Section one
Introduction
Context
although this Act will provide data on
restraint in mental health hospitals in England
and Wales, and some experimental data is
available for England through the Mental
Health Services Data Set (MHSDS), we remain
concerned over the current lack of reliable
figures on the numbers of times physical
restraint is used in health and social care
settings across Scotland, England and Wales.
NPM members also highlighted the
damaging trends in prisons across the UK
during the reporting year. Levels of violence
and the use of force and restraint were high
in a number of prisons, with not enough
being done to address the underlying
causes of this violence. There was often
inadequate governance around the use of
force, leading some members to raise initial
concerns about the roll-out of PAVA spray – a
synthetic pepper spray which temporarily
incapacitates those it is sprayed upon – in
men’s prisons in England and Wales. In
addition to this, the NPM expressed deep
concern about the continuing and disturbing
levels of self-harm in prisons.
We set out these, and many other issues,
in our submission to the United Nations
Committee Against Torture (CAT). The
CAT held its sixth periodic review into the
United Kingdom’s efforts to implement
this international treaty in May 2019, and
our evidence – on cross-cutting issues
and human rights concerns in prisons,
police custody, mental health detention,
immigration detention and health and
social care – was particularly critical. This
led directly to several of the challenging
questions the committee asked the
government in the public hearing, and
formed the basis of some of the committee’s
final and critical conclusions.
We also used this important international
review to re-state the need for a strict time
limit for immigration detention. For many
years, NPM members have documented the
deleterious impact of indefinite immigration
detention. Members who monitored places
of immigration detention in 2018–19 also
found that the safeguards put in place to
prevent vulnerable people being detained
were not working effectively. I sincerely
hope this and other recommendations
made in our CAT submission are taken up in
earnest by the new Government.
I have been particularly worried by the
recent revelations about cases of alleged
abuse at hospitals Whorlton Hall and
Muckamore Abbey, both places where
vulnerable people with learning disabilities
and/or autism are held on the presumption
that they will be cared for and will be safe
and supported. BBC's Panorama revealed
shocking footage of the treatment of
patients by staff in Whorlton Hall, and a
police investigation into CCTV footage at
Muckamore Abbey has so far identified
around 1,500 alleged crimes, including
physical and mental abuse of patients by
staff at the hospital. In another significant
development a public inquiry has been
announced to investigate allegations of
ill-treatment of people detained under
immigration powers at Brook House
Immigration Removal Centre, also revealed
by an undercover documentary, in 2017.
Unfortunately, in 2018–19 there was still
no strategy from the Government on how
to strengthen the NPM by placing it on a
statutory footing, giving it the powers it
needs and guaranteeing its independence.
A legislative basis for the NPM is the only
way in which our ability to carry out our
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