This section covers:
(a) Initial Segregation of Prisoners
(b)
Continuing Segregation (Under Prison Rule 45 / YOI Rule 49)
(c)
Completion
of segregation or transfer
to another establishment / Vulnerable
Prisoner Unit
a.
Initial Segregation
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Outcome: A decision to segregate a prisoner is taken by an operational manager (grade F or above), having regard to the individual circumstances of the prisoner concerned. The safety of the prisoner whilst in segregation is of paramount importance. |
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Click on the relevant Prison / YOI Rule that the prisoner will be
held under in order to see the specific procedures to be followed and the forms
which are completed to authorise segregation:
1. Under Prison Rule 45 (YOI Rule 49) – Good Order Or
Discipline
2.
Under Prison Rule
45 (YOI Rule 49) – Own protection
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Prisoners on an open F2052SH should only remain in segregation in
exceptional circumstances. A self harm case review takes place that same day
whenever possible (up to a maximum of 24 hours). A Safer Cell is used to
accommodate a prisoner on an open F2052SH whenever possible. The use of overt CCTV
should
also be considered.
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In all cases where the prisoner is a young offender or juvenile a
separate assessment must be made to identify the regime activities (eg. PE,
education, work and training) in which they can participate safely with others.
This assessment will be carried out before the first Segregation Review Board
and should be reviewed at each Board.
In July 2003 the High Court held that it is not lawful to deny access to
regime activities while a juvenile is held in a segregation unit.
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The operational manager who authorises segregation is not below
operational manager F (or the controller / deputy controller in a privately
managed prison). A person who is acting up / temporarily promoted to grade F is
able to give authority to initially segregate a prisoner. In a contracted
prison the Director or an operational senior manager, having decided that
segregation is appropriate and safe, must seek the authority of a Home Office
Controller before segregation is undertaken or, in urgent circumstances, as
soon as possible afterwards.
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If the operational manager / controller is not in the
establishment (eg. at night) he or she may give verbal authority for segregation
over the telephone after having had the opportunity to consider the Safety
Algorithm recommendation and views of staff. This is noted on form Governor’s Authority for initial segregation up to 72
hours.
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Measures are put in place to safeguard the mental
health of prisoners who are kept in segregation.
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The period of initial segregation under Prison Rule 45 (YOI 49)
(ie. without a Review Board) is for a maximum of 72 hours.
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All prisoners who are to remain in segregation have a Segregation History Sheet opened. This history
sheet is kept up to date.
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Outcome: All relevant people are told about the segregation of the prisoner as soon as is practicable. |
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The Healthcare Centre is informed that a prisoner is in
segregation within 30 minutes of being located in the unit. The Initial
Segregation Safety Screen is completed within 2 hours.
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If the Initial Segregation Safety Screen cannot be completed
within 2 hours of the prisoner being placed in the segregation unit because no
registered nurse or doctor is on duty then:
§
Prisoners on an open F2052SH must continue to be observed at not
less than intermittent supervision (at least 5 times an hour at irregular
intervals) or as stipulated in the Support Plan if that is greater
§
Other prisoners must be observed every 30 minutes
Until the Initial Segregation Safety Screen can be completed.
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The Independent Monitoring Board is informed within 24 hours (and
informed of the date / time of the first Review Board meeting).
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When authorising segregation for a person aged under 18 years old,
the operational manager informs the supervising officer of the relevant Youth
Offending Team (YOT) within 24 hours.
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The Suicide Prevention Co-ordinator / Suicide Prevention Team
leader are informed of any prisoner who is in the segregation unit on an open
F2052SH.
For Prisoners Segregated Under
Prison Rule 45 (YOI 49)
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Outcome: The prisoner is kept informed about his/her segregation and told when reviews will take place so that they do not feel isolated from the process / system of segregation, nor from staff. |
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The prisoner is told the reason(s) why they are being held in
segregation under Prison Rule 45 (YOI 49). This should be done orally and in
writing using form Reason for Initial
Segregation Under this Rule / Reason for Initial Segregation Under Rule 49
(Young People). The reason(s) should be the same as those written on form Governor’s Authority for Initial Segregation /
Governor’s Authority for Initial Segregation (Young
People).
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The prisoner is told when the first review of their segregation
will take place and whether or not they will have the opportunity to attend
this meeting. Use form Reason for Initial
Segregation Under this Rule / Reason for Initial
Segregation Under Rule 49 (Young People). The first Review Board
is held within 72 hours of initial segregation.
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The prisoner is told what regime he/she will have
access to pending the first Review Board. These are shown clearly on the form Reason for Initial Segregation Under this Rule
/ Reason for Initial
Segregation Under Rule 49 (Young People)
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Prisoners on open F2052SH’s will attend self harm case reviews.
See PSO 2700 Annex B Page 18.
b. Continuing Segregation Under Prison Rule 45 / YOI Rule 49
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Outcome: A decision to continue the segregation of a prisoner under Prison Rule 45 / YOI Rule 49 is taken by a Segregation Review Board (chaired by an operational manager), having regard to the individual circumstances of the prisoner concerned. The aim is to return a prisoner to normal location as soon as it is practicable to do so. The safety of the prisoner whilst in segregation is of paramount importance. |
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The initial Segregation Review
Board for a prisoner is held within the first 72 hours of a prisoner
being placed in segregation. Subsequent Review Boards are held at a frequency
to be agreed locally (between governor and area manager) but at least every 14
days.
