Prisons and Approved Premises

1. Using this Procedure and Further Guidance

Using this procedure

This procedure sets out the local authority’s responsibility under the Care Act 2014 for arranging and funding services to meet the care and support needs of a person (from the age of 18) who is (or will be) detained in a prison, approved premises, or other bail accommodation.

It can also apply to people aged over the age of 18 in young offender institutions, secure children’s homes and secure training centres.

It should be used when any of the following applies:

1. A person with existing care and support needs is to be detained in prison or approved premises; or
2. A referral has been received to assess the care and support needs of a person who is detained in prison or approved premises; or
3. A person with existing care and support needs is going to be transferred from one custodial setting to another; or
4. A person with existing care and support needs is to be released from prison or approved premises.

Further guidance and information

Care and Support Statutory Guidance: Chapter 17, Approved Premises and Bail Accommodation.

NHS England: Health and Justice

2. Information about Prisons and Approved Premises

This section provides some key information about prisons and approved premises, including the different categories of prison and the key responsible individuals in different settings. It is important to know this information as it could impact situations such as arranging to visit a detained person, lone working, risk assessment and arranging suitable service provision.

The HM Prison and Probation Service (HMPPS)

The HM Prison and Probation Service (HMPPS) is the part of the government responsible for running prison and probation services in England and Wales.

The wider service is made up of the following 3 services:

1. HM Prison Service;
2. Probation Service (where approved premises sit);
3. Youth Custody Service.

Prisons

A prison is a place where a sentenced (convicted) or remand prisoner is obligated to reside. A remand prisoner is a prisoner awaiting trial or sentencing.

Prisons have different categories, based on risk and behaviour of the prisoner. There are also different prisons for men and women, and for younger people. Depending on the type of prison the person is detained in, there may be visiting or environmental restrictions or risks that you will need to consider as part of your assessment and/or Care and Support Planning.

Adult male prison categories

Category A

These are the highest security prisons. They house prisoners which, if they were to escape, would pose the greatest threat to the public, police, or national security. As such, the highest measures are in place to prevent an escape from occurring.

Category B

These are also high security prisons, but prisoners in a category B prison pose less of a risk than those in Category A, meaning the security measures are high but not as high.

Category C

Most prisoners are housed in Category C prisons. Also known as training and resettlement prisons, they provide prisoners with the opportunity to develop skills that will help them to find work and resettle back into the community on release.

Category D

Category D prisons are different to the other categories of prison. This is because they are open prisons. Open prisons have minimal security and allow eligible prisoners to spend time away from the prison on license to work, engage in education or carry out other resettlement activity.

Female and young adult categories

Prisons that house female and young adult prisoners are not categorised. Instead, the prisoner is held in either closed or open conditions, according to their risks and needs.

Open conditions: Prisoners who present a low risk.

Closed conditions: Prisoners not suitable for open conditions, but do not require the highest level of security.

Female and young adult prisoners who are considered too high risk for closed conditions are categorised as ‘restricted status’. This means that they can only be held in a closed prison. In exceptional circumstances, because their escape would be highly dangerous to the public, police, or national security, this can be a Category A prison.

Approved premises

Part of the Probation Service, an approved premises is used mainly for people on license after release from prison. Usually, the person will have been convicted of serious violence and/or sexual offences and continue to present a high/very high risk.

An approved premises acts as a halfway house between prison and home, and has two main roles:

1. To support the resettlement and rehabilitation of people who have committed serious offences; and
2. To support the safety of others in the early months in the community.

Approved premises are intensively supervised and the person is required to engage in activities as prescribed, work on their offending behaviours and attend treatment or intervention programmes.

Responsible individuals

Prison Governor

In a prison, the Governor of the prison has overall responsibility for the welfare of all prisoners.

Manager of an approved premises

In an approved premises, the Manager of the approved premises has overall responsibility for the welfare of all individuals staying there.

Other key individuals

An Offender Manager usually works with people who are serving their sentences in the community. However, if a prisoner has been sentenced to 12 months or more in prison, they may also be appointed an Offender Manager. The role of an Offender Manager is to develop and then monitor an action plan for the prisoner that will help them to reflect on the reason for their offending behaviour, take steps to address those causes and reduce the risk of further offending. Where a prisoner has an Offender Manager, they will also have an Offender Supervisor based in the prison, who can help arrange the parts of the plan and keep the Offender Manager informed on progress or difficulties experienced.

