Memorandum of Understanding. between. Healthcare Inspectorate Wales (HIW) and. Her Majesty s Inspectorate of Prisons (HMIP)

Transcription

1 Memorandum of Understanding between Healthcare Inspectorate Wales (HIW) and Her Majesty s Inspectorate of Prisons (HMIP)

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3 Memorandum of Understanding between Healthcare Inspectorate Wales and Her Majesty s Inspectorate of Prisons Contents Page 1. Introduction Scope of the Memorandum of Understanding Principle of joint working between HIW and HMIP Functions covered:... 2 Reviews and inspection;... 3 Co-ordination and exchange of information;... 4 Levels of co-operation;... 4 Procedures for Collaborative Working and Escalation;... 5 Areas for joint work and collaboration;... 5 External communications Reconciliation of disagreement Implementing this Memorandum... 6 Annex A: Statutory functions of HIW and HMIP... 7 Annex B: Information sharing protocol... 9 Annex C: Points of contact i

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5 Memorandum of Understanding between Healthcare Inspectorate Wales, (HIW) and HM Inspectorate of Prisons (HMIP) 1. Introduction 1.1 The objective of this Memorandum of Understanding is to outline the framework that HIW and HMIP have agreed for collaboration and co-operation in relation to the inspection of health services in places of detention. 1.2 HIW was established on 1 April 2004 and is responsible for reviewing the quality and safety of healthcare commissioned and provided by healthcare organisations in Wales. HIW also drives the improvement of healthcare in Wales. 1.3 HMIP for England and Wales (HMI Prisons) is an independent inspectorate which reports on conditions for and treatment of those in prisons, young offender institutions and immigration detention facilities. 1.4 The statutory functions of HIW and HMIP are set out in Annex A. 2. Scope of the Memorandum of Understanding 2.1 This Memorandum defines the circumstances in which, and the processes through which, HIW and HMIP will co-operate when carrying out their respective functions in Wales. 2.2 It describes how the two Inspectorates interests and responsibilities will complement each other and avoid duplication or confusion. This will enable prisons and Local Health Boards in Wales to be clear about their accountability and the staff of both HIW and HMIP to be clear about when and how their work will be co-ordinated. 2.3 HMIP has a statutory duty to inspect healthcare and substance use within custodial settings. HIW has the responsibility to inspect the quality and safety of patient care commissioned and provided by healthcare organisations in Wales. With regards to prison settings, HIW s focus is in relation to the quality and safety standards and governance arrangements for the provision of prison health services by the Local Health Boards (LHBs). Joint working arrangements set out in the Memorandum do not currently cover private prison estate unless an independent provider of healthcare registered with HIW provides the healthcare within the prison. 2.4 Nothing in this Memorandum affects the statutory duties of HIW or HMIP or the responsibilities and reporting rights of either organisation, even where they have decided to work collaboratively. This Memorandum does not place additional legal obligations on either organisation, nor does it imply any transfer of responsibility from one to the other, nor sharing of statutory functions. In 1

6 operating within the terms of this Memorandum, each organisation will continue to work within their respective statutory frameworks and functions at all times. 2.5 Equally, either organisation can decline a request to collaborate on a specific piece of work on the grounds of efficiency or effectiveness or because to do so is deemed either not to be in the best interests of those using services or directly conflicts with either organisation s statutory duties, policies or functions. 2.6 The relevant officers (as named in Annex C) in each organisation will monitor and keep under review areas of co-operation and areas where co-operation has been deemed inappropriate as part of the annual review of the working of this Memorandum. 3. Principles of joint working between HIW and HMIP 3.1 HIW and HMIP will seek to ensure effective joint working through the following: HIW and HMIP will respect each other s independent status and will cooperate when necessary or appropriate; The working relationship of HIW and HMIP will be governed by the need to deliver maximum benefits to those using prison healthcare services and the need to avoid unnecessary duplication and overlap; HIW and HMIP will work together in undertaking their respective functions when this contributes most to improvements in prison healthcare services; HIW and HMIP will work together to encourage the development of consistent, high quality, accurate information in relation to prison healthcare services; and HIW and HMIP will be open and transparent in their decisions about when and where it is considered appropriate for them to work collaboratively. 4. Functions covered 4.1The remaining sections of this Memorandum of Understanding set out the principles and processes, which HIW and HMIP will follow when working cooperatively. reviews and inspection; co-ordination and exchange of information; levels of co-operation; procedures for Collaborative Working and Escalation; areas for joint work and collaboration; and external communications. 2

