Section three The NPM in 2014–15 custody arrangements in Scotland in 2014. The new inspection programme, 'Local Policing+', will see HMICS inspect policing in each of Police Scotland’s 14 territorial divisions, with inspections of approximately three divisions, and all of the custody centres within them, each year. The first local policing inspection to include custody centres took place in Aberdeen in March 2015. The rolling programme will ensure HMICS inspects all custody centres in Scotland, as required by OPCAT, and monitors progress and, where appropriate, discharge recommendations from its 2014 thematic inspection of custody. HMICS is also committed to ensuring that its custody inspection team does not include any police officers seconded to the organisation. HMICS nominated an individual staff member from a non-policing background to lead on custody matters as a further guarantee of independence. Information about the steps taken has been publicised on the HMICS website. The Mental Welfare Commission for Scotland (MWCS) continued its programme of national themed visits in 2014–15. During its visits to monitor the use of enhanced observation in adult acute admission wards, the MWCS paid attention to whether, in practice, deprivation of liberty issues and the possibility of de facto detention were being considered.99 The MWCS started to build its focus on NPM thematic issues into visit work. Visits to all the intensive psychiatric care units started, and will include a focus on restrictive practices, specifically the use of restraint and seclusion. Visits to all learning disability assessment units are also planned and, again, specific information will be gathered about restrictions/restraints and the use of seclusion, or other practices that isolate individuals. In the last NPM report, the MWCS reported that it had reviewed the operation of restrictions in hospitals, which can be authorised under mental health law in relation to correspondence, the use of telephones, and certain security measures. To follow this up, MWCS published revised and updated guidance on principles and best practice in implementing specific restrictions.100 The MWCS visits a significant number of people each year who are subject to guardianship orders under incapacity legislation, and this year began to screen systematically all applications and orders granted to identify potential deprivation of liberty issues, and ensure that visits target people whose care and support might raise issues about deprivation of liberty. The MWCS started work to develop a patient’s rights care pathway, to identify how people can be given information about their rights at key stages in their care. The Independent Custody Visitors Scotland (ICVS) continued to disseminate NPM materials and provide training on NPM responsibilities as part of its training programme for current and new volunteers; 32 new custody visitors joined the scheme during the year. A Scottish code of practice for independent custody visiting was produced and ratified by the Scottish Government, Ministry of Justice and the Scottish Police Authority Board. 99 Mental Welfare Commission for Scotland (2015), Visiting and monitoring report: Enhanced observation 2014/15. 100 Mental Welfare Commission for Scotland (2015), Specified persons guidance: Principles and best practice in implementing specified persons regulations under the Mental Health (Care and Treatment) (Scotland) Act 20013. 57

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