Managing behaviour

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• There is an effective multidisciplinary strategy to reduce violence and antisocial behaviour which considers the specific needs of minority groups.
• Incidents or allegations of victimisation, violence and other antisocial behaviour are thoroughly investigated to understand the causes and action is taken when required.
• Data on disorder and violence against detainees and staff are regularly analysed and used to inform strategy.
• Staff promote positive and supportive relationships, identify and challenge problematic behaviour and model pro-social behaviour.
• Mediation is used appropriately to help resolve disputes.
• Vulnerable detainees are protected and do not live in the same room as perpetrators of violence.
• Staff identify detainees who do not engage in daily life and provide support to promote positive relationships, well-being and participation in the regime.
• Perpetrators of violence and antisocial behaviour receive support to change their behaviour.
• Approaches to managing behaviour consider the complex needs of detainees and their individual care and support plans.
• Detainees are protected from extremist ideologies.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• The establishment has a clear strategy for encouraging good behaviour which motivates detainees to contribute to their community, sets out what is expected of them and explains what they can achieve if they behave well.
• Behaviour management schemes reward good behaviour and motivate detainees to participate in their own progression.
• Staff support detainees to change their behaviour, giving them advice and opportunities to behave well.
• Detainees are actively involved in developing and reviewing behaviour management schemes.
• Behaviour is reviewed regularly. Detainees can participate in reviews and demonstrate their progress.
• Decisions to remove detainees’ privileges are well communicated and clearly evidenced. These decisions are reviewed at the earliest opportunity.
• Decisions made about detainees’ progress are quality assured.
• Detainees know they can appeal against behaviour management scheme decisions and are helped to do so.
• The establishment’s approach to encouraging good behaviour is proportionate, takes account of individual needs and is applied fairly and consistently to all detainees.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Wherever possible, antisocial behaviour is challenged effectively without the use of formal disciplinary procedures, which are only used as a last resort.
• Detainees who lack capacity to obey the rules because of mental illness or disability are not adjudicated.
• No unofficial or collective punishments are used.
• Detainees understand the charges they face and have time to prepare for a hearing.
• Hearings are conducted in non-intimidating surroundings.
• Detainees are routinely offered legal advice and given enough time to seek it.
• Hearings include multidisciplinary input from those who are supporting detainees to help explain their behaviour and make sure punishments do not interfere with rehabilitative work.
• Findings, punishments and the appeals process are clearly explained to detainees.
• The Commandant conducts adjudications regularly and routinely checks the quality of a proportion of adjudications conducted by others.
• Adjudication data is monitored and any emerging patterns are identified and acted on.
• Adjudications are conducted promptly in non-intimidating surroundings.

Use of force

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• All staff are trained in and use effective de-escalation techniques.
• Where force is used, staff only use approved techniques in line with their training.
• Staff are aware of the risks associated with particular forms of restraint and how these risks can be minimised.
• Detainees with challenging behaviour have care plans which highlight risk factors and set out other ways of managing them which reduce the likelihood of restraint techniques becoming necessary.
• A use of force plan is in place for all detainees with a medical condition who may be adversely affected by restraint. All staff are aware of the information in the plan and use it during restraint.
• Only age-appropriate and approved restraint techniques are used for children.
• Decisions to use personal protective equipment (PPE) are proportionate to the risks posed and are reviewed regularly by a senior manager.
• Mechanical restraints are used by staff as a last resort and for the shortest possible period.
• Health care staff are present whenever use of force is planned and give appropriate information to staff.
• Planned use of force is properly authorised and filmed.
• Force is not used against pregnant women unless it is to prevent harm.
• When force is used, detainees are examined promptly afterwards by an appropriately qualified health care professional.
• After a use of force incident, detainees have an opportunity to talk to staff about what happened to help prevent recurrence.
• All staff involved in the use of force against a detainee complete individual use of force statements promptly, which clearly explain what happened and why force was used.
• Use of force documentation and associated CCTV or video footage is retained appropriately and is subject to robust quality assurance to make sure any force used is necessary and proportionate and to identify and address any learning.
• Use of force data is monitored and any emerging patterns are identified and acted on.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Special or unfurnished accommodation, mechanical restraints or anti-rip clothing are properly authorised by a senior manager and only used for the shortest possible period.
• The use of any cell/room from which normal furniture, bedding or sanitation has been removed or in which a person is held in anti-rip clothing is authorised and recorded as a use of special or unfurnished accommodation.
• Detainees are not strip-searched or deprived of their normal clothing in special or unfurnished accommodation unless there is sufficient specific intelligence and proper authorisation. Detainees are never required to squat for searching.
• Detainees with severe mental illness and detainees at risk of suicide or self-harm are not held in special or unfurnished accommodation except in clearly documented, exceptional circumstances, on the authority of the Commandant and in consultation with health care staff.
• Monitoring of detainees in special or unfurnished accommodation is carried out at frequent and irregular intervals.
• Staff encourage detainees to return to their normal room at the earliest opportunity.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Detainees are not segregated except as a last resort, for as short a time as possible and subject to proper authorisation.
• Children, detainees with severe mental illness and detainees at risk of suicide or self-harm are not segregated except in clearly documented exceptional circumstances on the authority of the Commandant.
• Children and vulnerable adults are never segregated as a punishment.
• Detainees are informed of the reasons for their segregation in a format and language they understand.
• A multidisciplinary staff group monitors detainees held in segregation to make sure they are held there as a last resort and for the shortest possible time.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• There is a clear focus on meeting individual need and providing care and support for segregated detainees.
• Health staff promptly assess any detainee who is segregated and contribute to their care plan.
• Segregated detainees’ mental health is closely monitored and they receive the support they need.
• Detainees are never subjected to a regime which amounts to solitary confinement (see Appendix II, note v).
• Detainees have meaningful conversations with a range of staff every day, including the opportunity to speak in confidence with a senior manager, a health care professional and the chaplain.
• Segregated detainees are told that they can speak to an independent visitor and any request is promptly facilitated.
• Staff are vigilant in detecting signs of decline in mental health, mitigate the social isolation inherent in segregation and actively seek alternative locations.
• Reviews are held regularly, are multidisciplinary and detainees are encouraged to attend.
• Staff are appropriately trained and supported to deliver segregation.
• Systems are in place to understand and address the behaviour leading to segregation.
• Segregated detainees are only strip-searched when there are evidenced or justified security concerns. Strip-searching is appropriately authorised with a written record of the justification and authorisation. It is carried out in private by more than one member of staff. Staff conducting the search are the same sex as the detainee. Children are only ever strip-searched in the presence of an appropriate adult.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• The regime for a segregated detainee is tailored to their individual need. Detainees know what to expect and they have the opportunity to use the telephone and take a shower every day.
• Detainees have at least one hour of outside exercise every day.
• Detainees subject to long-term segregation have a care plan and are encouraged and supported to associate with others and return to living in normal accommodation.
• Detainees are provided with extra care and support after a period of isolation to help prevent future episodes.
• Detainees have appropriate activities to occupy and stimulate them in their cells.
• Subject to risk assessment, detainees can access the same facilities and privileges as elsewhere in the establishment, including regime activities and peer supporters.
• Detainees have access to outside exercise and other activities together, subject to appropriate risk assessment.