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Nick Hardwick - PPT Presentation

HM Chief Inspector of Prisons EPSO European Partnership for Supervisory Organisations in Health and Social Care Brussels April 1819 2013 INSPECTING THE USE OF FORCE AND RESTRAINT IN SECURE ACCOMMODATION ID: 263020

hmi prisons www justice prisons hmi justice www gov monitoring opcat restraint bodies care independent detention inspection settings social

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Slide1

Nick Hardwick

HM Chief Inspector of Prisons

EPSO

European Partnership for Supervisory Organisations in Health and Social Care

Brussels, April 18-19 2013

INSPECTING THE USE OF FORCE AND RESTRAINT IN SECURE ACCOMMODATIONSlide2

www.justice.gov.uk/about/hmi-prisons

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www.justice.gov.uk/about/hmi-prisons

Inspecting the use of force and restraint

HM Inspectorate of Prisons

OPCAT and the UK National Preventative mechanism

Why independent inspection is necessary

Use of force and restraint in social care settings

Inspection principlesSlide3

www.justice.gov.uk/about/hmi-prisons

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About HM Inspectorate of PrisonsIndependent, human rights based with the experience of the detainee at the heart of our work

A long history – dating back to C18Role: To report on the treatment of prisoners and the conditions in prisons

Remit

: prisons, youth custody, police and courts custody, immigration detention, military custodySlide4

www.justice.gov.uk/about/hmi-prisons

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www.justice.gov.uk/about/hmi-prisons

OPCAT (1)‘Optional Protocol to the UN Convention Against Torture and other cruel, inhuman or degrading treatment or punishment’ – 2002

Some overlap with the Council of Europe Committee for the Prevention of Torture (CPT)

OPCAT requires an independent ‘National

Preventative

Mechanism’

NOT

a regulator, auditor or complaints handler

Adequately resourced with diverse and expert personnelSlide5

www.justice.gov.uk/about/hmi-prisons

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www.justice.gov.uk/about/hmi-prisons

OPCAT (2)Regular independent inspection of all places where people are detained

Freedom to choose where and when to go

Complete access and opportunity for private interviews

Access to information

Public reporting

Make recommendations and free to comment on legislationSlide6

www.justice.gov.uk/about/hmi-prisons

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The UK NPM (1)OPCAT ratified 2003

NPM established 200918 existing bodies inspecting or monitoring criminal justice, immigration, health/social care and childrenEngland, Scotland, Wales and Northern IrelandCo-ordinated by HMI Prisonshttp://www.justice.gov.uk/about/hmi-prisons/preventive-mechanismSlide7

www.justice.gov.uk/about/hmi-prisons

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The UK NPM (2)ENGLAND AND WALES

HMI PrisonsIndependent Monitoring BoardsIndependent Custody Visitors

HMI Constabulary

Care Quality Commission

Office for the Children’s Commissioner for England

Office for Standards in Education, Children’s Services and Skills

Care and Social Services Inspectorate Wales

Healthcare Inspectorate Wales

SCOTLAND

HMI Prisons for Scotland

HMI Constabulary for Scotland

Scottish Human Rights Commission

Mental Welfare Commission for Scotland

Care Inspectorate

NORTHERN IRELAND

Independent Monitoring Boards

Criminal Justice Inspectorate

Regulation and Quality Improvement Agency

Independent Custody Visitors Slide8

www.justice.gov.uk/about/hmi-prisons

8

OPCAT in Europe

NPM ESTABLISHEDAlbaniaArmenia

Austria

Croatia

Cyprus

Czech Republic

Denmark

Estonia

France

Germany

Hungary

Liechtenstein

Luxembourg

Macedonia, FRY

Malta

Moldova

Montenegro

Netherlands

Poland

Serbia

Slovenia

Spain

Sweden (NPM established)

Switzerland

Ukraine

OPCAT RATIFIED, NPM TO BE DESIGNATED

Bosnia and Herzegovina

Bulgaria

Georgia

Italy

Portugal

OPCAT STILL TO BE RATIFIED

Belgium

Finland (treaty still to be ratified)

Greece

Iceland

Ireland

Norway (treaty still to be ratified)

Romania

TurkeySlide9

www.justice.gov.uk/about/hmi-prisons

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www.justice.gov.uk/about/hmi-prisons

Why independent inspection is necessary?

The power imbalance between the detainee and custodian

The closed nature of the institution and the supposed lack of credibility of the detainee

The normative effects of custody

The ‘virtual prison'

Low morale and poor training of staffSlide10

www.justice.gov.uk/about/hmi-prisons

10

What is detention?Prisons, police cells etc

People with dementia in a care facility who are prevented from leaving for reasons of safety?People in hospital with mental health problems who are not formally detained but are ‘detainable if wishes to leave’?

People in community settings who are locked in at night or for part of the day?

Children detained in community settings with the consent of their parents?Slide11

www.justice.gov.uk/about/hmi-prisons

11

Is it detention? (1)Is the person confined in a restricted space for more than a very short time?

Has the person given valid consent to the confinement?Is the state responsible? For example, independent care homes may breach article 5 of ECHR if they unlawfully detain an individual who has been placed there by, or with the permission of, a state authority.