A Probation Officer works with prisoners who have served 12 months or more in prison (or on license in an approved premises) to prepare them for their release. Upon release, they can continue to work with the person to help with rehabilitation, ensure that any ongoing conditions imposed upon the person are met and to assess any ongoing risk to the public.

Visiting a prison or approved premises

When visiting a prison or approved premises, you should refer to the following guidance 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

You should also refer to the Lone Working Procedure to reduce any risk to your own safety during the visit.

3. Care and Support Functions

People in custody or custodial settings who have needs for care and support should be able to access the care they need, just like anyone else.

Unless set out in the sections of this procedure, all of the care and support functions and statutory requirements of the Care Act apply including:

1. Access to information and advice about adult care and support;
2. The duty to provide an independent advocate;
3. The duty to assess on the appearance of need;
4. Powers to provide urgent support and services pending assessment;
5. The duty to meet eligible needs;
6. Care and Support Planning;
7. Personal Budgets;
8. Review of a Care and Support Plan.

Note: Direct Payments cannot be provided to anyone in prison, and there are restrictions in other settings. For further information, see: Direct Payments.

4. Ordinary Residence

Ordinary residence while detained

Under Section 76 of the Care Act, if the premises in which the person is detained are outside of the Local Authority area in which they normally live, their ordinary residence status does not change but must be disregarded.

Full responsibility for assessing and meeting eligible Care and Support needs during detention lies solely with the Local Authority area in which the place of detention is located. This includes the provision of equipment. Where applicable, it also applies prior to detention if the person is required to reside in the area as a condition of bail.

If the person was receiving Care and Support services prior to their detention the two Local Authority areas should co-operate to ensure that the Local Authority now responsible for meeting needs can do so in a timely way and without unnecessary duplication.

Ordinary residence upon release

If the person intends to stay in the Local Authority area where they are detained

If the person intends to stay in the Local Authority area where they are being detained:

1. Their ordinary residence will change to that Local Authority; and
2. That Local Authority should make plans to continue providing care and support upon release; unless
3. The deeming provisions under Section 39 of the Care Act apply; in which case;
4. Their ordinary residence will not change and the Local Authority in which they were living prior to detention remains responsible.

If the deeming provisions apply the Local Authority that is currently meeting their needs should:

1. Contact the Local Authority in which the person is ordinarily resident; and
2. The Local Authority where they are ordinarily resident should carry out any required care and support functions to arrange care and support upon release.

If the person intends to return to the Local Authority area where they were previously living

If the person intends to return to the Local Authority where they lived prior to their detention their ordinary residence will not change. The Local Authority that is currently meeting their needs should:

1. Contact the Local Authority in which the person is ordinary resident; to
2. Explain that the person intends to return to the area; and
3. Agree continuity of care arrangements to support a smooth transition.

If the person intends to move to a whole new area

If the person intends to move to a whole new area upon release:

1. Their ordinary residence will change to that Local Authority; and
2. That Local Authority should make plans to provide care and support upon release; unless
3. The deeming provisions under Section 39 of the Care Act apply; in which case;
4. Their ordinary residence will not change and the Local Authority in which they were living prior to detention remains responsible.

5. Continuity of Care Arrangements

Understanding continuity of care arrangements

Continuity of care arrangements are a statutory requirement of the Care Act. They define the way that different local authorities in England should work collaboratively when:

1. A person will be moving from one Local Authority area to another; and
2. That person already has eligible care and support needs; and
3. Their ordinary residence status will be changing; so as to
4. Provide an undisrupted care and support service and smooth transition from one area to another.

Continuity of care arrangements normally only apply when a person intends to move from one Local Authority area to another and their ordinary residence will be changing as a result.

The continuity of care process and prisons

The Care and Support Statutory Guidance sets out that the relevant stages of the continuity of care process should also be applied to ensure a smooth transition in care and support services whenever:

1. A person with existing care and support needs is to be detained in prison or approved premises outside of the Local Authority in which they are ordinarily resident; or
2. A person with existing care and support needs is going to be transferred from a custodial setting in one area to a custodial setting in another area (for example, if their security category changes or they are to be moved to a more local prison in readiness for release); or
3. A person with existing care and support needs is to be released from prison or approved premises and intends to live in a different area to the area where they are currently detained (and their ordinary residence will be changing).

