National Preventive Mechanism Third Annual Report 2011–12
Monitoring use of force and
restraint
When monitoring the use of force and
restraint, members of the NPM expect
to find that these are only used when
necessary, proportionate, as a last resort
and in accordance with the law. Members
may apply slightly different monitoring or
inspection criteria during their visits but
there are some widely accepted standards
relating to force and restraint that should
be implemented. The relevance of these
standards may vary depending on the type
of restraint used. For example, it would
not be expected that a qualified medical
practitioner sees a police detainee following
every application of handcuffs by a police
officer. Nonetheless, the following standards
form the basis of what NPM members
generally expect to find when monitoring
the use of force and restraint.
• Every effort should be made to de-escalate
the situation or manage the detainee using
the least restrictive means possible.
• Restraint techniques should be safe and
accredited.
• Institutions and services should have clear
and accessible policies on the use of force
or restraint.
• Staff should be trained in appropriate
restraint techniques and training should be
updated regularly.
• Detainees should be seen by a qualified
medical practitioner following the use
of force or restraint. Injuries should be
recorded and treatment provided.
• Detainees should be debriefed following
incidents of force or restraint and should be
able to make a complaint if they wish to.
• All incidents of force or restraint should be
recorded. Records should be scrutinised
by senior managers to ensure force or
restraint is used lawfully.
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• Incidents should be monitored (for example,
at an institutional level) to identify trends.
Trends should be acted upon.
• There should be special arrangements
for the use of force or restraint against
detainees who may be particularly
vulnerable, including children, women
(particularly pregnant women), those with
disabilities and older detainees.
Despite these standards representing good
practice in the use of force and restraint,
the members of the NPM often find they
are not met. The findings of the NPM
members described below illustrate the
range of actions constituting force and
restraint encountered during monitoring
visits, and highlight examples of good and
poor practice. We have presented their
findings according to the type of custody
visited. Although we have highlighted the
work of only some NPM members during
2011–12, the use of force and the application
of restraints have been, and will remain,
a key interest to all members of the NPM.
Monitoring force and restraint is essential to
preventing the ill-treatment of detainees and
safeguarding their rights and well-being.
Children and young people in
secure accommodation
For several years, the physical restraint
of children and young people in secure
accommodation has been a high profile issue,
particularly in England and Wales, following
two restraint-related deaths of children in
2004. Gareth Myatt, aged 15, died while
being restrained by staff at Rainsbrook Secure
Training Centre (STC). Adam Rickwood,
aged 14, was found hanging in his cell at
Hassockfield STC a few hours after he had
been subject to restraint. An inquest held that
an unlawful use of force had contributed to
Adam’s decision to take his own life.
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