Independent Custody Visitors Annual Report

Transcription

1 Independent Custody Visitors Annual Report Office of the Kent Police & Crime Commissioner, Kent Police Headquarters, Sutton Road, Maidstone, Kent ME15 9BZ Office telephone: Press contact: Website:

2 Foreword from the Kent Police and Crime Commissioner Matthew Scott Firstly, I would like to take a few moments to introduce myself as your new Police and Crime Commissioner. I come from a policing family, and I stood for election as I believe that the role of PCC can deliver real improvements for people across Kent. On 5th May 2016, the people of Kent elected me as their second Police and Crime Commissioner. During my campaign, I outlined my Six Point Plan for delivering effective policing in Kent: Cutting crime and reducing reoffending Delivering value for money Visible, effective and dedicated policing Putting victims first Tackling their misery caused by abuse, substance misuse and antisocial behaviour Revolutionise the way the police deal with those suffering with mental health issues. The two months since I was elected have been an incredible time as I have learnt even more about what work goes on in both Kent Police and the Office of the Kent Police and Crime Commissioner. Of course, the Independent Custody Visiting scheme is a statutory one, but it is so much more than that and will retain my full support. It is a great way to provide public reassurance on the welfare and treatment of those within the care of Kent Police. I am really pleased to see that we have such a dedicated team willing to volunteer their time to serve the people of Kent. Volunteers are the unsung heroes of our society and I am grateful for your commitment to the scheme. One issue that concerns us both is how the Police deal with people who are having a mental health crisis. This is foremost a health matter, not a policing one, and it serves no-one s interests for the Police to spend so much time on dealing with issues that are not part of their remit. I am working closely with Kent Police on how we can work with partners to improve the care given to people, and free up policing time. I look forward to working with the ICV Scheme over the next four years. Office of the Kent Police & Crime Commissioner 2

3 Number of ICVs & Recruitment Panel No. of ICVs North Kent 13 West Kent 15 East Kent 18 Total 41* At the moment, the scheme has 41 members, which is 5 more than last year. This includes 18 new recruits and several resignations. However, a number of members visit more than one panel area, which accounts for the disparity, marked * above, and gives the scheme some more resilience. In March 2015 the Commissioner s Office launched a recruitment drive across Kent. The OKPCC had enough contacts to successfully advertise free of charge, so we did not place any advertisements in local newspapers. We relied heavily on press releases, volunteer bureaux and District and Parish councils to circulate the position. The application process was open for two months and we received over 55 applications. We offered positions to 21 applicants and 18 accepted the role in September. Each ICV was vetted and our two training sessions took place in September. One session was conducted by the national body, ICVA, and the second was run internally. The internal session had input from current ICVs, a member of staff from the Commissioner s Office, and from an experienced Kent Police custody trainer. New recruits could also conduct a mock visit in the custody suite at Kent Police s Training School. New ICVs expressed a keen interest in visiting multiple stations across the county in the future. This gives the scheme a lot more flexibility and allows for more visits to take place to the stations. Out of the 18 ICVs we recruited, 4 ICVs will be visiting North Kent, 5 will be visiting West Kent and 9 will be visiting East Kent. This was a very successful recruitment process and the commitment and support from everyone involved is greatly appreciated. This includes the OKPCC, ICVA, the panel co-ordinators and the ICVs. We hope that each ICV has a long and successful appointment. Office of the Kent Police & Crime Commissioner 3

4 ICV Visits (April 2015 March 2016) Panel Custody No. of visits North Kent No. of DPs in Custody No. of DPs seen No. of DPs not seen No. of DP refusals Self Intro % DP take-up North Kent % Medway % Bluewater % West Maidstone % Kent Tonbridge % East Canterbury % Kent Margate % Folkestone % Longport N/A Total % An analysis of the figures shows that the success of the Scheme has remained stable over the past year. In the last report from April 2014 to March 2015, there were 222 visits to custody suites, with 749 detainees visited. This financial year, there have been 263 visits to custody suites and 786 detainees visited. This is positive news, as every extra detainee visited provides reassurance for that individual, and to the people of Kent that Police custody is functioning well. DP take-up rate in the last report was 97.1%; however it has now decreased to 95.52%. Nevertheless, the continuing use of self-introduction is helping to maintain an excellent take up rate. The East Kent ICVs have visited their stations less than those in North and West Kent, which prompted the decision to increase the number of visits to each station a month. Visits were increased from fortnightly to weekly in January. This is in line with North and West Kent practises and how East Kent used to operate until there was a significant drop in volunteers. After our recruitment drive, East Kent is at full capacity which has allowed for such a change. Office of the Kent Police & Crime Commissioner 4

