Skip to main content

Prisons and Approved Premises

1. Using this Procedure

This procedure should be used by practitioners when:

  1. A person with existing care and support needs is to be detained in prison or approved premises; or
  2. A referral has been received to assess the care and support needs of a person who is detained in prison or approved premises; or
  3. A person with existing care and support needs is going to be transferred from one custodial setting to another; or
  4. A person with existing care and support needs is to be released from prison or approved premises.

2. Care and Support Functions

People in custody or custodial settings who have needs for care and support should be able to access the care they need, just like anyone else.

Unless set out in the sections of this procedure, all of the care and support functions and statutory requirements of the Care Act apply including:

  1. Access to information and advice about adult care and support;
  2. The duty to provide an independent advocate;
  3. The duty to assess on the appearance of need;
  4. Powers to provide urgent support and services pending assessment;
  5. The duty to meet eligible needs;
  6. Care and Support Planning;
  7. Personal Budgets;
  8. Review of a Care and Support Plan.

Guidance on all of the above processes can be found within the 'Establishing Needs', 'Meeting Needs' and 'Reviewing Support and Services' areas of your team homepage.

3. Ordinary Residence

Ordinary residence while detained

A person's ordinary residence does not change when serving a custodial sentence or being accommodated in approved premises. This is because they are not residing there voluntarily, having instead been detained against their will by the Ministry of Justice.

Under the Care Act, even though the person's ordinary residence has not changed it is the responsibility of the Local Authority in the area where they are being detained to carry out any required Care and Support functions and meet eligible needs. This includes the meeting of urgent needs and the provision of any equipment.

Ordinary residence upon release

If the person intends to stay in the Local Authority area where they are detained

If the person intends to stay in the Local Authority area where they are being detained:

  1. Their ordinary residence will change to that Local Authority; and
  2. That Local Authority should make plans to continue providing care and support upon release; unless
  3. The deeming provisions under Section 39 of the Care Act apply; in which case;
  4. Their ordinary residence will not change and the Local Authority in which they were living prior to detention remains responsible.
Need to know
  1. The person requires a placement in a care home (residential and nursing care), Supported Living Scheme or Shared Lives Placement; and
  2. The Local Authority in which the person is ordinarily resident has no suitable local services available; or
  3. The Local Authority in which the person is ordinarily resident agrees to the move because it is crucial to the person's wellbeing.

If the deeming provisions apply the Local Authority that is currently meeting their needs should:

  1. Contact the Local Authority in which the person is ordinarily resident; and
  2. The Local Authority where they are ordinarily resident should carry out any required care and support functions to arrange care and support upon release.

If the person intends to return to the Local Authority area where they were previously living

If the person intends to return to the Local Authority where they lived prior to their detention their ordinary residence will not change. The Local Authority that is currently meeting their needs should:

  1. Contact the Local Authority in which the person is ordinary resident; to
  2. Explain that the person intends to return to the area; and
  3. Agree continuity of care arrangements to support a smooth transition.

If the person intends to move to a whole new area

If the person intends to move to a whole new area upon release:

  1. Their ordinary residence will change to that Local Authority; and
  2. That Local Authority should make plans to provide care and support upon release; unless
  3. The deeming provisions under Section 39 of the Care Act apply; in which case;
  4. Their ordinary residence will not change and the Local Authority in which they were living prior to detention remains responsible.
Need to know

Deeming provisions under Section 39 of the Care Act apply when:

  1. The person requires a placement in a care home (residential and nursing care), Supported Living Scheme or Shared Lives Placement; and
  2. The Local Authority in which the person is ordinarily resident has no suitable local services available; or
  3. The Local Authority in which the person is ordinarily resident agrees to the move because it is crucial to the person's wellbeing.