7 Reviews and Inspection 4.2 HIW and HMIP may, by agreement undertake joint inspections or reviews of any provision/ provider of prison health services for which they both have responsibilities. Such joint inspections will be carried out by the two organisations retaining their separate statutory powers, functions and reporting requirements. HMIP Inspections of Prisons 4.3 HMIP will have a usually entirely unannounced inspection programme. They will set a minimum frequency for inspection of all types of establishment but within this will make the timing of inspections less predictable and the deployment of resources more flexible, based on considered intelligence and proactive risk assessment. Every inspection will include an assessment of progress in implementing previous recommendations 4.4 HMIP will inform HIW at the start of every quarter whether an inspection is planned to take place in Wales in the following quarter. If this is the case, HMIP will not tell HIW which prison it will be, but will be able to provide the date of the inspection. HIW will allocate time for a member of staff to be available on this date to accompany HMIP on the inspection. HMIP will inform HIW of the prison and arrangements for the inspection the week before it takes place. The HIW Inspection Manager will send relevant information to HMIP s health inspector, in line with the relevant frameworks, prior to the visit where timescales allow. 4.5 HMIP will lead the inspections and report on the health outcomes for prisoners within the prisons. HIW will accompany HMIP on their routine inspections of prisons in Wales (every 5 years). HIW will provide staff to join for one day per inspection to focus on the clinical governance element of the inspection. HIW staff will provide the HMIP health inspector with feedback on the clinical governance arrangements, in line with the Welsh Government s Doing Well, Doing Better - Standards for Health Services in Wales, which will be mapped to the HMIP document entitled Expectations - Criteria for assessing the conditions in prisons and the treatment of prisoners (January 2012), as relevant. 4.6 HIW will undertake reviews of Local Health Boards (LHB) in accordance with its published programme. HIW will share relevant information from these reviews with HMIP as laid down in this Memorandum. 4.7 The HIW Inspection Manager will share the relevant information of the Local Health Board in line with the relevant frameworks with the HMIP health inspector prior to and during the visit, as appropriate. This information will cover how expectations and the healthcare standards for Wales are met in relation to the provision/commissioning of healthcare services in prisons by the Local Health Board. 4.8 HMIP will send a copy of all draft inspection reports to the Head of Inspection, HIW, approximately eight weeks following the conclusion of a joint inspection of a Welsh prison, so that any factual inaccuracies in the reports can be clarified. Draft reports will also be sent to the Prison Service Area Manager and/or Director of Offender Management Wales and the Governor of the prison. 3

8 4.9 HMIP will send a final draft (embargoed) report simultaneously to the Deputy Chief Executive, HIW, the Director General of the Prison Service and the Prison Service Briefing Unit, or the Director of Offender Management Wales and/or other relevant National Offender Management Service Director at least four to five working days prior to publication The Prison Service Area Manager and the Governor/Director for the prison are required to draw up an action plan within three months of publication of the report and return it to HM Chief Inspector of Prisons with a copy to the Deputy Chief Executive, HIW. Where the final report identifies issues that relate to the Local Health Board, the Deputy Chief Executive, HIW, will ensure that an action plan is drawn up by the Local Health Board responsible for commissioning healthcare in the prison within three months of publication of the report and forward it to HMIP Head of Health Inspection. A copy of the letter sent to the Local Health Board requesting an action plan will be sent to the Prison Service Area Manager. A copy of the action plan will also be sent to the Prison Service Area Manager. Co-ordination and Exchange of Information 4.11 Subject to any statutory restrictions, HIW and HMIP will share information about trends, concerns, data, approaches and initiatives, which are relevant to the shared aim of ensuring that prison healthcare services are being practised to relevant standards and that data collection is sufficiently robust to identify all relevant complications and outcomes. Details of how information will be shared and the principles underpinning the handling, processing and storing of such information are set out in Annex B In sharing information under the provisions of this Memorandum through any protocols and otherwise, HIW and HMIP will comply with all relevant legislation, including the Data Protection Act 1998, the Human Rights Act 1998, section 143 of the Health and Social Care (Community Health and Standards) Act 2003 and the common law duty of confidentiality as well as all other policies, procedures, codes of practice, frameworks and other similar documents particular to both bodies Each organisation will keep the other informed of relevant activities relating to other parts of the United Kingdom or the UK as a whole. Levels of co-operation 4.14 Each organisation, through their respective senior representatives, undertakes to keep the other informed on matters of strategic mutual interest The working relationship between HIW and HMIP will be characterised by regular contact and open exchange of information, including formal and informal meetings at all levels. HIW and HMIP will meet biannually and one of these meetings will be used to update the Memorandum. 4