5 Forensic Nurse Practitioners & Mental Health The Custody Healthcare Team has one head of department (who is also Head of Custody and Mental Health for Kent Police) and two managers, whose work is roughly divided into the East and West of the County. Kent Police currently has four teams of nurses: Canterbury covering Margate Folkestone covering Maidstone Medway North Kent covering Tonbridge Our establishment is 23 whole time equivalent (WTE). We currently have 25 nurses equating 23 WTE. We have 0.74hr of a post under establishment at this time. The NHS funding has been withdrawn from April 2017, with the 5 recent resignations we have had, we are at the correct establishment of 23 WTE. We are not looking to fill the additional NHS posts between now and April. Suite Number of detainees seen Canterbury 1,589 Folkestone 1,638 Maidstone 1,470 Medway 3,439 North Kent 2,150 Thanet 1,035 Tonbridge 885 Total 12,206 Community Psychiatric Nurses The CPNs cover Folkestone, Canterbury, Margate, Medway, North Kent, Maidstone and Tonbridge custody suites, from 8am-8pm 7 days a week, with the Crisis Team covering out of hours. They also cover Magistrates Courts four days a week. There are 14 CPNs in total. Of note, 21% of those assessed by the service have substance misuse as a complicating factor. Last year, the percentage was 80%. Total no. of referrals No. of assessments People waiting more than 16 hours for assessment 3,470 2,933 0 No. of MH Act assessments requested 57 Number of people seen who are existing clients 673 Number of people screened for LD 75 Number of people referred to LD team 1 Number of people assessed where substance misuse is a complicating factor 620 Office of the Kent Police & Crime Commissioner 5

6 Those signposted to non- MH services Data not available Complaints in Custody (Breach of PACE Code C) Finalisation method Number of allegations Upheld 20 Not upheld 42 Locally resolved 8 Withdrawn 8 Disapplied 5 Discontinued 0 TOTAL 83 Office of the Kent Police & Crime Commissioner 6

7 Issues for Each Area North Kent The most common issue at North Kent was that the microwave needed cleaning. ICVs noted an increase of awareness of access to toilet paper. ICVs were pleased with the assistance from staff during a busy time in August where a number of suspect illegal immigrants were being booked in. In September, the fourth right to have their embassy contacted was not noted down on two detainees custody records during one visit. This was resolved during the visit and staff were reminded by Inspector Matson of the need to note down the 4th right on the custody record. ICVs noted that a detainee was unable to access articles of faith during one visit. This was addressed one site and staff were reminded of the need to provide these articles and to report why there was a delay in them being given. The ICV Scheme Managers visited North Kent and reported back that a large selection of religious items are available and stored respectfully. ICVs also noted a number of facilities issues including paint peeling and faulty bedding. The Custody Sergeant assured ICVs that these issues have been raised with the facilities department. ICVs continued to note whether these issues had been resolved. ICVs aborted a visit to North Kent, as an Inspector had informed them that the suite was too busy to facilitate the visit. The Inspector denied ICVs access to the custody suite and ICVs understood his reasons. They terminated the visit via the intercom. This matter was bought to the attention of the North Kent Custody SPOC, who believes that this should not have happened, and also to the attention of Inspector Piddock, Central Custody Manager. ICVs have been asked to contribute suggested changes to the Policy and Protocol and this matter will be considered when those documents are revised Medway Medway Custody Suite was closed between 1st-22nd June for maintenance to take place. ICVs visited on the 24th June once the suite was re-opened. There was a Special Operation taking place in Kent at the time and Medway was the holding centre for people detained on suspicion of being illegal immigrants. During this visit, ICVs found that both floors of the suite were occupied. One floor was fully occupied with immigration detainees, however none were English speaking and there was no interpreter on site. No communication was made with these detainees. ICVs found that one detainee did not have their rights signed, another had their 30 minute visit missed and another had their second review missed, 9 hours after their first review. These omissions were acknowledged by the Custody Officer on duty and by Inspector Matson. In July, ICVs noted there were frequent occurrences where reviews were carried out later than required and there were a few delays in booking in or authorising detention. ICVs also noted shortage of towels and blankets and low stock of food. The ICVs were informed that a double order had been placed. ICVs noted that there was a broken tap in the nurses station and that the nurse required a pedal operated bin. The issue with the tap in the nurses room had not been reported to FM Vinci. This was looked at on 11/08/15. In respect of the issue of the nurses bin, this was discussed with PFI previously and the OKPCC been informed that there is no requirement for a bin with a pedal to be placed within the medical rooms, therefore a request for a new bin was declined. A visit on 3rd July prompted ICVs to question the 4th PACE right, which is that immigration detainees have the right to have their embassy contacted. There was confusion over who offers this right, as custody staff believed this was the responsibility of Immigration. The local SPOC, Inspector Matson, stated that these observations would be fed back to the Custody team. Office of the Kent Police & Crime Commissioner 7

