National Preventive Mechanism Sixth Annual Report 2014–15
overrepresented in police custody, there
was still no systematic collection of data
that could provide an authoritative national
view on police custody, vulnerability and
discrimination.10 Improvements in the
collection and monitoring of information
on the use of force and strip searches
were needed, as well as in the quality and
quality assurance of custody records, risk
assessments and transfer of information
about detainees.
NPM monitoring identified fragmented and
ineffective leadership in court custody, and
often filthy and unsanitary conditions. There
was little understanding of the needs of
vulnerable detainees, and the assessment of
risk was poor.
Children in detention
The welcome fall in the number of children
in custody in England and Wales continued in
2014–15, to an average population of 1,048
in 2014–15 (of whom an average of 43 were
girls),11 and led to reductions in the number of
establishments holding children, resulting in
children being detained, on average, further
away from home. The most recent available
data (for 2013–14) demonstrated an increase
in the average number of days that children
spent in custody on the previous year,12
and NPM members documented evidence
that the children who remained in custody
exhibited a more concentrated combination
of very challenging behaviour and complex
needs than the wider range of children held
in the past; establishments struggled to meet
these needs.
In Wales, the number of ‘justice’ places
for children remanded and sentenced by
the courts reduced in line with demand in
the only secure children’s home, but the
number of secure ‘welfare’ places for children
subject to a secure welfare order increased.
Inspections in England found concerning
levels of violence and insufficient time out
of cells in YOIs, but positive work in secure
training centres and secure children’s homes.
Recorded rates of restraint, assault and
self-harm have increased across the secure
estate for children and young people to a
five-year high.13
Health and social care detention
Dramatic increases in the numbers of
deprivation of liberty applications and
cases reaching the court of protection in
England and Wales were reported during the
year. This followed on from the Supreme
Court judgment in P v Cheshire West and
Chester Council and another and P and Q
v Surrey County Council,14 which expanded
the understanding of the definition of
‘deprivation of liberty’ and as a result brought
to light an increasing number of people who
are recognised as deprived of their liberty.
In the six months following the judgment,
the numbers of requests from hospitals
and care homes for deprivation of liberty
safeguards authorisation increased at a
rate likely to be at least eight times that of
2013–14. The numbers of applications to the
court of protection for authorisation relating
to community settings also climbed, and are
predicted to climb higher. As a result, local
authorities have an unacceptable backlog of
10 HM Inspectorate of Constabulary (2015), op. cit.
11 Ministry of Justice (2015) Youth custody report: August 2015 at: https://www.gov.uk/government/uploads/system/uploads/
attachment_data/file/466486/youth-custody-data-august-2015.xls (accessed 14/10/15).
12 Ministry of Justice/ Youth Justice Board (2015) Youth justice annual statistics 2013-14.
13 Ministry of Justice/ Youth Justice Board (2015), op. cit.
14 UK Supreme Court, P v Cheshire West and Chester Council and another and P and Q v Surrey County Council, [2014] UKSC 19.
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