There is a strategic focus on custody, including the care and treatment of all those detained, during escort and at the service custody facilities, to ensure the well-being of detainees.

Leadership

1. There is effective leadership by the License Holder of the Service Custody Facilities which promotes the safe and respectful delivery of service custody.

(See Appendix II, note i.)

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 management structure that ensures appropriate governance and oversight of service custody.
  • Policies and procedures for the whole custody process are in place, fully implemented and reviewed regularly to ensure appropriate care and treatment of detainees and compliance with legislation and relevant human rights standards. Policies and procedures are accessible, and staff understand them.
  • There is a strong strategic focus on safeguarding children (for definition of children see Appendix II, note ii) and vulnerable adults. Custody staff are trained to recognise safeguarding issues. They understand the need to safeguard and promote the welfare of children and vulnerable adults (see Appendix II, note iii) and are supported to do so.
  • There are sufficient resources and adequate staffing levels to ensure the safety and well-being of detainees. Custody facilities are staffed with personnel who have the right knowledge and skills to meet the needs of detainees.
  • There is a clear whistleblowing procedure in place and all staff know how to raise concerns.

Accountability

2. Performance management data supports the safe delivery of service custody. There is effective external scrutiny to protect the well-being of detainees.

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

  • Accurate data (for example custody throughput, demographics, adverse incidents, use of force and complaints) are routinely collated and analysed to identify issues. They are used to inform organisational learning and to improve outcomes for detainees.
  • Quality assurance processes promote the safe and respectful treatment of detainees and continued professional development of staff.
  • There are effective processes in place to learn from adverse incidents and to identify and share good practice within and across Service Custody Facilities.
  • Issues and complaints raised by independent visitors are responded to promptly. This includes dealing with immediate concerns and issues raised during visits.
  • Feedback from independent visitors is used to improve outcomes for detainees and there are regular and formal opportunities for the visitors to raise issues with the License Holder and Provost Marshal.
  • The License Holder reports routinely to the Inspector of Service Custody Premises and Service Custody Licensing Authority. Reports include relevant management information and data including the use of force and equality and diversity information.

Human rights standards

In relation to expectations 1 and 2, human rights standards require that all places of detention are managed to ensure the well-being of detainees and that detention is prescribed by law. Vulnerable detainees must be identified and safeguarded and managers must make sure that all staff have the requisite knowledge, aptitude and skills to perform their duties and to meet the needs of different individuals. Policy and practice should ensure that staff and detainees are able and encouraged to raise concerns about safety or care at any time. A child (any person under the age of 18 years) must be treated as vulnerable by reason of age and their best interests must be a primary consideration. See ECHR 2, 3, 5; ICCPR 9, 10; ICESCR 12(1); CERD 2, 5; CAT 11; CEDAW 2, 4; CRPD 14; OPCAT 19–22; CRC 3, 19, 33–37, 40; BOP 1, 2–9, 29; SMR 1, 75–77, 83–85; EPR 76, 81, 83; HR 17, 18, 72, 75, 82, 84, 85, 87; ERJO 108, 109, 121, 125, 126, 129, 130; BR 30, 33. See also CM/Rec(2010)4 20.