Judy Laing, Professor of Mental Health Law, Rights and Policy at the University of Bristol’s Law School, along with Rachel Murray, Professor of International Human Rights Law and Director of the Human Rights Implementation Centre (HRIC) at the University of Bristol, and Dr Debra Long, Research Fellow at the University of Bristol Law School, put together a proposal to investigate the safeguards in place for those deprived of their liberty during the COVID pandemic.
In August 2020, a Rapid Research Call (COVID-19) grant from the Elizabeth Blackwell Institute allowed Professor Laing’s team to begin investigating the issues, and follow-on work was undertaken in March 2021 with the help of a grant from the Quality Related Strategic Priorities Fund.
Initially, the project involved a scoping exercise to examine the impact of the COVID-19 pandemic on the conditions of detention and the treatment of detainees in the UK.
Aims and changes
The aim of this was threefold: to review the guidance for places of detention in response to COVID-19 (for both visitors and inmates); to identify effective changes in practice and procedure, and finally to determine research questions for stakeholders. The exercise took the form of a literature review of UK Government guidance for detention settings, guidance from UK NPM (National Preventative Mechanism) bodies and governance structures as well as guidance from international organisations such as the World Health Organisation (WHO), the United Nations Subcommittee on Prevention of Torture (SPT) and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).
But why was this necessary? Professor Laing explained: “The WHO has acknowledged that detainees are more vulnerable to infection with COVID-19 and may act as sources of infection within and beyond detention.”
The UK NPM conducts independent oversight of detention settings, to ensure the physical/mental well-being of detainees is in line with the UN Convention Against Torture. It is comprised of 21 independent bodies from multi-disciplinary backgrounds designated by the UK government.
Professor Laing continued: “We aimed to identify current challenges and good practice for the UK NPM to monitor the treatment and well-being of detainees in places such as prisons, police stations and immigration detention centres in response to COVID-19. We also aimed to inform policy and practice of visiting bodies and the Government, to ensure the well-being and humane treatment of detainees; and to define research questions for a larger external funding proposal to examine the longer- term impact of COVID-19 on detention contexts and guidance issued for visiting bodies.”
Consultations
After the scoping exercise, the team consulted with stakeholders, and prepared a report on good practice, identifying changes in policy and practice for people visiting prisoners, and research questions to inform future projects.
The team then held a virtual round table in October 2020, hosted by the Human Rights Implementation Centre and the UK National Preventive Mechanism and key representatives from the UK NPM lay visitor bodies.
“The aim was to discuss the impact of COVID-19 on monitoring detention and detainee well-being,” said Professor Laing. “We identified key challenges and concerns, as well as adaptations to monitoring methodology and examples of good practice, and we discussed the implications for monitors and detainees.”
Special report
The desk-top reviews and workshop led to the compilation of a table including details on adaptations to methodology of NPM members and identifying examples of good practice for wider dissemination; this information informed a NPM annual report on monitoring in detention during COVID-19, which was published in January 2021.
The team found that many UK NPM members adapted their monitoring methodologies during the pandemic to enable remote monitoring due to the visiting restrictions. They also attempted to carry out shorter on-site visits and placed more reliance on data from a wider range of sources, including from non-governmental organisations and advocacy groups. Examples of good practice included the establishment of a free helpline to enable detainees to raise concerns or complaints about their treatment or conditions directly with members of the UK NPM; using video conferencing on mobile phones to conduct virtual visits; making unannounced phone calls to request specific information about detainees and to monitor their treatment; and the creation of online hubs where UK NPM members could share ideas, information and resources on remote monitoring.
In addition, the research identified that the Government and staff in charge of places of detention also made important decisions and changes in policy and practice, which enabled some of the NPM members to continue to monitor during the pandemic. This included designating members of the UK NPM as ‘key workers’ to permit them to travel during lockdown and enabling inspection teams to have access to internal records and/or meetings for the first-time. These changes helped some members of the UK NPM to continue to conduct in-person visits and engage with those in charge of places of detention. It also broadened their sources of data to inform their visiting mandate and recommendations.
The findings of this research also formed the basis of a written submission and oral evidence provided to the Joint Committee for Human Rights’ inquiry into protecting human rights in care settings. These submissions highlighted the many challenges faced by independent bodies to monitor care homes during the pandemic and the consequent negative impact that had on the rights of persons in care homes. Professor Laing was invited to give oral evidence to the Committee on behalf of the HRIC in February 2022 as part of this inquiry.