National Preventive Mechanism Annual Report 2009–10 Healthcare Inspectorate Wales H ealthcare Inspectorate Wales (HIW) regulates and inspects all health care in Wales. It assesses the quality and safety of health care commissioned or provided by organisations in the NHS and the independent sector against a range of standards, policies, guidance and regulations, and highlights areas requiring improvement. HIW also undertakes special reviews where there may be systemic failures in delivering health care so that improvement and learning are able to take place. In April 2009, HIW took on the functions of the former Mental Health Act Commission and is now responsible for monitoring compliance with mental health legislation and ensuring that health care organisations observe the safeguards relating to deprivation of liberty under the Mental Health Capacity Act 2005.27 HIW has appointed a Review Service for Mental Health to carry out this work which involves making visits to health care settings where people are detained under mental health law. HIW works closely with Care and Social Services Inspectorate Wales (CSSIW) which monitors the use of deprivation of liberty safeguards in social care settings in Wales. HIW also participates in HMIP-led inspections of prisons in Wales, assessing the health care provided to prisoners and ensuring it is equivalent to that provided in the community. In addition, HIW carries out two further functions which are relevant to its membership of the UK’s NPM: • it participates in investigations into deaths in Welsh prisons • in circumstances where a patient known to mental health services is involved in a homicide, HIW may conduct an independent review of the case to ensure that any lessons that may be learned are identified and acted on. HIW carries out its functions on behalf of Welsh Ministers and is part of the Welsh Assembly Government. However, its operational independence is protected by a number of safeguards that enable HIW to provide an objective view of health care in Wales. Methodology HIW’s Review Service for Mental Health seeks to ensure that all those receiving care and treatment in Wales and who are subject to mental health legislation are treated with dignity and respect; have the right to ethical and lawful treatment; receive the care and treatment that is appropriate to their needs; and are enabled to lead as fulfilling lives as possible. The Review Service makes announced and unannounced visits to services where people are detained under mental health law. All facilities are visited at least once a year with the timing and nature of visits being determined on the basis of risk. Following each visit, feedback letters are sent to the detaining authorities identifying good practice and any issues of concern. These letters are not published as they contain information that could identify individual detainees. However, annual reports of visits to individual detaining authorities are published. HIW also intends to publish an overview report of the findings of its Review Service each year. The first such report, relating to work in 2009– 10, will be published in late 2010. 27 For further information about the deprivation of liberty safeguards, see the profile of CQC at page 33. 34