If a person is to be detained in another area

The Local Authority that is meeting the person's eligible needs at the time they are detained (the first Authority) should notify the Local Authority where they are to be detained (the second Authority) at the earliest opportunity to agree Continuity of Care arrangements.

If a person is to be released into another area

If a person is going to be released into another area the first Local Authority (the Authority meeting their needs whilst detained) should be informed by:

1. The Governor of the prison; or
2. The Offender Manager, Probation Officer or Manager of an approved premises; or
3. Their representative.

The first Local Authority should then apply the continuity of care process to notify the second Local Authority and agree arrangements.

If a person is transferred to a custodial setting in another area

If a person is going to be transferred from a custodial setting in one area to a custodial setting in another area the first Local Authority (the Authority meeting their needs in the first area) should be informed by:

1. The Governor of the prison; or
2. The Offender Manager, Probation Officer or Manager of an approved premises; or
3. Their representative.

The first Local Authority should then apply the continuity of care process to notify the second Local Authority and agree arrangements.

The transferring and receiving prisons/ approved premises should also have a named member of staff to lead on arrangements during the transfer.

Continuity of Care Arrangements

See: Continuity of Care Arrangements for further guidance about agreeing arrangements, including arrangements regarding equipment and adaptations.

6. Information and Advice Upon Detention

If a person with care and support needs is to be detained it is likely that they will be feeling anxious and unclear about how their needs will be met.

It is therefore important that they are provided with good information and advice about the following:

1. The impact of their detention upon current support and services;
2. Any change in Local Authority responsibility to meet their needs;
3. Confirmation that financial assessment still applies;
4. Continuity of care processes; and
5. The impact of any carer's support currently being provided.

7. The Advocacy Duty

The duty to provide independent advocacy in order to ensure the involvement of the person applies if:

1. There is no appropriate other person to support and represent them; and
2. The person is likely to experience substantial difficulty being fully involved in the Care and Support process without support.

You should be aware that the person will not have access to informal networks of support in the same way as they would in the community, so advocacy may be more likely.

See: The Duty to Provide an Independent Advocate for further information about the advocacy duty under the Care Act.

8. Establishing Needs

Requesting an assessment

An assessment can be requested by:

1. The person;
2. With the person's consent, the person's representative (for example a family member or advocate);
3. With the person's consent, the prison Governor (or their representative);
4. With the person's consent, the Manager of approved premises (or their representative); or
5. If the person lacks capacity, a person acting in their Best Interests.

The timing of an assessment

The Care and Support Statutory Guidance recognises that people who are detained:

1. Can experience a swift deterioration in their individual wellbeing if their needs are unmet for extended periods; and
2. That opportunity to prevent needs and promote independence can be missed.

As such it is important that assessments are carried out in a timely way following any referral made.

ensuring the involvement of the person

You should liaise with, and seek the co-operation of the staff at the prison or approved premises to ensure that all practicable steps are taken to ensure the involvement of the person in any assessment process.

This may be restricted by the regime of the setting, but you may need to negotiate:

1. The methods of consultation available (including the possibility of virtual or telephone consultation);
2. When consultation with the person can take place;
3. How long consultation can last;
4. If the person has requested the involvement of a particular person, whether the prison or approved premises can facilitate this;
5. The level of staff presence required to supervise the person/manage risk during consultation;
6. How staff can support the person to carry out any self assessment;
7. How staff can support the person to understand information in between visits;
8. Where relevant, how the involvement of an independent advocate will be facilitated.

Involving others

If it is appropriate and possible to involve family members in the assessment, the person should be asked if they would like anyone to be involved. If the person names an individual or consents more generally to their family being involved, you should consult those individuals.

If it is not possible to involve families directly, you should ask the person whether they would like anyone to be informed that an assessment is taking place and of the outcome of that assessment.

The method of assessment

All usual methods of assessment available in the Local Authority area apply. If self-assessment is available and the person wishes to self assess, you should liaise with the staff at the prison or approved premises to identify a named person who can assist the person to complete a self assessment.