4. Continuity of Care Arrangements

Understanding continuity of care arrangements

Continuity of care arrangements are a statutory requirement of the Care Act. They define the way that different local authorities in England should work collaboratively when:

  1. A person will be moving from one Local Authority area to another; and
  2. That person already has eligible care and support needs; and
  3. Their ordinary residence status will be changing; so as to
  4. Provide an undisrupted care and support service and smooth transition from one area to another.

Continuity of care arrangements normally only apply when a person intends to move from one Local Authority area to another and their ordinary residence will be changing as a result.

The continuity of care process and prisons

The Care and Support Statutory Guidance sets out that the relevant stages of the continuity of care process should also be applied to ensure a smooth transition in care and support services whenever:

  1. A person with existing care and support needs is to be detained in prison or approved premises outside of the Local Authority is which they are ordinarily resident; or
  2. A person with existing care and support needs is going to be transferred from a custodial setting in one area to a custodial setting in another area; or
  3. A person with existing care and support needs is to be released from prison or approved premises and intends to live in a different area to that where they are currently detained (and their ordinary residence will be changing).
Need to know

If the person is moving between areas in England the Continuity of Care arrangements set out in the Care Act apply, aside from the few differences set out below.

If the person is moving from or to England from another country of the UK you should seek legal advice, as the statutory Care and Support guidance in this area is currently under development.

If a person is to be detained in another area

The Local Authority that is meeting the person's eligible needs at the time they are detained (the first Authority) should notify the Local Authority where they are to be detained (the second Authority) at the earliest opportunity to agree Continuity of Care arrangements.

If a person is to be released into another area

If a person is going to be released into another area the first Local Authority (the Authority meeting their needs whilst detained) should be informed by:

  1. The Governor of the prison; or
  2. The Offender Manager of an approved premises; or
  3. Their representative.

The first Local Authority should then apply the continuity of care process to notify the second Local Authority and agree arrangements.

If a person is transferred to a custodial setting in another area

If a person is going to be transferred from a custodial setting in one area to a custodial setting in another area the first Local Authority (the Authority meeting their needs in the first area) should be informed by:

  1. The Governor of the prison; or
  2. The Offender Manager of an approved premises; or
  3. Their representative.

The first Local Authority should then apply the continuity of care process to notify the second Local Authority and agree arrangements.

The transferring and receiving prisons/ approved premises should also have a named member of staff to lead on arrangements during the transfer.

The Continuity of Care Procedure

Click here to access the Continuity of Care procedure for further guidance about agreeing arrangements, including arrangements regarding equipment and adaptations.

5. Information and Advice Upon Detention

If a person with care and support needs is to be detained it is likely that they will be feeling anxious and unclear about how their needs will be met.

It is therefore important that they are provided with good information and advice about the following:

  1. The impact of their detention upon current support and services;
  2. Any change in Local Authority responsibility to meet their needs;
  3. Confirmation that financial assessment still applies;
  4. Continuity of care processes; and
  5. The impact of any carer's support currently being provided.

6. The Advocacy Duty

The duty to provide independent advocacy in order to maximise the involvement of the person applies if:

  1. There is no appropriate other person to support and represent them; and
  2. The person is likely to experience substantial difficulty being fully involved in the Care and Support process without support.

You should be aware they the person will not have access to informal networks of support in the same way as they would in the community, so advocacy may be more likely.

For further information about the advocacy duty under the Care Act click here.

Need to know
The only Care and Support process where the duty to provide independent advocacy does not apply is safeguarding, because safeguarding is not the responsibility of the Local Authority when the person is detained in prison or an approved premises.

7. Establishing Needs

Need to know
Remember, unless set out below all of the procedures in the 'Establishing Needs' section of your team homepage apply.

Requesting an assessment

An assessment can be requested by:

  1. The person;
  2. With the person's consent, the person's representative (for example a family member or advocate);
  3. With the person's consent, the prison Governor (or their representative);
  4. With the person's consent, the Offender Manager of approved premises (or their representative); or
  5. If the person lacks capacity, a person acting in their Best Interests.
Need to know
The detained person has a right under the Care Act to self refer for an assessment, regardless of the views of the prison Governor or manager of the approved premises about their appearance of need.