8 ICVs noted that some mattresses for the cell beds were too big. This means they overhang which could cause a detainee to roll off the bed. This issue has been raised with the force who have advised mattresses have been replaced with the correct size. ICVs were made aware that a silica gel packet was found in the cell of a female in September. ICVs also witnessed custody staff opening a plimsoll bag and the gel packets falling out. ICVs believe this is where the gel was from and had concerns about the detainee obtaining the gel packet. This is a health and safety issue that the OKPCC have made the force aware of, as there can be complications if the gel packs are swallowed. Bluewater ICVs encountered an issue at Bluewater Custody Suite in April. ICVs were informed by a Police Constable that the custody suite was closed due to no Sergeants being on duty. ICVs proceeded with their checks and were greeted by a Chief Inspector. ICVs were told that turning up unannounced may not be best use of Police & ICVs time as it is very rare to see any DPs in the suite. This is due to them being moved to North Kent swiftly, where the facilities are better. ICVs attempted to visit Bluewater on the 19th May and 9th June The first visit was aborted at 1415hrs. It was explained to the ICVs that the suite was closed due to there being no detainees, nor there being a Custody Sergeant on duty. ICVs aborted the second visit at 1010hrs due to there being no staff on site. ICVs visited once more on the 26th June at 1016hrs. There were no detainees at the suite and ICVs were informed that the Custody Sergeant does not start his shift until 1100hrs, therefore there is no point in ICVs arriving before then. This is an on-going issue, as this is not a designated custody suite. The OKPCC received some data from Inspector Holmes, the SPOC for North Kent who explained the following; In 2014, there were 275 detained in Bluewater, with the earliest arriving at 1002 and the latest The vast majority arrive between 1300 and In 2015, there were 283 detained in Bluewater, with the earliest arriving at 1010 and the latest The vast majority arrive between 1300 and The OKPCC is continuing to monitor this issue, but ICV visits to Bluewater have reduced to no more than biweekly. Maidstone In June ICVs had concerns about a juvenile, as immigration and social services were slow to act. ICVs were later informed that social services were on their way. ICVs noted in July that a detainee had not been offered their rights on arrival due to their behaviour; however there was no subsequent offer to sign. The detainee was put on Level 2 reviews (30 minutes); however the detainee was visited at 1715hrs, 1800hrs and 1900hrs. The ICVs raised this with the Sergeant and this was raised immediately with the custody staff on duty. In October ICVs noted that a detainee had her hand/wrist in a cast. Upon checking the custody record, ICVs could not see mention of injury to the hand/wrist. The custody Sergeant commented at the end of the visit that ICVs would not have seen mention of this as it was in the medical records. The injury was only on RA2. Tonbridge ICVs noted that a new microwave was needed in May, which was then ordered. On the same visit, the CPN s arrival was delayed. Custody staff contacted nurse twice and informed ICVs of this. In June, Room 71 was out of use due to recorder not recording. The shoe scanner was also not working. In July, there were 5 immigration detainees at the station. The Sergeant stated that they should have gone to Dover. ICVs noted that these detainees had not been offered their 4th PACE right to have their embassy contacted. An circulated to custody staff from Moira Samways explained that custody staff are to offer detainees the right to have embassy contacted. Office of the Kent Police & Crime Commissioner 8

9 Throughout November cells 1,5,8,12 and 13 were inoperative due to defective video cameras. Canterbury In August ICVs noted that Cell 1 was damaged and needed urgent repair. A detainee kicked the door so hard that it caused the glass to smash. Sgt Bassant later confirmed that a replacement was ordered straight away and the door has now been repaired. Also in August, ICVs noted that the custody suite was desperately short staffed but the Sergeant and DDO were very helpful. No other significant issues were raised by ICVs. Folkestone On the 28th June, ICVs were advised not to visit a detainee due to them being violent. This detainee was awaiting a mental health bed and the custody staff were frustrated at the length of time it had taken. Staff explained that this detainee was refused at Dartford Police Station due to their violent nature. An update from Sgt Andy Pennock states; The detainee arrived at the custody suite at 02:05 hours on 27/06/15 and left custody on 29/06/15 at 23:16hrs escorted to the Littlebrook Hospital in Dartford. The Mental Health escalation procedure was instigated with regards to this DP as the local MH service was not able to immediately allocate secure accommodation and the time delay was not within acceptable time parameters. In August, ICVs noted that heating and air conditioning was not working, and that the conditions of the Exercise Yard were poor. ICVs were made aware that refurbishment of the suite has been delayed. ICVs also noted that a CCTV camera was not working on several occasions and this was raised at the panel meeting, held on 9th September The juvenile shower had been out of use since September due to leaking parts. ICVs reported that this was an issue until November In October Interview Room 3 was not in use due to the tape machine being broken. Margate In May, ICVs were impressed with the standards in the clothes and blanket stores. They stated that it was tidy and well stocked. It was noted that there was a leaking on/off button in the male shower which has been reported to facilities. This was fixed by June, but a new leak occurred. This was immediately reported to facilities. In June, ICVs noted that food temperature had not been checked since May. The Custody Sergeant ed DDOs following this issue being raised. ICVs also noted a shortage of sweat tops and trousers and the delivery was expected the next day. ICVs noted a shortage of antiseptic wipes for food probe, however it has been agreed that boiling water would be used to clean the probe. In July, ICVs queried how the direction of Mecca would be established should there be a Muslim detainee in custody. Sergeant Snedden stated that a compass was on order. ICVs noted that the female shower was not working on their visit in October as it could not be turned off. Sgt Snedden later explained that the female shower had finally been turned off. Office of the Kent Police & Crime Commissioner 9

10 County-Wide Issues Immigration Detainees ICVs came across a high number of immigration detainees held under PACE. This prompted concerns about their 4th right, to have their embassy contacted. ICVs have requested that the OKPCC raise this immediately with Kent Police to ensure that all officers and custody staff are aware of their duty to offer this 4th right to detainees. This request was sent to Debbie Wade, Head of Healthcare and Custody, so that she could approach this with the force. If a detainee is being held under IS91, this 4th right does not apply. IS91 is the authority to detain an individual. The Immigration Act gives power to immigration officers to authorise detention using an IS91 form to enable a decision to be made on whether to grant, refuse or cancel leave or to remove a person from the country. Juvenile Detention Following the HMIC/IP report, Inspectors raised the issue of juvenile accommodation and the lack of it in Kent. ICVs had a particular interest in this, as well as Kent Police and the OKPCC. The policies and protocols for transferring juveniles to custody had already been in place but there was no secure accommodation to go with the policy. The force, working in partnership with Kent County Council, have agreed a Local Authority Accommodation protocol to try to ensure that young children and people taken into police custody and who have been charged, can be moved to local authority accommodation instead of spending a night in cells. Stop and Search Scheme The request for a Stop and Search Scheme comes from the Home Office Best Use of Stop and Search. This includes an expectation that; Forces will provide opportunities for members of the public to accompany police officers on patrol when they might deploy stop and search powers. The OKPCC has been working with Inspector Ian Sandwell to create a policy and procedure to get the Stop & Search Scheme in place. Insp Sandwell conducted a short training presentation at the last two panel meetings. Independent Police Observers (IPOs) will be sitting inside police vehicles one at a time to observe Kent Police officers in carrying out Stop & Search. The first test observation took place on 12th December 2015 and the scheme officially went live in January Office of the Kent Police & Crime Commissioner 10

11 Healthcare Questionnaire In July 2014, the ICV Scheme worked with Head of Healthcare and Custody, Debbie Wade, to help produce and launch a healthcare questionnaire that can be used to gain information from Detainees on their experiences with the healthcare in custody. ICVs were asked to use the questionnaire once per visit with one Detainee at random. This information is collated by the OKPCC and then fed back to Debbie so she can gain an idea on how Detainees feel about their medical treatment during their detention. The aim is to help improve healthcare for detainees. Below are the results* from the questionnaire from April 2015 until March *Please note that due to some answers on the questionnaire not being completed, some of the below data may not appear to add up. Apr May Jun July Aug Sept Oct Nov Dec Jan Feb Mar Tot. Gender Has DP needed to see nurse? If Yes, have you been able to see the nurse? If no are you aware that you can see the nurse if you need to? How was the treatment on a scale of 1-10 (Average from the month) Male Female Yes No Yes No Aware Unaware Average Office of the Kent Police & Crime Commissioner 11

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