If the prison service is carrying out an assessment of any kind, for example a prisoners health assessment consideration should also be given to carrying out an assessment of need at the same time (or jointly) to avoid duplication for the person.

Talking about Wellbeing

When talking about wellbeing, this should be done in the context of the person's current circumstances. The aim is to:

1. Promote their wellbeing whilst they are detained; and
2. When due for release, promote their Wellbeing upon release.

Providing a copy of the assessment report

A copy of the assessment record should be provided to the person in all cases. A copy of the assessment should also be provided to any family member the person requested receives a copy (or has consented to a copy being shared with).

Their consent should be sought to provide a copy to:

1. The prison Governor; or
2. The Manager of approved premises; as
3. This will support them to understand the person's needs and the support they need.

No eligible needs

If the person has no eligible needs to be met information and advice about prevention must be provided in writing to:

1. The person; and
2. The prison Governor; or
3. The Offender Manager of the approved premises.

If the person does not have eligible needs to be met by the Local Authority they should be supported to liaise with the HM Prisons and Probation Service (HMPPS) around meeting their ineligible needs. This could involve making private arrangements to meet those needs, or, depending on the nature of the need, exploring whether another prisoner could provide support.

For further information about this see: Prisoners assisting other prisoners: PSI 17/2015.

Refusing an assessment

The person can refuse an assessment in the same way they can refuse an assessment if they were in the community unless:

1. They lack capacity and it is in their Best Interests to have an assessment; or
2. They are at risk of, or experiencing abuse or neglect.

9. Meeting Needs

Meeting urgent needs

If a detained person has urgent needs for care and support these should be met by the Local Authority in the area that they are detained subject to any assessment being carried out.

Prevention services

The Care and Support Statutory Guidance sets out that early consideration should be given to the benefit of prevention services for people who are detained.

Talking about Outcomes

When talking about outcomes, this should be done in the context of the person's current circumstances. The aim is to agree:

1. Outcomes that are realistic and achievable whilst they are detained; or
2. If due for release, outcomes that are realistic upon release.

If a person has a particular outcome they would like to achieve whilst detained, for example regarding education or fitness you should liaise with the prison staff about how they can be supported to do so.

Care and Support Planning

ensuring the involvement of the person

You should liaise with, and seek the co-operation of the staff at the prison or approved premises to ensure that all practicable steps are taken to ensure the involvement of the person in any Care and Support Planning process.

This may be restricted by the regime of the setting, and you may need to negotiate:

1. The methods of consultation available (including the possibility of virtual or telephone consultation);
2. When consultation with the person can take place;
3. How long consultation can last;
4. If the person has requested the involvement of a particular person, whether the prison or approved premises can facilitate this;
5. The level of staff presence required to supervise the person/manage risk during consultation;
6. How staff can support the person to consider care and support options available;
7. Where relevant, how the involvement of an independent advocate will be facilitated.

The involvement of staff

A representative from the prison or approved premises should be involved in Care and Support Planning, so that:

1. The care and support proposed can be accommodated by the setting; and
2. The person's outcomes can be supported.

Involving others

If it is appropriate and possible to involve family members in the Care and Support Planning, the person should be asked if they would like anyone to be involved. If the person names an individual or consents more generally to their family being involved, you should consult those individuals.

If it is not possible to involve families directly, you should ask the person whether they would like anyone to see the Care and Support Plan.

Restricted available services

The regime or environment may restrict the nature of the care and support services available to the person. It is important that available options are identified at an early stage and that Care and Support Planning is realistic.

Safeguarding issues

If any safeguarding issues are identified during Care and Support Planning these should be:

1. Identified in the plan; and
2. Reported to the prison Governor; or
3. Reported to the Manager of the approved premises.

Equipment and adaptations

A detained person is entitled to equipment and adaptations to meet their eligible needs in the same way as anyone else.

Where mobile or specialist equipment, such as seating is required the Local Authority should arrange to provide these items (unless it is the responsibility of the NHS to provide them).

Where minor works or adaptations are required (for example a grab rail or a ramp) it is usually the responsibility of the prison or approved premises to provide this, as it involves a structural change to the building.

