The Welfare of Vulnerable People in Police Custody

WORK IN PROGRESS

this page deals with 

• Equality Act 2010 [ adjustments for disabled people s20 - duty to make reasonable adjustments] here  and below 

• 2015 Welfare of vulnerable people in police custody inspection report here 

• the 2021 joint thematic inspection report - of the criminal justice journey for individuals with mental health needs and disorders here 

 

The welfare of vulnerable people in police custody HERE   an inspection by Her Majesty Inspectors of Constabulary [HMIC]  March 2015 

contents 2-4
glossary 5-13
forward 14 15
executive summary 16-24 
chapter 1 - introduction 25 -  

" Foreword 

Every day, the police in England and Wales are required to respond to the widest possible range of human behaviour and conditions. One moment they might be seeking a place of safety for an abandoned child, or for a person suffering from mental health problems who is confused and vulnerable; the next, they could be arresting an armed criminal. In some cases, people may be both offenders and in need of care.

 Vulnerability can be a trigger for crime or it can make people more likely to be victims of crime. The task that we ask of our police officers in making the distinction between the need for care and the requirements of justice is therefore both highly complex, and crucial if we are to ensure that vulnerable adults and children in our society do not become criminalised for want of a more appropriate response. The bricks and mortar of the custody suite and the police cell do not, and cannot make this distinction. As a result, some of the most vulnerable in our society may be subject to the same physical conditions and treatment as some of the most harmful. 

Police officers are civilians in uniform, possessing and discharging powers given to them freely by the consent of the communities they serve. There can be no greater power invested in a civilian than the power to take away the liberty of the citizen; nor can there be a stronger illustration of the power and trust invested in the police. 

The way that officers and staff engage with people in their custody or care therefore, has a most significant effect on the legitimacy with which the police are viewed, both by those detained, and by wider society. 

Future co-operation as witnesses to crime, or trust in the police as a victim of crime, may also be dependent on these contacts with the service. This being the case, the attitude and actions of the police – whether on the front line or in custody – are of paramount importance in ensuring that the very different needs of all those they encounter are met by the most appropriate agency. 

For those members of the public taken into custody, there are risks of harm from the experience of detention itself. They may also pose a risk to themselves and/or to others. 

All of these risks must be managed effectively by officers and staff with the relevant specialist expertise, who must communicate effectively, implement good standards of care, follow the law and work proactively with other agencies to ensure the right protection is put in place for vulnerable detainees, both in and following police custody. The primary purpose of the police is the prevention of crime and disorder. 

Other public agencies also have responsibilities in this regard. It is important to reiterate that the care of those who are vulnerable and at risk of coming to police attention is not the responsibility of the police alone. 

As this report emphasises, each service with a role to play in helping these individuals – including health, mental health, social and housing services – must fully and properly discharge its responsibilities, so that the police do not become the default response for vulnerable people in crisis. Many agencies and individuals have assisted HMIC with this inspection. I am particularly grateful to Her Majesty's Inspectorate of Prisons for their support through our joint programme of custody inspections."  

Tom Winsor (sgd.) 

Sir Thomas P Winsor 

Her Majesty's Chief Inspector of Constabulary March 2015