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The form Segregation Review
Board – Governor’s Continued Authority for Segregation / Segregation Review Board Governor’s Authority for
Continuing Segregation (Juveniles) is completed by the Board when it
considers whether to continue segregation under rule 45 (YOI 49) or not.
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Particular consideration is given to safeguarding
the mental health of prisoners in segregation under Prison Rule 45 (YOI
49).
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Outcome: The prisoner is kept informed about his/her segregation and told when Review Boards will take place so that they do not feel isolated from the process / system of segregation, nor from staff. |
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The prisoner is told the outcome of the Segregation Review Board
and whether their segregation is to continue.
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If segregation is to continue the prisoner is told the reason(s)
why both orally and in writing using form Segregation Privileges
and Review Targets / Segregation
Rewards and Behavioural Targets. The reason(s) should reflect the discussions
held during the Segregation Review Board and noted on the form Segregation Review Board – Governor’s Continued Authority
for Segregation / Segregation Review
Board Governor’s Authority for Continuing Segregation (Juveniles)
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The prisoner is given a copy of the behaviour and intervention
targets that they have been set at the Review Board via form Segregation Privileges and Review Targets / Segregation Rewards and Behavioural Targets (Juveniles)
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The prisoner is told what regime he/she will have
access to after each Segregation Review Board. This is shown clearly on the
form Segregation Privileges and Review Targets / Segregation Rewards and Behavioural Targets (Juveniles) which is given to the
prisoner.
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The prisoner is told when the next review of their segregation
will take place. They normally have the opportunity to attend the meeting (at
least for some of the time), and be given the opportunity to present their
views.
c.
Completion of segregation or transfer to another establishment
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Outcome: Prisoners return to normal location as soon as the Review Board feel that it is appropriate and safe (for the prisoner, staff and other prisoners) to do so. |
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The prisoner is told the decision of the Segregation Review Board
to return them to normal location and when this will take place (unless they
are a Category A prisoner) within 12 hours of the Board.
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The Segregation Review Board decides whether to:
§
return the prisoner directly back to ordinary location
§
adopt a phased
return to ordinary location – this is considered for prisoners who have
been in segregation for a long period of time (over 1 month)
§
return to ordinary location via a High Supervision Unit.
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When the prisoner is ready to leave segregation a summary of the
prisoner’s behaviour and progress whilst in the unit is written on the main
wing history sheet that accompanies the prisoner to his/her next location. The Segregation History Sheet and the detailed
information it contains (eg. Review Board notes) is stored in the prisoner’s
main record (F2050).
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Any prisoner on an open F2052SH has a case review prior to discharge
from the segregation unit. A member of
the segregation unit staff must update the relevant part of the F2052SH (page
7).
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The governor will fully consider and act on advice from the
healthcare team that a prisoner should leave segregation on health grounds. See
Guidance on
medical recommendation against segregation.
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A prisoner is not required to sign any form of consent when being
returned to normal location. This decision to end segregation rests solely with
the Segregation Review Board and the operational manager chairing the Board.
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The operational manager in charge of the segregation unit decides
a general policy that will be followed for any prisoner
that refuses to leave the Segregation Unit once their period of Rule
45 (YOI 49) / cellular confinement comes to an end.
Location on a
Vulnerable Prisoner Unit
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Outcome: The Segregation Review Board allocates prisoners to a Vulnerable Prisoner Unit if they feel that it would be in the best interests and safety of the prisoner to do so. |
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The prisoner is told that the Segregation Review Board is
considering placing him/her on a vulnerable prisoner unit and be given the
opportunity to comment / express their views. The prisoner should normally
agree to being allocated onto a Vulnerable Prisoner Unit.
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Allocation to a Vulnerable Prisoner Unit may involve the prisoner
being transferred to a different establishment.
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Where a group of prisoners, in their own interests, are kept apart
from the rest of the population on a separate wing or landing, it does not
follow that segregation under Rule 45 applies. Prisoners are not subject to
Rule 45 controls if they have normal social contact with others in the group
and are able to participate within the group in recreation (including physical
education), education, entertainment and work.
Transfer to
another establishment
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Outcome: Prisoners in segregation are transferred to another establishment if it is no longer appropriate for the prisoner to remain in the current establishment. |
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The Segregation Review Board decides whether to transfer a
prisoner to another establishment. Reasons why a prisoner
might need to be considered for transfer to another
establishment are given in the hyperlink.
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Prisoners are normally be told if they are being considered for
transfer to another establishment (except Category A and E list prisoners) and
which establishment they will be transferred to once this has been finalised.
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If a transfer is to take place then a copy of the Segregation
Review Board notes will be sent / faxed / e-mailed in advance of the transfer
to the Head of Custody at the receiving prison. The Head of Custody ensures
that those people within the establishment that need to be given background
information about the arriving prisoner eg. Governor authorising any possible
continuation of segregation, segregation staff.
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Segregation at the receiving establishment - It is for the
governor of the receiving establishment to decide whether the prisoner should
continue to be removed from association. Forms:
§
Governor’s
Authority for Initial Segregation / Governor’s Authority for Initial Segregation (Young People) and
§
Reason for Initial Segregation Under this Rule / Reason for Initial
Segregation Under Rule 49 (Young People)are completed if
segregation is to continue. The authorising governor considers the
vulnerability of the arriving prisoner and what steps need to be put in place
to aid the prisoner in adjusting to his/her new environment (see measures to
safeguard the prisoner’s mental health). A Review Board is then
be held within 72 hours of the transfer.