West Yorkshire Police has improved custody services, but concerns remain over use of force, report finds

While His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) and the Care Quality Commission (CQC) found the force has “clear governance arrangements” for the provision of custody, progress in some areas has been limited since their last inspection,

The inspectorates found that some concerns from the force’s previous inspection “haven’t been addressed well enough, especially around the use of force”.

HMICFRS and CQC said there were two main causes of concern:

• The force does not use performance information well enough to make sure it achieves good outcomes for detainees; and
• Governance and oversight of use of force in custody is not good enough and quality assurance of incidents does not provide effective scrutiny.

His Majesty’s Inspector of Constabulary Michelle Skeer said: “Anyone detained in custody should be treated fairly and kept safe from harm.

“West Yorkshire Police has a clear governance arrangement for its custody services. Frontline officers have a good understanding of what can make a person vulnerable, and the force works well with mental health services to support people with mental ill-health. Custody personnel treat detainees with politeness and respect.

“However, in some areas progress has been limited and there remain two areas of concern. These include governance and oversight of the use of force in custody, as well as the use of data to improve custody services, with some key areas of custody not being monitored.

“We will be working closely with West Yorkshire Police and monitoring its progress against our new recommendations.”

The inspectorates said data on use of force incidents was not accurate enough.

“This is because it isn’t properly recorded on custody records and use of force forms. While there are some reviews of use of force, review of incidents on CCTV is limited,” they said.

“We have concerns around the frequent use of incapacitant spray (PAVA) in confined spaces, such as cells and cell corridors.

“The force can’t assure itself or the public that, when force or restraint is used in custody, it is necessary, justified and proportionate. This is a cause of concern.”

HMICFRS and CQC said quality assurance of incidents does not provide effective scrutiny

“Our CCTV and custody record review found that use of force incidents weren’t managed well or recorded accurately.

“Custody officers sometimes become involved in incidents rather than overseeing them. And custody personnel don’t always complete use of force forms.”

HMICFRS and CQC have recommended that “with immediate effect, the force should scrutinise its use of force and restraint in custody to make sure that it is necessary, justified and proportionate”.

“This scrutiny should be based on accurate information and robust quality assurance. Custody officers should appropriately oversee any use of force incidents,” they said.

Another area of concern was that West Yorkshire Police does not use performance information well enough to make sure it achieves good outcomes for detainees

“The force can’t show how it uses data to improve custody services and some key areas of custody aren’t monitored. Since our last inspection, some areas have not improved enough,” said HMICFRS and CQC.

The inspectorates said there were limits to the force’s performance management because of:

• Poor recording on custody records and use of generic dropdown menus; this means that some information is inaccurate or isn’t recorded properly;
• A failure to record some key information, for example, how long it takes for appropriate adults to arrive in custody, or how long detainees wait for a mental health assessment;
• Not using available information to identify concerns and understand or improve how custody services affect detainee outcomes. For example, why voluntary attendance is falling, or how long immigration detainees wait before custody personnel transfer them; and
• Insufficient quality assurance arrangements to review custody records, assess how well the force provides services and identify areas to improve.

HMICFRS and CQC have recommended that within three months, the force should have “comprehensive governance structures” to manage custody performance and identify improvements, overseen by a senior officer. They should also identify concerns and how to address them.

To support this, the force should use comprehensive performance management and quality assurance to make sure it achieves appropriate outcomes for detainees.

West Yorkshire Police Assistant Chief Constable Pat Twiggs said “Our aim is to ensure the safety and efficiency of our custody suites across West Yorkshire, and I welcome the Inspectors’ findings which recognise our work in doing so – from identifying risk at first point of contact through to effective partnership working with healthcare colleagues to ensure vulnerable detainees receive prompt and appropriate support. The report also highlights and praises our successful efforts to divert children and young people away from custody which is something that remains a priority here in West Yorkshire.

“There are two causes of concerns raised by the inspectors – both of which centre on our governance and quality assurance. While we do collect and monitor a wealth of information across custody, I accept that we need to ensure the thorough and accurate recording of information and utilising these records to influence interventions and outcomes across criminal justice. I am committed to working with our custody teams to tighten up processes around the recording of information, particularly where we have used force, and I am confident we can improve in these areas.

“As the report says, we are open to external scrutiny around our custody processes and have a good working relationship with our county’s Independent Custody Visitors – these are volunteers who carry out random visits to our custody sites to check on the treatment of detainees and the condition of our suites. The scheme regularly recruits volunteers and welcomes new applicants through the West Yorkshire Combined Authority.”

Alison Lowe, Deputy Mayor for Policing and Crime, said she and the mayor will be setting up a new dedicated Independent Custody Detention Scrutiny Panel, which will also provide regular oversight of the response to the recommendations and the wider performance within custody.