Section two Focus on detention issues
place a prisoner on a ‘basic’ regime, which
in some cases led to significant isolation
and even solitary confinement, was at a
lower level than that applied to prisoners
put in segregation. Furthermore, there were
no safeguards for prisoners identified as
at risk through the ACCT process. In one
prison where inspectors found informal
isolation on a wing, prison staff had
discussed and agreed a ‘compact’ for the
arrangement with the prisoner. Formal
health care arrangements that apply in
segregation units in England and Wales are
not in place for informal isolation on the
wing, which means these prisoners are not
regularly reviewed to assess the impact of
segregation or to offer support. It is possible
that informally isolated prisoners might not
engage with health care as they rely on staff
escorting them to that department, which
could lead to health needs not being met.
Reintegration
Many isolated prisoners are reintegrated into
the main prison, and some are transferred
out, or sent from formal isolation units to
health care units or hospitals. In Scotland,
management plans are usually prepared for
prisoners held in isolation for long periods,
but these were found to be of variable
quality. In England and Wales, several prisons
only had ad hoc reintegration planning,
or this was not written down. One NPM
member noted that there were no plans or
support to ensure ‘self-isolating’ prisoners
could reintegrate into the prison regime.
Conclusion
The evidence gathered in this review
highlights a number of concerns about the
practices amounting to isolation and solitary
confinement in prisons.
NPM members have identified a wide
variation in the conditions in the designated
facilities where prisoners are formally
isolated. The regime that prisoners can
access also varies widely from prison to
prison, and NPM members have identified
several situations where access to even a
minimum regime is inconsistent and/or has
been adversely affected by staffing levels.
The number of instances where prisoners
are informally isolated, and in many cases
in conditions that amount to solitary
confinement, over long periods of time is
of great concern. Governance of the basic
regimes or of unemployed prisoners does
not provide safeguards against the impact
of isolation or solitary confinement, and the
lack of specific health care reviews could
leave prisoners at risk. The extent to which
prisoners are isolated and even in solitary
confinement as a result of restricted regimes
and staff shortages warrants greater attention.
Although the idea that there should be
formal procedures to ensure segregated
prisoners do not come to harm as a result of
isolation, and to ensure appropriate reviews,
is well embedded in prison processes, all
NPM members reported concerns with
their implementation. NPM members have
frequently raised their concerns about the
number of vulnerable prisoners who are
formally segregated, and the numbers of
deaths that have occurred in segregation units
are a reminder of the serious risks. Oversight
at management level to ensure monitoring
of segregation, which should guide efforts to
ensure the appropriate use of segregation and
address any disproportionate representation
of black and minority ethnic and Muslim
prisoners among other issues, also varied.
29
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