Human rights campaigners call for consistency in ‘solitary confinement’ interpretation

Human rights campaigners are calling for consistency in the interpretation of “solitary confinement” for prisons, detention centres and children’s secure accommodation.

A national report on the practice in every type of custody in the UK indicates it is often referred to with different names, leading to differing enforcement regimes.

Campaigners argue euphemistic “soothing terminology” including “time out”, “low stimulus” and the literal “confined to room” prevents uniform enforcement of safeguards on what can amount to solitary confinement.

The Scottish Human Rights Commission (SHRC) numbers among 20 independent inspectorates, collectively known as the National Preventative Mechanism (NPM), who are working to fulfil the UK’s UN treaty obligations on safeguarding detainees from mistreatment in custody.

The review reveals inconsistencies in treatment of prisoners. For example, two men with the same mental health problems could be treated entirely differently.

One could be kept alone in a dirty cell with only a radio and the other could be allowed contact with family and friends in his own room.

Chair of the SHRC Professor Alan Miller said the “missing link” was proper training for staff on the front lines.

He said: “The report reflects the situation in Scotland that there are varying practices and if not seen through a human rights lens can be a breach of dignity and human rights.

“This is a long-running problem and while both the present and previous governments have good intentions and issue policy statements and guidelines they are not put into practice enough for those in care.

“Not enough attention is given to workplace development for front-line staff such as police officers and care workers, meaning such policies are not implemented.”

“There is also a lack of awareness among the people affected about what their rights are. They may know in some sense that they have a right to certain basic fundamental things but not know exactly what.”

Nick Hardwick, HM chief inspector of prisons said on behalf of the UK NPM: “In many cases, detainees are isolated legitimately to prevent harm or provide a calm environment that is in their best interest.

“However, prolonged solitary confinement or isolation can also have a detrimental effect on a detainee’s mental health, exacerbate behaviour problems and increase the risks of their ill-treatment.

“It is already clear that poor governance, inconsistent practice and a soothing terminology allow some individuals to be held in solitary confinement for long periods without adequate safeguards – and that includes some of the most vulnerable people in detention, such as children and mentally ill people.”

A spokeswoman for the Scottish government said: “The use of isolation or seclusion will vary depending on the agency and the individual involved.

“It is a measure of last resort to protect the safety of the individual and/or others and is closely monitored, ensuring that the individual is treated with care and consideration.”