Safeguarding in Prisons and Approved Premises
1. Safeguarding Responsibilities During Detention
The Local Authority
The Local Authority has no legal duty to make enquiries when a safeguarding concern is raised about abuse or neglect that is or may be occurring in a prison or approved premises. This responsibility lies with the prison Governor or the HM Prison and Probation Service (HMPPS). If a concern of this nature is raised to the Local Authority, it must make sure that the individual or body with the legal responsibility for making enquiries is notified.
Although the Local Authority has no legal duty to make enquiries, it (and other agencies) can and should still support the safeguarding response when requested to do so. For example, by providing advice or being part of a multi-agency approach. However, the Local Authority (and the Safeguarding Adults Board more generally) has no jurisdiction over prisons or approved premises and how they carry out their safeguarding responsibilities.
If a historical concern is raised (relating to abuse or neglect prior to detention), the Local Authority will need to decide whether the risk remains now that the adult is detained in prison or accommodated in an approved premises. If the Local Authority believes that some risk does remain, it must make sure that the individual or body with the legal responsibility for making enquiries is notified. For example, if the person that may have caused harm historically is visiting the adult at risk in prison, these visits may need to be restricted or supervised.
The Prison Governor
In a prison, the prison Governor is responsible for the welfare of all detained adults (prisoners). This includes safeguarding responsibilities under the Care Act. The prison Governor must ensure that there are safeguarding procedures and processes in place and that any concerns raised are responded to, and enquiries made.
Manager of an approved premises
The Manager of an approved premises is responsible for the welfare of all the adults being accommodated there. They must ensure that there are safeguarding procedures and processes in place. If a safeguarding concern is raised, the Manager must report this to the HM Prisons and Probation Service (HMPPS), who are responsible for making sure that appropriate safeguarding action is taken. If the HMPPS decides enquiries need to be made, these will normally be carried out by the Manager.
As part of their safeguarding response, the prison Governor or HMPPS should consider whether the duty to provide independent advocacy applies and, if it does, make the arrangements.
2. Open Enquiries at the Point of Detention
Any safeguarding enquiries that were ongoing at the point the adult at risk was detained should be closed, as safeguarding responsibilities now lie with either the prison Governor or HM Prisons and Probation Service (HMPPS).
If the risk to the adult has been removed by their detention, no further action is needed.
If the risk is ongoing, the Local Authority should notify the prison Governor or HMPPS and share relevant information about the enquiries it was making, including the details of any Safeguarding Plan that was previously in place. Having local information sharing arrangements with prisons and approved premises in the area will help ensure that this information can be shared with the right people in a timely way to reduce risk.
The prison Governor or HMPPS will decide the safeguarding response, including whether to make any new enquiries, and whether to request support from the Local Authority or any other agency in doing so.
At the point of detention, any risk to the adult from either themselves (self-harm) or others should be assessed by the setting. This process should proactively identify adults that may be vulnerable and how best to protect them from abuse or other harm.
3. Raising a Concern
Anyone that has concerns about the safety or welfare of an adult who is detained in a prison or approved premises must raise a concern to the setting.
Most prisons have a Safer Custody team. Contact details for every prison in England and Wales can be found online.
See: GOV.UK Prisons in England and Wales
If the Local Authority or any other agency is concerned about the response of the prison or approved premises to the safeguarding concerns it has raised, it can complain. The process for making a complaint in each setting is online.
4. Supporting a Safeguarding Enquiry
Where a prison Governor or Manager of an approved premises requests the support of the Local Authority or other agency in its safeguarding enquiries, this support should be provided.
When supporting enquiries, professionals should remember that the Local Authority (and the Safeguarding Adults Board more generally) has no jurisdiction over prisons or approved premises and how they carry out their safeguarding responsibilities.
Visiting a prison or approved premises
On occasion, visiting a prison or approved premises may be necessary when supporting the safeguarding response. When making such a visit, the following guidance should be used as required to prepare and ensure the visit takes place in line with mandatory requirements around security:
Management of security at visits Policy Framework: Closed estate
Management of security at visits Policy Framework: Open estate
5. Responsibilities After Release
The Local Authority
As soon as the adult at risk is released from prison or no longer accommodated in an approved premises, all safeguarding responsibilities sit with the Local Authority area in which they are currently ordinarily resident (or present with no settled residence).
Depending on the circumstances of the adult’s release, when a safeguarding concern is raised, the Local Authority may need to involve a Probation Officer in the safeguarding response.
To establish which Probation Service is involved with a person (when not known), use the Probation Finder. This is an online list of all probation offices and contact centres by region.
If a concern is raised about historical abuse or neglect that occurred whilst the adult at risk was detained, the prison Governor of the relevant prison or the HM Prison and Probation Service (HMPPS) must be involved in and co-operate with the response. Depending on the nature of the concerns, the Local Authority may also decide to notify the HM Inspectorate of Prisons (HMIP), the body responsible for inspecting prisons.
The Prison Governor
After release the prison Governor is no longer responsible for the welfare of the adult and has no legal responsibilities to make enquiries.
However, if the prison Governor (or any member of prison staff) believes that the adult is an adult at risk of abuse or neglect, they must raise a concern to the Local Authority. The prison Governor should share relevant information to support the Local Authority in its decision making and response.
Manager of an approved premises
The Manager of an approved premises is not responsible for the welfare of the adult when they are no longer being accommodated.
However, if the Manager (or any member of approved premises staff) believes that the adult is an adult at risk of abuse or neglect, they must raise a concern to the Local Authority. The Manager should share relevant information to support the Local Authority in its decision making and response.
If the prison Governor or Manager of an approved premises is planning for an adult’s release and believes that they will be at risk of abuse or neglect at that time, they should notify the Local Authority as early as possible. The Local Authority can use the information gathered through enquiries made by the setting to put an interim Safeguarding Plan in place from the point of release.
6. The Prisons and Probation Ombudsman
The Prisons and Probation Ombudsman (PPO) carries out independent investigations into complaints and deaths in custody. They also investigate deaths of adults that occur within 14 days of release from prison.
The Local Authority (and the Safeguarding Adults Board more generally) must co-operate with any investigation when requested to do so. This includes:
- Providing relevant assessments and other documents;
- Providing relevant information;
- Contributing to action plans;
- Attending inquests.
For further information, see: Prisons and Probation Ombudsman.
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