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.
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