The timing of an assessment

The Care and Support Statutory Guidance recognises that people who are detained:

  1. Can experience a swift deterioration in their individual wellbeing if their needs are unmet for extended periods; and
  2. That opportunity to prevent needs and promote independence can be missed.

As such it is important that assessments are carried out in a timely way following any referral made.

Maximising the involvement of the person

You should liaise with, and seek the co-operation of the staff at the prison or approved premises to ensure that all practicable steps are taken to maximise the involvement of the person in any assessment process.

This may be restricted by the regime of the setting, but you may need to negotiate:

  1. When consultation with the person can take place;
  2. How long consultation visits can last;
  3. If the person has requested the involvement of a particular person, whether the prison or approved premises can facilitate this;
  4. The level of staff presence required to supervise the person/manage risk during consultation;
  5. How staff can support the person to carry out any self assessment;
  6. How staff can support the person to understand information in between visits;
  7. Where relevant, how the involvement of an independent advocate will be facilitated.

Consulting with others

If the detained person consents, you can consult separately with family members for the purpose of assessment.

The method of assessment

All usual methods of assessment available in the Local Authority area apply. If self assessment is available and the person wishes to self assess, you should liaise with the staff at the prison or approved premises to identify a named person who can assist the person to complete a self assessment.

If the prison service is carrying out an assessment of any kind, for example a prisoners health assessment consideration should also be given to carrying out an assessment of need at the same time (or jointly) to avoid duplication for the person.

Talking about Wellbeing

When talking about wellbeing, this should be done in the context of the person's current circumstances. The aim is to:

  1. Promote their wellbeing whilst they are detained; and
  2. When due for release, promote their Wellbeing upon release.

Providing a copy of the assessment report

A copy of the assessment record should be provided to the person in all cases. Their consent should be sought to provide a copy to:

  1. The prison Governor; or
  2. The Offender Manager of approved premises; as
  3. This will support them to understand the person's needs and manage how they are to be met.

No eligible needs

If the person has no eligible needs to be met information and advice about prevention must be provided in writing to:

  1. The person; and
  2. The prison Governor; or
  3. The Offender Manager of the approved premises.

If the person does not have eligible needs to be met by the Local Authority they should be supported to liaise with the National Offender Management Service (NOMS) if they wish to make their own arrangements for care.

Refusing an assessment

The person can refuse an assessment in the same way as they can refuse an assessment if they were in the community unless:

  1. They lack capacity and it is in their Best Interests to have an assessment; or
  2. They are at risk of, or experiencing abuse or neglect.

8. Meeting Needs

Need to know
Remember, unless set out below procedure all of the procedures in the 'Meeting Needs' section of your team homepage apply.

Meeting urgent needs

If a detained person has urgent needs for care and support these should be met by the Local Authority in the area that they are detained subject to any assessment being carried out.

Prevention services

The Care and Support Statutory Guidance sets out that early consideration should be given to the benefit of prevention services for people who are detained.

Talking about Outcomes

When talking about outcomes, this should be done in the context of the person's current circumstances. The aim is to agree:

  1. Outcomes that are realistic and achievable whilst they are detained; or
  2. If due for release, outcomes that are realistic upon release.

If a person has a particular outcome they would like to achieve whilst detained, for example regarding education or fitness you should liaise with the prison staff about how they can be supported to do so.

Care and Support Planning

Maximising the involvement of the person

You should liaise with, and seek the co-operation of the staff at the prison or approved premises to ensure that all practicable steps are taken to maximise the involvement of the person in any Care and Support Planning process.

This may be restricted by the regime of the setting, but you may need to negotiate:

  1. When consultation with the person can take place;
  2. How long consultation visits can last;
  3. If the person has requested the involvement of a particular person, whether the prison or approved premises can facilitate this;
  4. The level of staff presence required to supervise the person/manage risk during consultation;
  5. How staff can support the person to consider care and support options available;
  6. Where relevant, how the involvement of an independent advocate will be facilitated.

