Recommendation 142

This recommendation is assigned to CSNSW.

Recommendation

That the installation and/or use of padded cells in police watch- houses for punitive purposes or for the management of those at risk should be discontinued immediately.

Context

At the commencement of Chapter 24.1 the Royal Commission report stated that issues dealing with Police and prison custody deaths would be dealt with separately in different chapters as the issues were quite distinct. Since the time of the RCIADIC report, CSNSW has taken operational responsibility for some police/court cells. The Royal Commission report referred to a paper by Dr Koseph Reser ‘The Design of Safe and Humane Police Cells’ which stated that padded cells can act as a sensory deprivation changed and exacerbate distress, reactance and isolation. While padded cells were not involved in any of the deaths investigate the Commissioner did state that the use of padded cells should be discontinued immediately, recommendation 142 is directed at ensuring that outcome. This recommendation is primarily directed at NSW Police, however CSNSW has responded as far as it relates to CSNSW.

Detail of implementation

There are no padded cells in Police / Court Cells.

CSNSW has moved towards the principle of least restrictive care as per the Mental Health Act 2007 (NSW). This principle ensures that people should receive the care and treatment they require in the least restrictive environment consistent with their safe and effective care. This principle also applies to the management of those at risk.

COPP 3.7 Management of inmates at risk of self-harm or suicide

The identification and assessment of risk factors for suicide or self-harm begins when an inmate is received into the custody of CSNSW (refer to COPP section 1.1 Reception procedures). Any staff member who determines that an inmate may be at risk of suicide or self-harm must immediately notify the Officer in Charge (OIC). This notification is mandatory. Once the OIC is notified, they must assess the risk and develop an Immediate Support Plan (ISP) appropriate to the level of risk, consistent with the principle of least restrictive care. The OIC must also record the mandatory notification and details of the ISP in the Offender Integrated Management System (OIMS), including reporting the incident via the Incident Reporting Module (IRM) and recording an alert and case note. An ISP may be reviewed and updated at any time in response to changing circumstances, such as a transfer from one location to another. In a police/court cell complex, the OIC must prioritise the transfer of the at-risk inmate to a correctional centre.

In suicide and self-harm risk management, all decisions must be made with due consideration to CSNSW’s duty of care to the inmate and must be able to withstand public scrutiny.

Evidence

• COPP 3.7 Management of inmates at Risk of Self-harm or Suicide  (PDF, 2.3 MB)