Source · IOPC Learning Case

Recommendation - Merseyside Police, November 2019

Merseyside Police Ref: 2018/098303 Recommended 21 Nov 2019 Response due 16 Jan 2020

Custody and detention Death and serious injury

The recommendation below arises from a Death or Serious Injury review by one of ourCaseworkManagers of a policeinvestigationinto the circumstances in which a detainee became injured. The detainee self-harmed in custody by banging his head against his cell wall. He was placed in an 'observation room' to await transfer to hosputal for treatment. While in the observation room, he was able to reach and smash a light fitting, then use the debris to self-harm further.

View on IOPC website ↗

Recommendations

1 total

Recommendation 1

The IOPC recommends that what the force refers to as ‘observation rooms’ are brought up to the same health & safety standards as cells, wherever possible. This recommendation comes as a result of a DSI investigation carried out by Merseyside Police in which a high-risk detainee was able to self-harm while detained within an observation room. We acknowledge the force has already made significant alterations to these rooms, specifically to the light fittings, in order to prevent a similar incident occurring in future. This is a positive step. However, the force’s own Health & Safety Unit found that “the room in question is an observation room for detainee’s [sic]. This is not a cell and not subject to the same rigorous guidance that the cells are”. While we appreciate that observation rooms are not cells, it is notable that they are regularly used to hold high-risk and juvenile detainees. Accordingly, as above, we consider that they should be brought up to the same health & safety standards as cells, wherever possible. Do you accept the recommendation? Yes

Addressed to: Merseyside Police

Linked bodies: Merseyside Police

Accepted

Force response

Accepted action: We accept this recommendation however, due to structural constraints of the existing estate an upgrade to full ‘cell specification’ would not currently be possible (unable to raise the roof height). However, this will be considered as part of any ‘new build’ design in the future and the below actions have been taken to ensure that the observation rooms are improved. With reference to high-risk detainees (including high-risk juveniles) they are not held in observations rooms, unless there is a temporary need to do so and they are directly observed by the officer undertaking Level 4 observation duties who can immediately intervene. This allows custody professionals and appropriate adults to be able to work away from the cell complex where the detainee’s individual needs may be best met whilst maximising detainee safety under the direct observance of the Custody Officers. Ordinarily by default such high-risk detainees will be held in cells or detention rooms and will be monitored as per Level 4 observations. This is subject to constant review as per the risk assessment and care plan which the Custody Officer is responsible for. Considerable work has been undertaken to further train Custody Officers around the use of care plans and observation levels along with the introduction of a Q&A process. The introduction of Level 3 CCTV observation capability within the custody estate will provide additional options for Custody Officers to consider. As IOPC are already aware, Merseyside Police has already upgraded the observation rooms across the custody estate. Upgrades include the repositioning and sealing of the light fittings and the fitting to an anti-vandal specification unit, ceiling grids have been installed and anti-pick mastic used to seal benches and fittings within the rooms. The rooms are checked for serviceability as part of the building maintenance plan and are covered by CCTV. Detainees are visible to the Custody Officer and are in close proximity to the Charge Desk.