Source · IAPDC

Workstream paper on Article 2-compliant investigations

Published: 11 May 2011 Sector: Cross-cutting Type: Guidance Recommendations: 8 No formal response recorded

Index summary

Early workstream paper examining whether investigations into deaths in custody and detention meet the Article 2 ECHR standard of independence and effectiveness. Contains 8 recommendations on investigation quality, oversight and research.

Original evidence

Recommendations

8 items
Recommendation 1 · Link to recommendation

Addressed to: Not recorded · Open

Recommendation · source text

Research should be undertaken to review the quality of independent investigations carried out by Strategic Health Authorities.

No response text is recorded for this recommendation.

Recommendation 2 · Link to recommendation

Addressed to: National Patient Safety Agency · Open

Recommendation · source text

National Patient Safety Agency (NPSA) good practice guidance on the ‘Independent Investigation of Serious Patient Safety Incidents in Mental Health’ should be re-written when the future governance of NPSA’s functions has been decided to address the shortcomings addressed by the Panel and to ensure consistent application by all Trusts.

No response text is recorded for this recommendation.

Recommendation 3 · Link to recommendation

Addressed to: NHS Commissioning Board · Open

Recommendation · source text

Those responsible in the new NHS Commissioning Board should produce adequate guidance to clarify when independent investigations into deaths of detained patients should be triggered; to ensure the person commissioned to conduct the investigation is independent of the provider; and to ensure that all the Article 2 requirements are met.

No response text is recorded for this recommendation.

Recommendation 4 · Link to recommendation

Addressed to: Care Quality Commission · Open

Recommendation · source text

The Care Quality Commission should devise a specific, discrete role in relation to reviewing deaths of detained patients and consider whether it can undertake and/or commission investigations. It should report back to the Ministerial Board on progress.

No response text is recorded for this recommendation.

Recommendation 5 · Link to recommendation

Addressed to: Prisons and Probation Ombudsman · Open

Recommendation · source text

The PPO should follow up the analysis conducted in 2009 of clinical reviews, in conjunction with the IAP, to examine the effect of shared governance on quality; timeliness and independence of clinical reviews, six months after implementation, and regularly thereafter. They should share findings of these analyses with the IAP to review progress.

No response text is recorded for this recommendation.

Recommendation 6 · Link to recommendation

Addressed to: Ministry of Justice · Open

Recommendation · source text

The PPO should be placed on a statutory footing to ensure independence from the Ministry of Justice.

No response text is recorded for this recommendation.

Recommendation 7 · Link to recommendation

Addressed to: Prisons and Probation Ombudsman · Open

Recommendation · source text

All deaths in Secure Children’s Homes should be investigated by the PPO.

No response text is recorded for this recommendation.

Recommendation 8 · Link to recommendation

Addressed to: Ministry of Justice · Open

Recommendation · source text

The model for providing standard-setting, guidance and oversight for Coroners should focus on deaths in custody to consider, monitor and ensure improvement in relation to the following:  Delays  Disclosure/access to documents  Family participation  Public funding for family legal representation  Resources for Coroners

No response text is recorded for this recommendation.

Report details

Published
11 May 2011
Sector
Cross-cutting
Type
Guidance

Status breakdown

Open 8

Addressees

National Patient Safety Agency1
NHS Commissioning Board1
Care Quality Commission1
Prisons and Probation Ombudsman2
Ministry of Justice2

Source links