When arranging equipment or an adaptation for a person in prison you should refer to available local guidance agreed by the Local Authority, the custody setting and the NHS.

Providing a copy of a Care and Support Plan

A copy of the Care and Support Plan should be provided to the person in all cases. A copy of the plan should also be provided to any family member the person has requested receives a copy (or has consented to a copy being shared with).

Their consent should be sought to provide a copy to:

1. The prison Governor; or
2. The Offender Manager, Probation Officer or Manager of approved premises; as
3. They need to understand the plan to ensure that the person is being supported as intended.

If the person moves to another setting, or is released their consent should be sought to share the most recent Care and Support Plan with any new setting.

10. Direct Payments

In prison

Direct Payments cannot be provided to a person detained in prison under any circumstances.

In approved premises

People in bail accommodation and approved premises who have not yet been convicted are entitled to a Direct Payment, as they would have been whilst in their own homes. If subsequently convicted, the Direct Payment should be withdrawn.

11. Financial Assessment

The charging rules set out in the Care Act apply equally to people detained in prison or approved premises.

If a person is already receiving care and support services upon detention a financial reassessment should be requested, so that any changes to their income and benefits can be considered.

For further information about requesting a financial reassessment, see: Financial Assessment.

12. Joint Work

There is a particular need to work well with staff in the prison or approved premises to ensure that:

1. The person's eligible needs are met whilst detained; and
2. The person is supported to achieve their outcomes.

Joint work will involve:

1. Effective sharing of information;
2. Co-operation when carrying out care and support processes to ensure the person's involvement is maximised;
3. Joint assessment processes where possible (for example a prisoners health assessment);
4. Identifying available care and support options that can be accommodated by the setting;
5. Monitoring how well the Care and Support Plan is working; and
6. Continuity of care processes if the person moves area or is released into another area.

Where the person has health needs there will also be a need to joint work with any lead health professionals, which could include anything from consultation to joint funding of services.

See the Joint Work Procedure, for further guidance.

13. Reviewing Support and Services

All statutory review requirements apply when a person in prison has a Care and Support Plan. However, the Care and Support Statutory Guidance sets out that the plan should also be reviewed:

1. Each time the person enters custody from the community; and
2. Each time the person is released from custody.

14. Planning for Release

It is important to understand the person's ordinary residence upon release, as this will determine which Local Authority is responsible for meeting their eligible needs (and hence planning for their release).

See: Section 3, Ordinary Residence.

The Local Authority that is responsible for meeting the person's eligible needs upon release should:

1. Carry out all required Care and Support functions prior to release; and
2. Arrange all required services for the day of release; and
3. If not able to do so, provide the same services (or equivalent services) as were being provided in the setting until care and support functions have been carried out.

15. Safeguarding

Before detention

The Local Authority where the person was living prior to detention has a statutory duty to:

1. Respond to any safeguarding concerns; and
2. Manage any safeguarding enquiries; until
3. The person has been detained.

Any safeguarding enquiries on-going at the time of the person's detention should be concluded by the Local Authority.

During detention

After the person has been detained the prison Governor or the Manager of an approved premises has a statutory duty to:

1. Respond to any new safeguarding concerns; and
2. Manage any safeguarding enquiries relating to those new concerns; unless
3. Those concerns relate to harm or abuse that occurred (or may have occurred) prior to detention (see below); or
4. If the person has been transferred from another detention setting, those concerns relate to harm or abuse that occurred (or may have occurred) in that setting (see below).

Concerns relating to abuse or neglect prior to detention

If a safeguarding concern relates to neglect or abuse that occurred (or may have occurred) prior to detention, the Local Authority in the area where the abuse occurred is responsible for:

1. Responding to the concern; and
2. Managing any safeguarding enquires; but
3. The staff at the prison or approved premises may assist them to do so (for example speaking to the person to gather information).

Concerns relating to abuse or neglect in another detention setting

If a safeguarding concern relates to neglect or abuse that occurred (or may have occurred) in another detention setting, the prison Governor or Manager of an approved premises is responsible for:

1. Responding to the concern; and
2. Managing and safeguarding enquiry; but
3. The staff at the new detention setting may assist them to do so (for example speaking to the person to gather information).

