Detention in the UK 'a mixed bag'

The UK’s National Preventive Mechanism (NPM) published its 13th annual report (covering the financial year 2021/22) in which it describes the crises of staffing, under-funding and slow COVID recovery

The National Preventive Mechanism is the network of independent bodies that have responsibility for preventing ill-treatment in detention. In every jurisdiction of the UK –Northern Ireland, Scotland, England and Wales – the bodies in this network have the job of inspecting or monitoring every place of detention with the aim of preventing the ill-treatment of those detained. These inspection and monitoring bodies provide essential protections for anyone detained anywhere in the UK, many of whom are vulnerable. Whether a person is compulsorily detained in a prison, an immigration detention centre, a psychiatric hospital, as a child in a secure training centre, or in any other kind of detention, there is an organisation designed to ensure that ill-treatment will not be tolerated. The UK’s NPM was created to comply with the United Nations’ Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The UK was one of the first countries to ratify OPCAT in December 2003 and designated the NPM in March 2009.

Findings

The NPM describes the state of detention in the UK as “a mixed bag”. It reports having seen some “brilliant” practice with professionals working in very challenging circumstances while at the same time highlighting entrenched issues with repeated recommendations resulting in little effort to address them.

Prisons

During the year under review, pandemic restrictions continued to disrupt every aspect of prison life across the UK, including safety, humane treatment, wellbeing, and purposeful and rehabilitative activities. More staff left than joined prisons each month, and there is a growing deficit in staff experience. The number of unsentenced prisoners had increased substantially, and the (re-)unification of the Probation Service in England and Wales resulted in many prisoners, especially those on remand, not having access to adequate support before and after release.

One prison in Northern Ireland was inspected in the reporting period, where although there was a safe environment with very little violence, the high number of illegal drugs entering and being consumed in the prison was a concern. The NPM highlighted Scotland as the country within the UK with the highest rate of imprisonment and a rising rate of deaths in prisons. Remand, overcrowding, and social isolation were also growing problems in Scotland too.

Although there are fewer women than men in the criminal justice system, the NPM found that they continue to be underserved. Mental health issues are still much more prevalent for women in prison, with some sent there due to non-availability of mental health facilities in hospitals, and there were long waiting times to be transferred to a psychiatric ward for those with severe mental ill-health in prisons.

Overall, people in prison were too often locked in their cells for up to 23 hours a day, with severe impact on mental health, purposeful activity and rehabilitative opportunities.

Health and social care

The NPM is also responsible for monitoring the conditions of those detained within the mental health system. They found that overstretched mental health services compromised safety and often placed people very far from their families and communities. The NPM raises concerns that staff shortages mean that patients are not getting the proper level or quality of care and the safety of patients and staff is being put at risk. The quality of ward environments was concerning, with many inpatient environments in need of immediate update and repair.

Children

COVID-19 remained a very present issue in the children’s secure estate, with outbreaks at secure training centres and secure children’s homes. There were also issues with the recruitment and retention of staff resulting in unpredictable shift patterns, inconsistent training and supervision which, in combination, contributing to a destabilisation of good quality provision.

Conclusion

In conclusion, the NPM summarised that the many problems with detention in the UK are “entrenched, complex and cross-cutting” and advocated for a paradigm shift where detention is used only as a last resort. Unfortunately, both main political parties in England are currently competing with promises to lock up more and more people.