Section two Focus on detention issues
external scrutiny where isolation goes on
for long periods or where it is informal, such
as they currently do in relation to other
safeguarding issues in prisons (such as use of
force or complaints).
Health and social care detention
NPM members monitoring health and social
care settings examined isolation practices in
adult mental health and intellectual disability
hospital wards. Evidence was contributed by
MWCS, CSSIW, HIW and CQC.77
MWCS can review all records of incidents of
seclusion and policies and procedures, and has
its own guidance for staff on use of seclusion.78
CSSIW reviews a random selection of files on
annual inspections of care homes, looking
at all incidents occurring in the previous 12
months for each file, including isolation. CSSIW
may also become aware of isolation occurring
in complaints about other issues, or in relation
to applications for deprivation of liberty
safeguards under its regulatory powers.
HIW reviews seclusion rooms as part of
regulatory inspections in independent
hospitals and looks at seclusion rooms as
part of inspection visits to NHS services.
CQC looks at isolation practices on visits
conducted under the Mental Health Act and
as part of its regulatory inspections. It has
undertaken monitoring visits with a specific
focus on isolation, and can also investigate and
receive complaints related to these practices.
Background
Health and social care detention is not punitive
in nature, so practices within detention such as
isolation should not have a punitive purpose.
Isolation should not be used as a punishment,
threat or active behaviour modification tool, or
solely as a means of managing self‑harming
behaviour, but rather as a reactive, last resort
measure to contain actually dangerous
behaviour. It can only be justified for as long
as it necessary to contain such behaviour.
Where isolation and solitary confinement
occur
Case study: isolation on a ward
In one instance a detained patient was
kept in a locked area of a secure ward
on a continuous basis for over five years.
The hospital defined this practice as
‘low stimulus’. Although the patient was
isolated, efforts had been made to ensure
regular contact with staff who attended
to his personal care and meals, and
encouraged him to leave the area and
join other patients on the ward. The NPM
member was satisfied that the patient
was able to do this on request, and noted
that his case was subject to regular review
by multidisciplinary teams and regular risk
assessments. The nature of the person
and the situation and oversight meant that
the seclusion was deemed appropriate
and considered to be used as a last resort.
Isolation in health and social care settings is
more commonly known as ‘seclusion’. In their
monitoring, NPM members found detainees
isolated in a range of ways, both formal and
informal.
77 The Care Inspectorate has begun monitoring in 2015.
78 Mental Welfare Commission for Scotland (2014), Good practice guide, the use of seclusion. At: http://www.mwcscot.org.uk/
media/191573/final_use_of_seclusion.pdf (accessed 14/10/15).
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