Is the person free to leave?

Duration of the measure?Slide12

www.justice.gov.uk/about/hmi-prisons

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Is it detention? (2)Physical restraint?

Sedation?Contact with outside world?What is the overall purpose of measures to control or restrict the individual’s movements?

Is there a relevant comparator?Slide13

www.justice.gov.uk/about/hmi-prisons

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Types of restraint (1)physical – using physical force without equipment

mechanical – using equipment such as handcuffs or leg restraints chemical – using medication to restrain a detainee

environmental

– for example, using seclusion to restrict a detainee’s movement Slide14

www.justice.gov.uk/about/hmi-prisons

14

Types of restraint (2)technological – for example, using electronic tagging, pressure pads or alarms to alert staff to a detainee’s movements

psychological – for example, repeatedly telling someone, especially a vulnerable person, that they are not allowed to do something or that it is dangerous, or depriving a detainee of something that is necessary for what they want to do, such as a walking aidSlide15

www.justice.gov.uk/about/hmi-prisons

15

Restraint concerns in health and social care settings (1)Mental Welfare Commission Scotland (MCWS):

113 incidents/20 required restraint3 ‘floor restraint’/others seated or guidance6 restrained regularly (fortnightly to daily)Staff trained1 inappropriate incident

1 institution with no recordsSlide16

www.justice.gov.uk/about/hmi-prisons

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Restraint concerns in health and social care settings (2)MCWS concerns cont.

People with different security needs on same wardInappropriate use of chemical restraintsLack of restraint – failure to assist a mentally ill patient with terminal cancer to die with dignitySlide17

www.justice.gov.uk/about/hmi-prisons

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Restraint concerns in health and social care settings (3)Regulation and Quality Improvement Agency (RQIA)

Range of restraints found: rapid tranquilisation, bed rails, lap straps, arm splints, specialist sleepwearInadequate training and policesPatients complained of injurySlide18

www.justice.gov.uk/about/hmi-prisons

18

Restraint concerns in health and social care settings (4)RQIA concerns cont.

In non-secure settings:Locked internal doors, locked external doors and gates, use of exclusion

Lack of understanding services were restrictive, failure to assess impact on individuals, poor assessment processes and little consultation with services users and/or their representatives

Absence of safeguards Slide19

www.justice.gov.uk/about/hmi-prisons

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CPT standards for the use of restraint in adult psychiatric establishmentsSubject to clearly defined policy

Last resort and usually restricted to manual controlTrained staffPhysical restraints only used with medical authorisation, for the minimum time possible and never as a punishment

Professional supervision of medication and sedation

Seclusion should be avoided

All incidents fully recorded to facilitate management and oversightSlide20

www.justice.gov.uk/about/hmi-prisons

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UK inspection and monitoring framework ‘Expectations’ (1)

Monitoring bodies should be independent of the authorities visited/ inspected and of the government. OPCAT Articles 17, 18(1) Monitoring bodies should be impartial.

SPT Guidelines 18, 19, 30

Monitoring bodies should have the right to publish their findings and to make recommendations for the purpose of preventing ill-treatment and improving standards in detention.

OPCAT Articles 19(b), (c); SPT Guidelines 36 Slide21

www.justice.gov.uk/about/hmi-prisons

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UK inspection and monitoring framework ‘Expectations’ (2)

Monitoring bodies should have unfettered access to places of detention. Access should be granted even where monitoring bodies arrive unannounced. OPCAT Articles 20(c), (e); SPT Guidelines 25

Monitoring bodies should have unfettered access to all detainees and to information about them.

OPCAT Article 20

The voice of the detainee is an essential component of any monitoring of places of detention.

OPCAT Article 20(d)

There must be a focus on the prevention of ill-treatment.

OPCAT Articles 1, 3 Slide22

www.justice.gov.uk/about/hmi-prisons

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UK inspection and monitoring framework ‘Expectations’ (3)

All places of detention should be monitored regularly. OPCAT Articles 1, 19(a) Monitoring bodies should set their own criteria against which they monitor the treatment of and conditions for detainees.

SPT Guidelines 12

Criteria for monitoring should be firmly grounded in human rights standards and should be transparent.

OPCAT Article 19(b)

Monitoring bodies should be sufficiently resourced to perform their role.

OPCAT Article 18(3) Slide23

www.justice.gov.uk/about/hmi-prisons

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UK inspection and monitoring framework ‘Expectations’ (4)

The remit of monitoring bodies should be set out in statute. SPT Guidelines 7 The staff of monitoring bodies should be recruited and appointed in an open and fair manner

.

SPT Guidelines 16

Monitoring bodies should promote and encourage respect for diversity, both in their own workforce and when monitoring places of detention

.

OPCAT Article 18(2); SPT on Prevention 5 Slide24

www.justice.gov.uk/about/hmi-prisons

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Summary Is it detention?

Is the person restrained?Can they move where they wish? Is any restraint necessary, proportionate, safe, authorised, recorded? Is there a human rights based, regular, independent, preventative inspection and monitoring framework?