Safeguarding in Prisons and Approved Premises

The local authority where the adult was living prior to detention has a statutory duty to:

1. Respond to any safeguarding concerns; and
2. Manage any safeguarding enquires; until
3. The adult has been detained.

Any safeguarding enquiries on-going at the time of the adult's detention should be concluded by the local authority.

After the adult has been detained the prison Governor or the Offender Manger of an approved premises has a statutory duty to:

1. Respond to any new safeguarding concerns; and
2. Manage any safeguarding enquiries relating to those new concerns; unless
3. Those concerns relate to harm or abuse that occurred (or may have occurred) prior to detention (see below); or
4. If the adult has been transferred from another detention setting, those concerns relate to harm or abuse that occurred (or may have occurred) in that setting (see below).

If a safeguarding concern relates to neglect or abuse that occurred (or may have occurred) prior to detention, the local authority in the area where the abuse occurred is responsible for:

1. Responding to the concern; and
2. Managing any safeguarding enquires; but
3. The staff at the prison or approved premises may assist them to do so (for example speaking to the adult to gather information).

If a safeguarding concern relates to neglect or abuse that occurred (or may have occurred) in another detention setting, the prison Governor or Offender Manager of an approved premises is responsible for:

1. Responding to the concern; and
2. Managing and safeguarding enquiry; but
3. The staff at the new detention setting may assist them to do so (for example speaking to the adult to gather information).

After release the local authority in the area where the adult now lives has a statutory duty to:

1. Respond to any new safeguarding concerns; and
2. Manage any safeguarding enquiries relating to those new concerns; unless;
3. Those concerns relate to harm or abuse that occurred (or may have occurred) during detention (see below); or
4. Those concerns relate to harm or abuse that occurred (or may have occurred) in another local authority area (see below).

Any prison or approved premises should have clear safeguarding policies and procedures that should be explained to all visitors.

If you believe that an adult in prison or an approved premises is experiencing, or at risk of experiencing abuse or neglect you should:

1. Explain to the adult that you have a duty to report your concerns (even if they object); and
2. Refer to the available procedures of the prison or approved premises; to
3. Report concerns to the prison Governor or the Offender Manager at the approved premises.

You should also:

1. Make a record of the concern you have raised; and
2. Identify the concerns in any Care and Support Plan or Care Plan; and
3. Co-operate in any safeguarding enquiry as requested.

It is the responsibility of the body that is required to respond to (and investigate) any safeguarding concerns to:

1. Consider whether the duty to provide independent advocacy applies; and
2. If so, provide independent advocacy.

If the prison Governor or the Offender Manager of an approved premises is carrying out a safeguarding enquiry they may:

1. Seek the advice of the local authority or partner agency in doing so; when
2. The concerns or situation is challenging or complex; and
3. The local authority or partner agency should provide information and advice as requested.