H7
Consideration should also be given to the amendment of sections 7.1 and 7.2 of the
Ministry’s Seclusion Guidelines (52) which may result in the unintended consequence
of prolonging stays in seclusion and reducing time out of room. The requirement in
Section 7.1 for three clinicians to authorise the termination of seclusion may lead to
a delay in such termination due to lack of appropriate staff, whereas the stipulation
in section 7.2 that where the patient has been out of seclusion for longer than an
hour their seclusion would be deemed to have ended, may inadvertently lead to staff
reluctance to allow secluded patients spend longer than an hour outside their rooms,
because doing so would trigger a new seclusion event with its associated paperwork.
Fresh air, exercise and engagement with staff are key elements in mitigating the
adverse effects of solitary confinement and as such should be encouraged, for as long
as possible. The guidelines should reiterate that this is the case.
H8
More work should be carried out to better understand the variation in practice
between the different DHBs.
Department of Corrections: 2017 recommendations
C1
Individual prisons and the Department more widely need to ensure that At Risk units
are not merely another form of segregation. Prisoners in these units should be offered
some form of a daily regime, and health staff should be more involved with prisoners in
the units, and work with them to address the issues which resulted in their placement
at the unit.
C2
Efforts to prevent self harm should include assurance that cells are safe and free of
ligature points. We observed unsafe cells with broken fittings which could be used for
self harm and potential ligature points in At Risk units. This was unacceptable. As well
as ensuring that the physical environment is safe, efforts should also include offering
those considered to be at risk an individualised programme of treatment and support.
C3
The Corrections Act allows for basic regime provisions, for example education, visits,
and telephone calls, to be denied to people serving a disciplinary punishment. This runs
contrary to international human rights law and should be amended. Basic provisions
must always be provided.
C4
In my view, restraint beds are inherently degrading, and there is no justification
for their continued use in prison settings. This extreme form of restraint should be
removed from the menu of options available in prisons, just as it has been in health and
disability settings.
C5
Mental health staff should engage more closely with segregated prisoners, and ensure
that these prisoners are closely monitored for signs of deterioration (cf. Mandela Rule
46, requiring health staff to pay particular attention to the health needs of segregated
prisoners).
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