National Preventive Mechanism Sixth Annual Report 2014–15
It was striking to find that reintegration
planning for isolated prisoners was ad hoc
at best in the examples reviewed by NPM
members.
NPM members will continue to scrutinise
these practices, and there will be further
thematic work to examine segregation
practices in Scotland.
Children in detention
NPM members that monitor places of
detention where children are held scrutinise
isolation practices as part of their existing
monitoring powers, reporting on their
findings and raising concerns and making
recommendations in their reports.
CCE can visit any setting where a child is
accommodated or cared for, other than a
private dwelling. It considered its conclusions
from seven visits to the youth justice
secure estate in 2013–14 (its last complete
reporting period).
Ofsted conducts inspection/regulatory
visits of secure children's homes (SCH) and
inspections of secure training centres (STC)
(with CQC and HMI Prisons). It drew
conclusions from a sample of 10 SCH
inspection reports and four STC inspection
reports, as well as the feedback from four
semi-structured interviews with inspectors.
CSSIW fed its conclusions from the inspection
of a secure residential children’s home into
this work.
HMI Prisons inspects young offender institutions
(YOI) and STCs (the latter with Ofsted).
Conclusions from the inspections of one YOI
and one STC were included in this review.
Background
UN human rights bodies consider the
imposition of solitary confinement, of any
duration, on children to be cruel, inhuman
or degrading treatment and consistently
recommend that children should not be
subjected to it.68 In 2006, an independent
inquiry headed by Lord Carlile recommended
that solitary confinement should never be
used as a punishment.69
Where isolation and solitary confinement
occur
Formal segregation in YOIs in England is
governed by the YOI Rules and Prison
Service order (PSO) 1700.70 These set out
the possibility for a child to be removed from
association for ‘good order and discipline’
(GOOD) or ‘in his own interests’ (YOI Rule 49).
This should last for no more than three days,
unless authorised by the Secretary of State
for up to 14 days, which can be renewed.
Children can also be confined temporarily
for refractory or violent behaviour for up
68 United Nations Committee against Torture, Consideration of the Reports submitted by States Parties under article 19 of
the Convention, Concluding observations of the Committee against Torture, Macao Special Administrative Region, CAT/C/
MAC/CO/4, para. 8; UN Subcommittee on Prevention of Torture, Report on the SPT visit to the Republic of Paraguay, CAT/
OP/PRY/1, para. 185; UN Committee on the Rights of the Child, Consideration of reports submitted by States Parties under
Art. 44 of the Convention, Concluding observations of the Committee, Denmark, CRC/C/15/Add.151, para. 41; and UN
Committee on the Rights of the Child, Consideration of reports submitted by States Parties under Art. 44 of the Convention,
Concluding observations of the Committee, El Salvador, CRC/C/15/Add.232, para. 36 (a); United Nations General Assembly,
Report of the Special Rapporteur on Torture, A/66/268, 5 August 2011, para77.
69 The Lord Carlile of Berriew QC, An independent inquiry into the use of physical restraint, solitary confinement and forcible
strip searching of children in prisons, STCs and local authority SCHs, (2006) The Howard League for Penal Reform.
70 The Young Offender Institution Rules 2000, at: http://www.legislation.gov.uk/uksi/2000/3371/contents/made; HM Prison
Service Prison Service Instruction 1700 Segregation, Special Accommodation and Body Belts at http://www.justice.gov.uk/
downloads/offenders/psipso/psi-17-2006.doc (accessed 14/10/15).
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