ [accessed 01/11/16].
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