Section two Focus on detention issues
As part of their monitoring, the NPM expects
mental health services in England to have
implemented the new guidance in the Code
of Practice, but in a number of visits NPM
members have already found no evidence
that post-incident debriefings have been held.
Conclusion
Isolation can cause distress to detained
patients and those in care settings. The
practices identified by NPM members
illustrate that, in many cases, procedures
designed to ensure appropriate use and
oversight of isolation are not followed
or evidenced. All detained patients are
vulnerable as a result of suffering from
severe mental disorder, which makes
safeguards of extreme importance.
Focus by health inspectorates on the
physical and mental health consequences of
seclusion has led to more specific scrutiny
of the environment and regime where it
occurs. It is welcome that the new MHA
Code of Practice strengthens the protections
of patients in England who are isolated in
the short-or long-term, and raises standards
for the conditions for such isolation. The
acknowledgment in the Code that seclusion
always has the potential to be traumatising,
so that patients need support after it, and
that seclusion rooms need to have a visible
clock, are a direct result of observations
from NPM monitoring. At the same time,
the routine introduction of isolation through
night-time confinement, without the
possibility for the review requirements of
other forms of isolation, is of concern.
The NPM mental health forum will consider
ways to strengthen the monitoring of
isolation and solitary confinement – including
through full implementation of the MHA
Code of Practice in England – through their
monitoring and regulatory powers. Some
positive developments in standards and
awareness have undoubtedly been achieved,
and NPM members can play an important
role in ensuring these are sustained, and
introduced in areas they have not been.
Immigration detention
Immigration detention across the four nations
of the UK is monitored by HMI Prisons and
the IMBs, with other NPM members providing
specific monitoring of health and education
provision. Evidence was contributed to this
review from three inspections of immigration
removal centres (IRCs).
Background
The differentiation of immigration detention
(a form of administrative detention) from
punitive forms of detention should be clear in
the conditions in which detainees are held.84
The non-punitive purpose of IRCs in the UK is
clearly set out in the Detention Centre Rules
(2001), which emphasise that there should
be a relaxed regime with as much freedom
of movement and association as possible,
consistent with maintaining a safe and
secure environment.85 This principle should
govern the use of any practices amounting
to isolation in IRCs.
84 UN Special Rapporteur on the human rights of migrants, Report to the UN Human Rights Council A/HRC/20/24, 2 April 2012,
para 31.
85 The Detention Centre Rules 2001, 3(1), at: http://www.legislation.gov.uk/uksi/2001/238/made (accessed 14/10/15).
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