The involvement of staff

A representative from the prison or approved premises should be involved in Care and Support Planning, so that:

  1. The care and support proposed can be accommodated by the setting; and
  2. The person's outcomes can be supported.

Consultation with others

If the detained person consents, you can consult separately with family members for the purpose of Care and Support Planning.

Restricted available services

The regime or environment may restrict the nature of the care and support services available to the person. It is important that available options are identified at an early stage and that Care and Support Planning is realistic.

Safeguarding issues

If any safeguarding issues are identified during Care and Support Planning these should be:

  1. Identified in the plan; and
  2. Reported to the prison Governor; or
  3. Reported to the Offender Manager of the approved premises.

Equipment and adaptations

A detained person is entitled to equipment and adaptations to meet their eligible needs in the same way as anyone else.

Where mobile or specialist equipment, such as seating is required the Local Authority should arrange to provide these items (unless it is the responsibility of the NHS to provide them).

Where minor works or adaptations are required (for example a grab rail or a ramp) it is usually the responsibility of the prison or approved premises to provide this, as it involves a structural change to the building.

When arranging equipment or an adaptation for a person in prison you should refer to available local guidance agreed by the Local Authority, the custody setting and the NHS.

Providing a copy of a Care and Support Plan

A copy of the Care and Support Plan should be provided to the person in all cases. A copy should also be provided to:

  1. The prison Governor; or
  2. The Offender Manager of approved premises; as
  3. They need to understand the plan to ensure that the person is being supported as intended.

If the person moves to another setting, or is released their consent should be sought to share the most recent Care and Support Plan with any new setting.

9. Direct Payments

In prison

Direct Payments cannot be provided to a person detained in prison under any circumstances.

In approved premises

People in bail accommodation and approved premises who have not yet been convicted are entitled to a Direct Payment, as they would have been whilst in their own homes. If subsequently convicted, the Direct Payment should be withdrawn.

10. Financial Assessment

The charging rules set out in the Care Act apply equally to people detained in prison or approved premises.

If a person is already receiving care and support services upon detention a financial reassessment should be requested, so that any changes to their income and benefits can be considered.

Click here to access the financial assessment procedure, for further information about requesting a financial reassessment.

11. Joint Work

There is a particular need to work well with staff in the prison or approved premises to ensure that:

  1. The person's eligible needs are met whilst detained; and
  2. The person is supported to achieve their outcomes.

Joint work will involve:

  1. Effective sharing of information;
  2. Co-operation when carrying out care and support processes to ensure the person's involvement is maximised;
  3. Joint assessment processes where possible (for example a prisoners health assessment);
  4. Identifying available care and support options that can be accommodated by the setting;
  5. Monitoring how well the Care and Support Plan is working; and
  6. Continuity of care processes if the person moves area or is released into another area.

Where the person has health needs there will also be a need to joint work with any lead health professionals, which could include anything from consultation to joint funding of services.

12. Reviewing Support and Services

All statutory review requirements apply when a person in prison has a Care and Support Plan. However, the Care and Support Statutory Guidance sets out that the plan should also be reviewed:

  1. Each time the person enters custody from the community; and
  2. Each time the person is released from custody.

13. Planning for Release

It is important to understand the person's ordinary residence upon release, as this will determine which Local Authority is responsible for meeting their eligible needs (and hence planning for their release).

Click here to access the ordinary residence section of this procedure, which sets out when different responsibilities apply.

The Local Authority that is responsible for meeting the person's eligible needs upon release should:

  1. Carry out all required Care and Support functions prior to release; and
  2. Arrange all required services for the day of release; and
  3. If not able to do so, provide the same services (or equivalent services) as were being provided in the setting until care and support functions have been carried out.

14. Safeguarding

Before detention

The Local Authority where the person 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 person has been detained.

Any safeguarding enquiries on-going at the time of the person's detention should be concluded by the Local Authority.

During detention

After the person 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 person 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).
Need to know
The prison Governor is responsible for responding to any safeguarding concerns raised in prison and ensuring that any safeguarding enquires are carried out. The National Offender Management Service (NOMS) is responsible for responding to any concerns raised regarding approved premises.

Concerns relating to abuse or neglect prior to detention

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 person to gather information).

Concerns relating to abuse or neglect in another detention setting

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 person to gather information).

After release

After release the Local Authority in the area where the person 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).

Concerns relating to abuse or neglect while detained

If a safeguarding concern relates to neglect or abuse that occurred (or may have occurred) whilst the person was detained the prison Governor or the Offender Manger of an approved premises is responsible for:

  1. Responding to the concern; and
  2. Managing any safeguarding enquiries; but
  3. The Local Authority may assist them to do so (for example speaking to the person to gather information).

Concerns relating to abuse or neglect in another Local Authority area

If a safeguarding concern relates to neglect or abuse that occurred (or may have occurred) in another Local Authority area, the other Local Authority is responsible for:

  1. Responding to the concern; and
  2. Managing any safeguarding enquires; but
  3. The second Local Authority may assist them to do so (for example speaking to the person to gather information).

Responding to abuse or neglect in a prison or approved premises

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

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

  1. Explain to the person 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 on the person's electronic file; and
  2. Identify the concerns in any Care and Support Plan; and
  3. Co-operate in any safeguarding enquiry as requested.

Advocacy

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.

Supporting a safeguarding enquiry

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 in doing so; when
  2. The concerns or situation is challenging or complex; and
  3. The Local Authority should provide information and advice as requested.

15. Complaints and Investigations in Prisons

The Prisons and Probation Ombudsmen (PPO) conducts investigations in prisons following complaints about prison services (including care and support provided in prisons), as well as deaths in custody or other significant events.

The Local Authority is required under the Care Act to co-operate with any investigation when requested to do so by the PPO. This includes:

  1. Providing relevant assessments and other documents;
  2. Providing relevant information;
  3. Contributing to action plans;
  4. Attending inquests.

16. Carers

Family and friends

You will need to consider whether any carer remains eligible for support at the point that a person is detained, based upon:

  1. The nature of on-going care that they now provide; and
  2. The impact of that care on their wellbeing.

Other detained persons

It is not the intention of the Care Act that any prisoner, resident of approved premises or staff in prisons or approved premises should take on the role of carer as defined by the Act and should therefore not in general be entitled to a carer's assessment.

17. Transition to Adult Care and Support

If a young person with Care and Support needs is approaching transition all general transition procedures apply. This includes transition planning, which may need to incorporate the facilitation of a smooth transition from children's to adult's custodial setting if the young person is not due for release.

18. NHS Continuing Healthcare

If a person has a primary need for healthcare they may be eligible for NHS Continuing Healthcare, in the same way as they may be eligible in the community.

Click here to access the NHS Continuing Healthcare procedure, which sets out how to identify when a person may be eligible, and how to facilitate access to an assessment to determine eligibility.

19. End of Life

A person who is detained in prison of in approved premises is entitled to end of life care in the same way as a person in the community.

End of life care will often mean a change in accommodation to ensure that any palliative care is provided appropriately and with dignity. If this means a change in Local Authority area the continuity of care arrangements will apply, as the responsibility to meet the person's needs will also move to the new area.

Click here to access the End of Life procedure, which sets out what steps to take to ensure that a person is provided with end of life care in a timely way.

20. Deprivation of Liberty

Deprivation of liberty procedures do not apply in any form whilst the person is detained in prison or approved premises.

If the person is likely to be deprived of their liberty in order to receive care or treatment upon release you should take appropriate steps to ensure that the deprivation is:

  1. In the person's Best Interests; and
  2. If so, authorised.

Telford Adult Social Care Procedures