Agenda item

To scrutinise the work undertaken with the Prison Service to implement part 11 of the Social Services Act (to follow the national workshop on the first 6 months of implementation of the act).  

Context:

The Adult Select Committee received an update on the progress in implementation of Part 11 of the Social Services and Well-being Act 2014 relating to the delivery of care and support to those in the secure estate

Key Issues:

Part 11 of the Social Services and Well-being Act 2014 concerns adults with care and support needs in prison, approved premises and bail accommodation, and children with care and support needs in youth detention accommodation, prison, approved premises or bail accommodation; the secure estate.

The overall principles of the Act fully apply to both adults and children who are detained/ residing in the secure estate. Part 11 of the Act and its supporting

Regulations and Code of Practice sets out the duties placed on local authorities in respect of adults with care and support needs who are in the secure estate in Wales and a change in how existing responsibilities for the care and support of children in the secure estate (whether detained in England or Wales) are fulfilled. This duty exists regardless of their place of ordinary residence in Wales or elsewhere before their detention.

The majority of the provisions under the 2014 Act apply to those in the secure estate just as they would to individuals living in the community, which includes:

 Population needs assessment.

 Information, advice and assistance.

 Prevention.

 Assessing and meeting need.

The following provisions are disapplied for both children and adults in the secure estate:

• A person cannot be a carer within the terms of the Act if they are detained in prison, approved premises or youth detention accommodation.

• A person cannot receive direct payments towards meeting the cost of their care and support.

• A person cannot express preference for accommodation while they are in custody although they would be able to do so if they were expressing a preference for accommodation they would occupy on their release.

• A person cannot have their property protected while they are in prison, youth detention or residing in approved premises. Local authorities with secure estate establishments within their boundary must meet the care and support duties for those adults detained in them regardless of their place of ordinary residence in Wales or elsewhere before their detention. In Wales only Cardiff, Swansea, Bridgend and Monmouthshire have prisons within their boundaries.

A new prison is being built in Wrexham and is due to open in 2017.

HMP Usk and Prescoed is in Monmouthshire and it falls to MCC to provide care and support to the prisoners therein.

Member Scrutiny:

Member of the Committee wished to thank Bernard Boniface and his team for arranging the recent Prison visit, which they unanimously agreed was most informative and useful.

A Member commented that as the subject matter was new to the Committee, less jargon and abbreviations would be useful in reports.

Members discussed the Buddy system and agreed this was an excellent idea.

It was asked if the anticipated funding would suffice and if the implications of the new responsibilities on resources had been considered.

A Member asked if once Autism was identified was there support in place for the individuals and we were told that accessing needs was a priority with the onus on people supporting themselves alongside staff and the Buddy system.

Concerns were raised about staff levels and we asked if the shortage of staff effected the service offered. We were reassured that the safety of staff was paramount and that staff received appropriate training and support.

The Chair commented on the value of the Committee’s visit to the prison and was reassured that wellbeing of the inmates was a priority.

Delia Hudson feedback to the Committee regarding her visit to the Older Prisoners Forum, which she has been invited to join and we were told;

·         The forum involved approx. 20 inmates in a nice atmosphere.

·         The inmates were bored and asked for art and craft supplies.

·         During the winter the inmates found the cold weather difficult requesting thermal under garments and hessian gloves whilst tending the gardens.

·         The inmates commented that they had extremely long waits for chiropody and dental appointments.

·         General points were raised such as, when out at hospital visits the inmates didn’t like being hand cuffed.

The Chair thanked Delia Hudson for her feedback and looked forward to future updates.