Section one Context
The number of applications to use
deprivation of liberty safeguards5 in England
continued to rise, with 11,886 applications
made (a 4% increase on the number of
applications in 2011–12 and a 66% increase
on the applications in 2009–10). The number
of authorisations granted (55% of all
applications) to use the safeguards remained
similar to the previous year.6,7 Application
rates increased sharply for people in the two
oldest age bands (75–84 and 85 and over).8
Some NPM members reported their concerns
that pressures were a significant factor in the
inadequate provision of timely access to care
and staffing levels (in mental health settings
in England and Wales) and in detainees’
safety (in prisons in England and Wales). The
reintroduction of night-time confinement
as a cost-saving measure in high security
mental health hospitals in England and Wales
demonstrates the direct impact of budget
cuts on detention practices.9 There was an
unacceptable increase in the number of
self-inflicted deaths in prisons in England
and Wales, with 88 confirmed self-inflicted
deaths between April 2013 and March 2014,
a rise of 69% from the 52 recorded in 2012–
13 and the highest number for comparable
periods since the year ending March 2004.10
Notifications of deaths of detainees under
the Mental Health Act increased in 2012–13
from the previous year, with a total of 275
reported deaths, of which 48 were recorded
as having unnatural causes and 27 were
undetermined (in comparison to a total
of 236, including 36 unnatural and nine
undetermined in 2011/12).11
The run-up to the September 2014
referendum on Scottish independence12
further shaped the political context in
which NPM members operated. In practice,
different legal systems and devolved
responsibility for health matters have always
meant that Scottish NPM members have
very distinct responsibilities and relationships
within the NPM are very positive.
At the same time, controversy about
the UK’s role in the European system for
the protection of human rights occurred
throughout the year, particularly in relation
to the implementation of the European
Court of Human Rights judgment Hirst v. UK,
relating to the ban on prisoners’ voting.13
A parliamentary Joint Committee was
appointed in May 2013 to consider and
report on the government’s proposals in its
draft Voting Eligibility (Prisoners) Bill. This
committee recommended extending the
entitlement to vote in all UK parliamentary,
local and European elections to all prisoners
serving sentences of 12 months or less.
5 Deprivation of liberty safeguards were introduced in England under the Mental Capacity Act 2005 (subsequently introduced
as an amendment under the Mental Health Act 2007), to provide a legal framework to ensure people are deprived of their
liberty only when there is no other way to care for them or safely provide treatment.
6 Figures provided by the Health and Social Care Information Centre showed that 11,887 applications to use the safeguards
were made in 2012–13 and 6,546 authorisations were granted.
7 http://www.hscic.gov.uk/searchcatalogue?productid=12141&q=title%3a%22Mental+Capacity+Act+2005%2c+Deprivation+o
f+Liberty+Safeguards+Assessments%22+!Bi-annual+!analysis&sort=Relevance&size=10&page=1#top
8 Care Quality Commission (2014) Monitoring the use of the Mental Capacity Act Deprivation of Liberty Safeguards in
2012/13, p.17 (https://www.cqc.org.uk/content/deprivation-liberty-safeguards-201213)
9 Care Quality Commission (2014) Monitoring the Mental Health Act in 2012/13, p.36 (http://www.cqc.org.uk/content/
mental-health-act-annual-report-201213)
10 HM Inspectorate of Prisons (2014) HM Chief Inspector of Prisons for England and Wales Annual Report 2013–14, p.10 (http://
www.justiceinspectorates.gov.uk/hmiprisons/inspections/?post_type=inspection&s&prison-inspection-type=annual-reports)
11 http://www.cqc.org.uk/sites/default/files/documents/cqc_mentalhealth_2012_13_07_update.pdf (p.70–27)
12 The outcome of the referendum – in which 44.7% voted ‘yes’ and 55.3% ‘no’ to the question ’Should Scotland be an
independent country?’ – was announced before going to print.
13 Case of Hirst v. the UK (No.2) (Application no. 74025/01)
13
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