National Preventive Mechanism Fifth Annual Report 2013–14
strengthen approaches to monitoring the
use of force and restraint and share best
practice. Effective monitoring of use of
force and restraint is essential to preventing
the ill‑treatment of detainees, and to
safeguarding their rights and well-being.
After concerns about repeated deaths in all
forms of detention following restraint, and
the findings of subsequent investigations that
similar concerns had arisen in many of these
cases, the Joint Ministerial Board on Deaths
in Custody (for England and Wales), on which
several NPM members are represented,
developed and endorsed a set of ‘Common
principles of restraint’ (see Appendix Five).
These common principles were developed on
the basis of broad consultation, and set out
key principles for the safe management of
restraint.36 The principles were presented to
the full membership of the NPM at its business
meeting in November 2013 by Professor
Richard Shepherd, an independent expert
member of the Independent Advisory Panel to
the Ministerial Board. NPM members agreed
to use the principles as a basis for developing
practice in their work and in discussion
with inspected bodies to establish common
ground on whether the shared principles
could be adopted through governance,
management and training mechanisms.
Restraint and use of force are key issues for
all members’ regular inspection and regulatory
activities and examples of the work undertaken
during the year are set out as follows.
Police custody
HMIC and HMI Prisons continued to report on
their concerns that the use of force in police
custody was not being adequately monitored
nor the data collected and analysed to
inform training needs and custodial practice.
These concerns were shared by the Advisory
Panel to the Ministerial Board on Deaths in
Custody. Both bodies were also concerned
to find that custody staff did not routinely
complete available use of force forms
when detainees were physically restrained
and, in some cases, did not perceive their
intervention as a use of force. As custody
staff also received no feedback from their
use of force forms, they generally believed
that they were used exclusively for personal
safety training, rather than as a safeguard
that force was used as a last resort and with
the minimum force necessary.
More positively, HMICS found that arresting
officers and custody staff in Scotland were
taking a proportionate and risk-assessed
approach to use of force and restraint, and
incidents were being recorded. However
there was a lack of management information
and trend monitoring.
Children
In its visits to the youth justice secure estate,
OCC requested data on restraints and viewed
CCTV footage of restraints, raising any
concerns subsequently with the detaining
institution and the Youth Justice Board.
A new approach to behaviour management,
‘minimising and managing physical restraint’
(MMPR), was in the process of being rolled out
across Young offenders Institutions (YOIs)
and STCs. HMI Prisons reported its concern
that some young people could be hurt
unintentionally because staff would not be
able to apply the new techniques properly in
a real-life situation, as well as concerns around
36 http://iapdeathsincustody.independent.gov.uk/news/iap%E2%80%99s-common-principles-on-the-safer-use-of-restraintpublished-today/
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