Inspectors find ‘too little’ progress made on Sussex Police custody suites

HM Inspectorate of Prisons (HMIP) and HM Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) first identified concerns during an inspection in 2016, leading to a second inspection in 2017 which found limited progress had been made. As a result, the force was prioritised for a further full inspection which took place in November 2019.

Inspectors visited five Sussex Police custody suites with a total of 115 cells dealing with approximately 24,000 detainees in the previous 12 months.

The inspection found that, while there had been investment and improvement in some areas, there remained a number of potential ligature points across the custody estate, including some that had been in place since the 2016 inspection.

Three of the custody suites used by Sussex Police are provided and maintained by a private contractor, Tascor. According to the report, this has “made it more difficult, and hindered the force’s ability, to make some of the improvements needed. Although the force had taken some actions to offset or manage the risks posed by the potential ligature points, these were not enough to consistently ensure safe detention”.

Inspectors also urged immediate action on three other key 2016 concerns which were still evident in 2019:

• The force did not consistently meet the requirements of the Police and Criminal Evidence Act (PACE). There were concerns about poor aspects of the review of detention under PACE;
• Governance and oversight of the use of force were not sufficient. Data on use of force incidents were not comprehensive or reliable, and not all officers involved in incidents completed use of force forms, as required, which “limited any meaningful oversight by senior managers”;
• The force’s approach to monitoring and managing performance was limited. There were gaps in the data collected for some key areas, and performance concerns were not always identified and addressed.

Inspectors were also concerned that too many detainees with mental ill health problems were held in custody for far too long waiting for mental health assessments and, where needed, onward transfer to a mental health bed.

The report noted, however: “The force area includes Beachy Head, a notorious suicide spot, which placed significant pressure on both the police and mental health services. The force and its mental health partners had developed plans setting out the actions to take for some individuals who regularly visited Beachy Head.”

Staffing levels were generally sufficient to meet the demand in custody and staff were patient and positive with detainees, and most interactions were clear, courteous and reassuring.

Although the force was found to be working hard to keep children out of custody, the local authority could not meet its obligation to provide alternative secure accommodation for those arrested, charged and then refused bail. The inspectors said a similar situation exists with other forces.

Peter Clarke, HM Chief Inspector of Prisons, and Wendy Williams, HM Inspector of Constabulary, said: “Sussex Police had a clear governance structure to provide accountability for the delivery of custody, with oversight at both strategic and operational levels. Despite this, although there had been some improvements since our last inspection, there had been too little progress overall in the areas of concern we had identified.”

Sussex Police said it accepted the recommendations for improvements and that work had been scheduled for the year ahead with a newly appointed contractor to help create a safer environment.

Superintendent Simon Nelson said: “We are committed to addressing the findings of the report and recommendations it makes. Several suggested improvements, delayed by contractor negotiations, are already being incorporated into the work we are undertaking countywide to provide custody facilities fit for the future.

The force added that works are in hand to update facilities at the 27-cell Crawley unit, and sites supported by private finance initiatives (PFI) – Brighton, Eastbourne and Worthing – are set to follow.

A statement issued by Sussex Police said: “Changes to the PFI agreement have been necessary to enable this to happen, and since it is not operationally possible to close more than one site at a time, progress has inevitably been affected, although remedial actions have been taken to mitigate issues in the meantime.”

Police and Crime Commissioner, Katy Bourne said: “I’m pleased to see acknowledgement of the emphasis Sussex Police places on understanding and protecting vulnerable people and the effort made to divert young people from custody.

“I was also pleased to see inspectors recognise that the force is open to external scrutiny from my Independent Custody Visiting scheme. Volunteers across the county perform unannounced visits to check on the welfare of detainees and have won national awards for working with the force on improvements, including providing female detainees with sanitary packs.

“However, it is clear from the report that a number of key areas require action. It is important that Sussex Police’s custody procedures comply with legislation, that data is reliable, physical conditions kept up to scratch and oversight is consistent when it comes to use of force.

“We have a strong leadership in this area within Sussex Police and a working group was set up months ago to address these concerns, with many soon to be rectified. I will soon be visiting a busy custody centre for myself to see the protocols in place to keep detainees safe.”