9 Procedures for collaborative working and escalation 4.16 It is possible that either organisation will receive information which bears upon the other s responsibility. Given the overriding need to protect the interests of prisoners, it is important that both organisations, through this agreement, encourage a culture of mutual trust and understanding and be willing to share relevant information The interests of prisoners should remain paramount and where issues relate to the fitness to practise of healthcare professionals, this information should be referred to the appropriate regulatory body for further investigation. Nothing in this Memorandum seeks to preclude HMIP or HIW from taking action that is justifiable to safeguard prisoners and/ or staff. Areas for joint work and co-ordination 4.18 The full range of functions of both HIW and HMIP are summarised in Annex A. Among them, the areas for joint work and co-ordination are: Regular inspection of the provision of healthcare services for prisoners in Wales; Assessment of the provision/commissioning of healthcare services for prisoners in Wales; Advice and information to ministers, service providers and commissioners and the public In support of these, HIW and HMIP will share information and intelligence, and pool knowledge and expertise as appropriate and as needed to achieve the objectives of this Memorandum. HIW and HMIP will also co-ordinate activity and in particular inspections or other steps to follow up concerns The ways in which HIW and HMIP will do this in practice are set out in the protocol appended to this Memorandum at Annex B. The protocol will be reviewed annually and revised or added to as the need arises. External communications 4.21 HMIP will send a copy of relevant press releases (embargoed) to HIW in advance of the publication of HMIP reports of inspections in Wales. HMIP and HIW will also inform each other of external communications related to the performance of prison healthcare. This could include: the timing of press releases and any other publications relevant to the inspection process; involvement, as appropriate, in conferences and other public discussions; and assistance in the dissemination of information about good practice in prison healthcare. 5

10 5. Reconciliation of disagreement 5.1 Any disagreement between HMIP and HIW will normally be resolved at working level between the relevant officials. If this is not possible, it may be referred upwards through those responsible for operating this Memorandum, up to and including HM Chief Inspector of Prisons and the Chief Executive of HIW who will jointly be responsible for ensuring a mutually satisfactory resolution. 6. Implementing this Memorandum 6.1 HIW and HMIP will review this Memorandum annually. The reviews will include consideration of: whether any revision is needed to this Memorandum; and whether any changes are needed to working arrangements so that this Memorandum can be put into practice effectively. 6.2 The officers named in Annex C to this Memorandum will meet on a regular basis, at a minimum biannually. Signed: DR PETER HIGSON Chief Executive Healthcare Inspectorate Wales Signed: NICK HARDWICK CBE Chief Inspector HM Chief Inspector of Prisons 6

