Section one Context requests with 19,429 applications pending a decision at the end of September 2014 and a high number of people probably deprived of their liberty without authorisation. NPM members noted variation in the correct use of the safeguards by region, which indicated a lack of understanding of the Mental Capacity Act.15 Military detention Inspection of military detention (the Military Corrective Training Centre and Service Custody Facilities) during the year identified strong relationships between staff and detainees, provision of good quality activities, and a focus on resettlement from the first day of detention. Variation in the care provided to detained patients was noted. Too often, NPM monitoring found services that were not routinely involving patients in their treatment; issues of bed availability, and an increasing number of patients being detained far away from home.16 NPM members continue to encounter de facto detention across a range of settings. The framework for investigating deaths in mental health detention was called into question for its lack of independence.17 Political context, legislative and policy developments Immigration detention The main concerns for immigration detainees were the uncertainty about their detention and anxiety about their immigration case. These concerns were exacerbated for detainees who were vulnerable for some reason – and too often these vulnerabilities were not recognised or addressed. Increasing numbers of detainees reported not having access to legal advice to help apply for bail or for their immigration case. It is government policy that children are not held in immigration removal centres but children can be wrongly detained in ‘age dispute’ cases.18 A referendum on Scottish independence took place in September 2014, with 55.3% voting against independence and 44.7% voting in favour. Among other constitutional issues, this meant the possibility that Scotland would have to consider separate ratification of international treaties, including OPCAT, did not have to be pursued. The UK general election of May 2015 led to a new majority government being formed by the Conservative party. Among the party’s pre-election manifesto commitments was the plan to ‘scrap the Human Rights Act, and introduce a British Bill of Rights’ with a view to breaking the formal link between British courts and the European Court of Human Rights.19 Significant gains were made by the Scottish National Party, which won 55 seats in the UK parliament. Public expenditure reductions have taken place across all the sectors inspected by NPM members in the UK. In Northern Ireland, members reported that austerity 15 Care Quality Commission (2014), Monitoring the Use of the Mental Capacity Act Deprivation of Liberty Safeguards in 2013/14; UK Parliament, Health: Deprivation of Liberty Safeguards, Question for short debate, HL Deb 16 March 2015, volume 760, column 975-992 at http://www.publications.parliament.uk/pa/ld201415/ldhansrd/text/150316-0002. htm#15031643000129 (accessed 14/10/15). 16 Care Quality Commission (2015), Annual Report and Accounts 2014-15. 17 Equality and Human Rights Commission (2015), Preventing deaths in detention of adults with mental health conditions, Executive summary, p.5; Inquest (2015) Deaths in mental health detention: an investigation framework fit for purpose?. 18 During 2014, the Refugee Council’s age dispute project secured the release of 25 detainees whose age had been disputed but who were later found to be children or a full age assessment was pending. Refugee Council (2014) Age dispute project, end of year report 2014. 19 Conservative Party (2015), The Conservative Party manifesto. 15