3 ROLE, FUNCTIONS AND TITLE
The Role of a Visiting Committee
3.1 The review group took the view that it was fundamental to clarify the role of the VC in a way that recognised its role in relationship to the Prisons Inspectorate and the Scottish Prisons Complaints Commissioner ( SPCC) and its independence from the SPS and a role that would be consistent with the developing policy on reducing reoffending. The role of a VC should be to:
- provide community-based and frequent independent scrutiny of Prisons, Young Offenders' Institutions ( YOI) and Legalised Police Cells as places which hold individuals who have been deprived of their liberty in the public interest;
- provide independent assurance that the ethos, processes, practices and conditions of a Prison or YOI contribute to a safe, humane and decent environment in which prisoners' rights are respected and where they are provided with opportunities to prepare for release in ways likely to reduce their reoffending;
- comment from an independent perspective on the effectiveness of the Prisoner Complaints ( CP) system in providing robust, timely and fair responses to prisoners with complaints so that prisoners will have confidence in the system;
- complement the CP system as a channel for complaints in a way which clearly distinguishes the VC role from that of the CP system;
- be an active partner in providing balanced information to the wider community to deepen its understanding of what happens within prisons and to encourage the community to support the re-settlement of offenders;
- be visible and accessible to prisoners with their role clearly understood; and
- promote constructive relationships with other prison agencies particularly the SPCC and HM Chief Inspector of Prisons.
3.2 Clarifying the Role
Community Based
3.2.1 The importance of VC members being community based should be stressed within their role. As individuals are imprisoned on behalf of the public, it is a public right and responsibility to ensure that this is done in a decent and humane way. Equally, there is a broad community interest in prison practices contributing to a reduction in reoffending. The VC is a practical expression of the rights and responsibilities of the community in relation to the prison system.
Reducing Reoffending
3.2.2 The group agreed that VCs could contribute to the developing policy on reducing reoffending by specifically reporting on work in the prison on preparation for release. As a related issue VCs should take specific interest in facilities and arrangements for visitors and should make regular contact with them.
Independent Assurance
3.2.3 When, through complaints or other sources, a VC is concerned that the ethos, processes, practices and conditions of an establishment are not contributing to an appropriate environment, the VC should raise the matter with the Prison Governor in the first instance. Failing satisfactory responses from local prison management, the VC may then raise the matter with SPS nationally and/or the Community Justice Authority ( CJA) to whom they report. If still unable to achieve satisfactory resolution, the Committee may raise the matter with the Scottish Ministers.
Extent of Remit of Visiting Committees
3.2.4 In relation to prisoner escorts, VCs may take up a complaint from a prisoner relating to prisoner escorting. This would not create a requirement to 'visit' prisoners under escort but would give appropriate authority to enquire into escorting arrangements and to draw any issues to the attention of the Governor.
3.2.5 The review group noted that there was some uncertainty about where responsibility rests for independent monitoring of holding cells at courts. Since these are not "penal establishments" they do not fall within the remit of VCs. It was agreed that this matter be remitted to the Justice Department to raise with the appropriate authorities 3.
3.2.6 As noted in paragraph 3.2.2 above, VCs should take a very clear interest in the work done in prison to prepare prisoners for release and by involvement in the work of links centres within prisons, they will integrate with and be aware of the work of outside agencies. They may then report on perceived inadequacies of the preparation for release programmes. However, the group felt that this should not extend the remit of VCs to visiting and monitoring of ex-prisoners once they were returned to community as this would detract from the principle importance attached to visiting those who are deprived of their liberty.
Complaints
3.2.7 For the sake of clarity for prisoners, staff and VC Members, a model protocol for dealing with prisoners' complaints should be agreed between the SPS and the AVC with amendments to suit local circumstances agreed between the Governor in Charge and the local VC. In working out this protocol, the SPCC should be involved.
This protocol should, inter alia:
- preserve the independence of the VC;
- outline the right of VC members to act in an advocacy role on behalf of prisoners and as a voice representative of the public;
- recognise the existence of the prisoner complaints process and outline ways in which the VC can relate to it, recognising that prisoners need to have clarity about respective roles and responsibilities;
- ensure VCs are able to comment from an independent perspective on the effectiveness of the system;
- make special provision for vulnerable prisoners; and
- indicate the ways in which the VC can progress wider ranging complaints, including those affecting more than one establishment.
RECOMMENDATION 2: The SPS and the AVC with involvement of the SPCC should create a simple model protocol to clarify the role of VC members in relation to complaints and should ensure that there is a clear communications strategy to ensure that this is made known to all involved.
Title
3.3 The review group took the view that the present name, "Visiting Committee" did not accurately represent the true nature of the role. The review group accepted the recommendation from the AVC to adopt the name, "Independent Monitoring Board" as better reflecting the status and role of Visiting Committees. It is the same as that now in use in England & Wales and will be clearly understood by those prisoners moving between the two systems. Independent Monitoring Board or IMB would be the normal working title. Collectively they will be known as Independent Monitoring Boards for Scottish Penal Establishments. The review group agreed that the change of name should commence from 1 April 2007 to tie in with CJAs becoming fully operational. For consistency, this report will continue to use the title Visiting Committee ( VC) rather than Independent Monitoring Board. The secretariat of the review group was asked to deal with any legal matters relating to the planned change of name.
RECOMMENDATION 3: From 1 April 2007 Visiting Committees shall formally be known as Independent Monitoring Boards for Scottish Penal Institutions.
Role of the Association of Visiting Committees
3.4 By virtue of the recommendations made throughout this report, it is clear that the review group took the view that there was a continuing and indeed enhanced role for the Association and, in particular that it may be commissioned to carry out particular functions on behalf of the Scottish Executive, e.g. oversight of a training strategy. It was therefore thought necessary to clarify the role of the AVC. It is noted that the AVC has no statutory role but it should be recognised as being the body with the authority to speak as a collective voice for VCs. The specific functions for the Association should be:
- to act as the collective voice for VCs;
- to provide guidance and advice on training, hold the training records and to advise local VCs and the appropriate CJA of any members failing to carry out mandatory training;
- to liaise with other agencies and organisations at a national level and to agree national procedures for the guidance of local VCs; and
- to organise conferences and events at national level.
RECOMMENDATION 4: The Executive should draw on the AVC to provide national level support to VCs and should identify resources to be provided for this purpose.