After release

After release the Local Authority in the area where the person now lives has a statutory duty to:

1. Respond to any new safeguarding concerns; and
2. Manage any safeguarding enquiries relating to those new concerns; unless
3. Those concerns relate to harm or abuse that occurred (or may have occurred) during detention (see below); or
4. Those concerns relate to harm or abuse that occurred (or may have occurred) in another Local Authority area (see below).

Concerns relating to abuse or neglect while detained

If a safeguarding concern relates to neglect or abuse that occurred (or may have occurred) whilst the person was detained the prison Governor or the Manger of an approved premises is responsible for:

1. Responding to the concern; and
2. Managing any safeguarding enquiries; but
3. The Local Authority may assist them to do so (for example speaking to the person to gather information).

Concerns relating to abuse or neglect in another Local Authority area

If a safeguarding concern relates to neglect or abuse that occurred (or may have occurred) in another Local Authority area, the other Local Authority is responsible for:

1. Responding to the concern; and
2. Managing any safeguarding enquiries; but
3. The second Local Authority may assist them to do so (for example speaking to the person to gather information).

Responding to abuse or neglect in a prison or approved premises

Any prison or approved premises should have clear safeguarding policies and procedures that should be explained to all visitors.

If you believe that a person in prison or an approved premises is experiencing, or at risk of experiencing abuse or neglect you should:

1. Explain to the person that you have a duty to report your concerns (even if they object); and
2. Refer to the available procedures of the prison or approved premises; to
3. Report concerns to the prison Governor or the Manager of the approved premises.

You should also:

1. Make a record of the concern you have raised on the person's electronic file; and
2. Identify the concerns in any Care and Support Plan; and
3. Co-operate in any safeguarding enquiry as requested.

Advocacy

It is the responsibility of the body that is required to respond to (and investigate) any safeguarding concerns to:

1. Consider whether the duty to provide independent advocacy applies; and
2. If so, provide independent advocacy.

Supporting a safeguarding enquiry

If the prison Governor or the Manager of an approved premises is carrying out a safeguarding enquiry they may:

1. Seek the advice of the Local Authority in doing so; when
2. The concerns or situation is challenging or complex; and
3. The Local Authority should provide information and advice as requested.

16. Complaints and Investigations in Prisons

The Prisons and Probation Ombudsmen (PPO) conducts investigations in prisons following complaints about prison services (including care and support provided in prisons), as well as deaths in custody or other significant events.

The Local Authority is required under the Care Act to co-operate with any investigation when requested to do so by the PPO. This includes:

1. Providing relevant assessments and other documents;
2. Providing relevant information;
3. Contributing to action plans;
4. Attending inquests.

17. Carers

Family and friends

You will need to consider whether any carer remains eligible for support at the point that a person is detained, based upon:

1. The nature of on-going care that they now provide; and
2. The impact of that care on their wellbeing.

Other detained persons

It is not the intention of the Care Act that any prisoner, resident of approved premises or staff in prisons or approved premises should take on the role of carer as defined by the Act and should therefore not in general be entitled to a carer's assessment.

18. Transition to Adult Care and Support

If a young person with Care and Support needs is approaching transition all general transition procedures apply. This includes transition planning, which may need to incorporate the facilitation of a smooth transition from children's to adult's custodial setting if the young person is not due for release.

19. NHS Continuing Healthcare

If a person has a primary need for healthcare they may be eligible for NHS Continuing Healthcare, in the same way as they may be eligible in the community.

See the NHS Continuing Healthcare Procedure.

20. End of Life

A person who is detained in prison or approved premises is entitled to end of life care in the same way as a person in the community.

End of life care will often mean a change in accommodation to ensure that any palliative care is provided appropriately and with dignity. If this means a change in Local Authority area the continuity of care arrangements will apply, as the responsibility to meet the person's needs will also move to the new area.

See the End of Life Procedures and Practice Guidance.

21. Deprivation of Liberty

Deprivation of liberty procedures do not apply in any form whilst the person is detained in prison or approved premises.

If the person is likely to be deprived of their liberty in order to receive care or treatment upon release you should take appropriate steps to ensure that the deprivation is:

1. In the person's Best Interests; and
2. If so, authorised.