11 Statutory Functions Annex A Her Majesty s Inspectorate of Prisons (HMIP) HMIP was established as an independent inspectorate in It carries out its functions under section 5A of the Prison Act 1952, as amended by section 57 of the Criminal Justice Act Its main statutory functions are to inspect and report to the Secretary of State on conditions for and treatment of those detained in prison establishments in England and Wales and the inspection of immigration removal centres in England, Wales and Scotland. In addition, the Inspectorate inspects, by invitation, prison establishments in Northern Ireland, the Channel Isles and certain Commonwealth territories, as well as immigration short-term holding facilities, the Military Corrective Training Centre, Colchester, and the Sovereign Base Areas, Cyprus. In determining the inspection programme, the HMIP chief inspector will use their judgement and expertise in deciding what to inspect, how inspections should be carried out, what the findings should be and whether an inspection is to be announced or unannounced. They will also publish the methodology against which HMIP inspects places of detention including how the findings are supported. Healthcare Inspectorate Wales (HIW) HIW carries out the functions conferred upon the National Assembly for Wales in Chapter 4 of Part 2 of the Health and Social Care (Community Health and Standards) Act The functions of the National Assembly for Wales have now been transferred under the new constitutional arrangements brought into effect by the Government of Wales Act 2006 to the Welsh Ministers. HIW now performs these functions on behalf of the Welsh Ministers. HIW s core responsibility is to undertake reviews and investigations into the provision of NHS funded care either by or for Welsh NHS organisations in order to provide independent assurance about and to support the continuous improvement in the quality and safety of Welsh NHS funded care, including that provided in prisons. The frameworks of Healthcare Standards set by the Welsh Government are central to the way in which HIW assesses Welsh NHS organisations and Welsh NHS funded care, the most recent of which are set out in Doing Well, Doing Better Standards for Health Services in Wales dated April HIW is, responsible for the regulation of independent healthcare providers under the Care Standards Act The regulation of such establishments is governed by the Independent Health Care (Wales) Regulations However, under those Regulations, an establishment is excepted from being classed as an independent hospital under section 2 of the Care Standards Act 2000 if it is an establishment which is, or forms part of, a prison, remand centre, young offender institution or secure training centre within the meaning of the Prison Act Similarly, independent clinics or independent medical agencies are not required to be 7

12 registered by HIW if the medical services are provided only under arrangements made on behalf of patients by a prison or similar establishment. 8

13 Protocol for Sharing Information Annex B The purpose of sharing information is to enable HIW and HMIP to have as full a picture as possible of performance, while avoiding duplicate information requests of inspected bodies. This protocol sits in the context of relevant law, duties and codes of practice. Nothing in it can override each organisation's obligations to respect where information is confidential, or where it has been provided on the understanding that it will not be shared further; similarly, nothing in this protocol should prevent either body from providing information to other parties (such as professional regulators) where appropriate to safeguard prisoners, visitors, staff or the public. Relevant Statutory and Common Law The HIW and HMIP acknowledge that the following are relevant to the sharing of information: - Data Protection Act Freedom of Information Act Human Rights Act Common Law Duty of Confidentiality - Health and Social Care (Community Health and Standards) Act 2003 How Information will Be Shared Systematic sharing of information: HIW will share information with HMIP on findings related to its inspections and investigations and information related to LHBs as commissioners of prison healthcare in Wales. This will be done in the following ways: HIW Clinical Reviews of Deaths in Prison: From 1 April 2008, HIW has undertaken the clinical review element of investigations into deaths in prison for the Prison and Probation Ombudsman (PPO). The PPO share their reports with HMIP prior to an inspection. As and when appropriate, HIW will share any other relevant information, such as thematic reviews and analysis which HIW may undertake based on its clinical reviews, and specific concerns about prisons uncovered through clinical reviews which may be relevant to HMIP s monitoring and inspection role. Ad hoc sharing of information: HIW will share information with HMIP from its programme of inspections and any investigations by ensuring that HMIP have early sight of recommendations related to the organisations, once they have been validated. The mechanisms for doing this will be via the points of contact as set out in this Memorandum. 9

14 HIW Corporate Information: HIW will ensure that HMIP receive its corporate information as appropriate, including: quarterly newsletter; published inspection and investigation reports; annual report; and published work programme. HMIP/HMIC Inspections of Police custody conditions: HMIP work collaboratively with HMIC to inspect police custody suites in England and Wales. HMIP will inform HIW of their intention to inspect custody suites in any police force in Wales and will provide HIW with a copy of the final report. HMIP Inspection of Court cells: HMIP will inform HIW of their intention to inspect court cells in Wales and will provide HIW with a copy of the final report. HMIP Corporate Information: HMIP will share their business plan and other corporate information with HIW as appropriate. 10

15 Points of Contact Annex C HIW Contact: Charlie Thomas Head of Inspections Healthcare Inspectorate Wels Bevan House Van Road CAERPHILLY CF83 3ED Charlotte.Thomas@Wales.GSI.Gov.UK Tel: HMIP Contact: Elizabeth Tysoe Head of Health Inspection Ashley House 2 Monck Street LONDON SW1P 2BQ Elizabeth.Tysoe@hmiprisons.GSI.Gov.UK Tel: