Good practice observed:
The report identified pockets of good practice in all detention contexts. Examples
included units where individuals were able to engage in varied activities, if
in separation from others; units where individuals were provided with good
information on daily routines and expectations; good multidisciplinary work and
family involvement in individual care plans; individualised work to address the
needs of the detained person, including work on the events which led to their
seclusion or segregation, and; staff being up to date with their training.
Key recommendations:
• The use of seclusion, segregation and all forms of restraints should be
significantly reduced, and reserved for the most extreme of cases, and then
used only for a very short time.
• Decisions to use seclusion or restraint should be based on an individualised
and proportionate risk-needs based approach, and be regularly and
substantively reviewed.
• Inherently degrading forms of restraint, in particular restraint beds and
restraint chairs, should be abolished altogether.
• Minimum standards for the provision of decent living conditions and essential
provisions as set out in human rights instruments must always be met.
Specifically, cells and rooms must be of a reasonable size, clean, safe, well
ventilated, well lit and temperature controlled. Basic requirements regarding
access to fresh air and exercise, food and drinking water must always be
adhered to across all detention contexts.
• All cells/rooms must be equipped with a means of attracting the attention of
staff, and these must be regularly checked to ensure that they are in good
working order.
• Facilities which were found not to be fit for purpose, including the so-called
‘pound’ punishment blocks in prisons and Wellington police custody suite
should be decommissioned as soon as practicable.
• Data on the use of seclusion/segregation/secure care units and the application
of restraints should be recorded more fully and analysed for trends and
protected characteristics such as age, gender and ethnic origin. The apparent
overrepresentation of ethnic minorities, in particular Mäori, in seclusion
and segregation units in prisons and in health and disability units, and in
the application of restraints should be investigated further as a matter of
urgency. The higher use of segregation with women in prisons should also be
investigated.
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