The Segregation Review Board / Juvenile Segregation Review Board form must be completed and signed by the operational manager.
If an Independent Monitoring Board member was present as an observer during the Board they must also sign the form and indicate whether or not they agreed with the decision reached by the Board in that individual case.
o Establishments decide
who the most appropriate person is to chair the Review Boards and whether the
role should be rotated around all operational manager grades. In the interests
of fairness and impartiality it is not advisable to have only one manager
chairing all Review Boards.
o The initial
Segregation Review Board for a prisoner is held within the first 72 hours of a
prisoner being placed in segregation. This first Board should comprise of at
least a chairperson and a healthcare representative.
o Segregation Review
Boards are held at a frequency to be decided locally (with the agreement of the
Area Manager) – however, the minimum frequency is every 14 days. The Board
should comprise of the following people:
§
Chairperson (mandatory)
§
Healthcare representative (mandatory)
§
Segregation personal officer
§
Chaplain
§
Psychologist
§
Prisoner (for at least part of the Board)
o A member of the
Independent Monitoring Board should be present at the Segregation Review Boards
whenever possible. They should be present in an observational capacity only.
The IMB member is not to be involved in the management decision. However, once
a decision has been reached by the Review Board it is good practice for the
chairperson to ask the IMB member to comment on the decision that has been
reached and whether they are likely to raise an objection to it. (The prisoner
would not normally be present during this stage of the proceedings). The
chairperson will then make a final decision on the matter.
2.
What the Review Board should consider
The Board will consider whether to authorise continuation of segregation under Prison Rule 45 (YOI Rule 49). The Board should look at:
o The initial reason(s) for segregation
The initial reason for the prisoner being segregated is an important element of defining what behaviour / attitudes need to be addressed before the prisoner may return to normal accommodation.
o Behaviour and attitude
of the prisoner since the last review
At the previous review the prisoner should have been set certain behaviour / attitude targets in order to start to work towards returning to normal accommodation. The extent to which the prisoner has met these targets should be discussed in this section.
o Any concerns that may have come to light about how the prisoner is coping with segregation (mental health / self harm concerns)
This section is to specifically highlight the fact that research indicates that a person’s mental health is very likely to decline when they are kept in segregation. The Board must consider any observations or concerns raised by a member of staff or the prisoner about their ability to cope in segregation. The Segregation Review Board must consider additional steps to safeguard the mental health of prisoners whilst in segregation.
Particular care should be given to authorising continued segregation of a prisoner on an open F2052SH – continued segregation should occur only in exceptional circumstances and a F2052SH case review must take place at the same time as the Segregation Review Board. If a prisoner needs to be segregated from others, but is considered to be at a high risk of suicide then the Board should decide whether to locate the prisoner in healthcare / detail a member of the healthcare team to be based in the segregation unit.
o What the prisoner needs to demonstrate in order to be considered for a return to normal location or alternative accommodation (eg. Vulnerable Prisoner Unit)
The prisoner should be set some targets that the Board feels will start to demonstrate a willingness and ability to change the behaviour that led to segregation in the first place.
The targets are:
·
reasonable (not beyond the grasp or understanding of the ‘average’
prisoner)
·
specific (clearly defined)
·
relevant (to the reason for segregation in the first place)
·
time bound (be able to be completed before the next Review Board)
For example: If the prisoner is in segregation for repeatedly losing their temper and shouting / threatening staff and other prisoners then behaviour targets may be:
Intervention targets may be:
The Board may feel that targets set for a particular week / specified time period may need to be repeated several times before the Board will believe that a real change / willingness to change has been demonstrated by the prisoner. Willingness to comply with the targets set however, should lead to improved regime / privileges being offered to the prisoner.
o Privileges or incentives to be awarded or removed
The Segregation Review Board assesses the extent to which the prisoner has met or been willing to meet some / all of the targets set at the last Review Board. The Board decides whether to award any improvements to the regime & privileges that the prisoner is currently offered. These may be granted either as rewards or incentives to encourage better behaviour.
The Review Board may feel that the prisoner has failed to meet or make any effort to meet the targets set at the last meeting. In this case, the Board may decide to remove privileges or elements of the segregation regime that the prisoner currently has.
Examples of things that may be used as rewards / incentives are in-cell TV sets, radio / CD players on loan, attending the gym, having ‘mini’ association periods with other prisoners in the segregation unit, in-cell hobbies.
o Transfer to another establishment
The Segregation Review Board should consider whether they think that the prisoner needs to be transferred to another establishment. This may be inevitable if the prisoner has become so disruptive / dangerous/ notorious that they will be unable to return to normal location in their current establishment or if they have been unwilling to make any progress whilst in segregation.
Prisoners are normally be told if they are being considered for transfer to another establishment (except Category A and E list prisoners).
If a transfer is to take place then a copy of the Segregation Review Board notes is sent in advance of the transfer to the Head of Custody at the receiving prison.
1.
Decision of the Segregation Review Board
The Review Board decides, after considering all of the factors detailed in section 2, whether or not to authorise segregation to continue for a certain period of time (up to the maximum of 14 days).
The operational manager chairing the Board has the final authority as to whether to authorise continuation of segregation under Rule 45 (YOI Rule 49) and must sign the relevant part of the form Segregation Review Board – Governor’s Continued Authority for Segregation / Juvenile Segregation Review Board.
The role of the representative of the Independent Monitoring Board is to monitor and oversee the decision making process and to be satisfied that the laid down procedures have been followed and that a reasonable decision has been reached by the Review Board. The Independent Monitoring Board member who is present will sign the relevant part of the form Segregation Review Board – Governor’s Continued Authority for Segregation / Juvenile Segregation Review Board to indicate that they were present at the Review Board and whether or not they agree with the decision reached by the Board. If the representative does not agree with the decision of the Review Board and has been unable to resolve the matter satisfactorily with the operational manager chairing the Board then they should follow the procedures for IMB objection to continued segregation.
If the decision of the Review Board is that the prisoner does not need to be segregated any longer then the Board decides whether to:
There is no direct right of appeal against the decision of the Segregation Review Board. The Independent Monitoring Board member is there as an observer. If the prisoner wishes to complain he/she must do so in the first instance via the laid down Complaint And Request Procedures.
2.
Paperwork the Segregation Review Board must complete
a. The form Segregation
Review Board – Governor’s Continued Authority for
Segregation / Juvenile Segregation Review Board will be
completed by the Board and provides a record of the Board meeting and what was
discussed and decided. This document is signed by an operational manager for
continued segregation to be authorised.
b. The member of the
Independent Monitoring Board (where present) signs the Review Board form to
demonstrate their attendance as an observer. The IMB member should also note
their agreement or otherwise to the Review Board outcome on form Segregation
Review Board – Governor’s Continued Authority for Segregation
/ Juvenile
Segregation Review Board.
c.
The form Segregation
Privileges and Behaviour Targets / Juvenile Segregation Rewards and Behaviour
Targets is completed by the Board and a copy given to the prisoner.
This form tells the prisoner what regime / privileges they will have access to
whilst in segregation, the date of the next Review Board and the targets that
the Board have set for the intervening period.
d.
A self harm / suicide case review will be completed on all
prisoners who are on an open F2052SH at the time of the Segregation Review
Board.