Memorandum from the Independent Monitoring
Boards' Secretariat
INDEPENDENT MONITORING
BOARDS
1. Independent Monitoring Boards (IMBs)
perform a "watchdog" role on behalf of Ministers and
the general public by providing an independent oversight of the
care of those held in custody or detention in prisons and immigration
removal centres.
2. The Boards are made up entirely of volunteers
and have a valuable and important role to play in ensuring that
prisoners and detainees are cared for decently and humanely. There
is a Board attached to each of the 138 prisons and nine immigration
removal centres in England and Wales.
DUTIES OF
INDEPENDENT MONITORING
BOARDS
3. IMB members in prisons are appointed
under the Prison Rules 1999 (as amended) and Young Offender Institution
Rules 2000. IMB members in immigration removal centres are appointed
under the Immigration and Asylum Act 1999.
Note: Until April 2003, IMBs were known
as "Boards of Visitors" (in prisons) and Visiting Committees
(in immigration removal centres). They are still referred to in
the legislation under their old titles.
4. Boards are required to satisfy themselves
about:
— the treatment of the prisoners (or
detainees);
— the state of the prison (or immigration
removal centre) premises; and
— the administration of the prison
(or immigration removal centre).
5. Members are encouraged to visit the establishment
on a regular basis and to get to know the prisoners (or detainees),
staff and management whilst maintaining their independence. They
have access to the establishment at any time and may interview
any prisoner (or detainee) who wishes to see them, if necessary
out of the sight and hearing of a member of staff. They may also
be asked to attend serious incidents to monitor what is taking
place.
6. Boards meet regularly, usually monthly,
to consider various issues brought to their attention during visits
by members, by prisoners (or detainees) or by staff. In addition
Boards are required to inquire into and report upon any matter
into which the Secretary of State asks them to inquire and to
direct the attention of the Governor, Centre Manager or Secretary
of State (as appropriate) to any matter which they consider calls
for their attention.
7. Each Board submits an annual report to
the Secretary of State reporting on the above issues and including
any advice and suggestions it considers appropriate.
THE ROLE
OF THE
NATIONAL COUNCIL
8. The National Council for Independent
Monitoring Boards is made up of nine elected Board members plus
up to three non-voting members, co-opted to assist the Council
in specialist areas. The Council's main purpose is to provide
strategic direction, policy development, guidance on recruitment,
communications, training and quality control to Boards to help
ensure they fulfil their statutory duties efficiently and effectively.
9. The National Council is also responsible
for liaison with the Prison Service, Immigration and Nationality
Directorate (IND) and other organisations. Council members, both
individually and collectively, promote issues raised by Boards
and endeavour to influence policy makers on the basis of Boards'
considerable experience.
10. The National Council is chaired by a
non-executive President, appointed by the Secretary of State.
THE ROLE
OF THE
SECRETARIAT
11. Independent Monitoring Boards are supported
by a Secretariat in the Home Office, whose main objectives are
as follows:
— to ensure that IMBs, the National
Council and the Secretariat are adequately funded;
— to give advice to Ministers on matters
relating to Boards;
— to support IMBs and ensure effective
communication with them;
— to Manage IMB events and publications
and develop and maintain external communications;
— to develop the skills and knowledge
of IMBs and the Secretariat;
— to support the National Council.
12. The Secretariat works with the National
Council, and while no policy can be developed without the approval
of the Council, so no policy can be implemented without the agreement
of the Secretariat. In the unlikely event of irreconcilable differences
between the Council and the Secretariat, the President would raise
the issue with the Minister.
APPOINTMENTS TO
INDEPENDENT MONITORING
BOARDS
13. Independent Monitoring Board members
are appointed by the Secretary of State, although they act independently
of the Home Office. It is important that Boards are made up of
a cross-section of the local community, and applications are encouraged
from members of the general public from all walks of life, ethnic
backgrounds, religions and age groups.
14. No special qualifications are required
as all training is provided, but Board members should live within
a 20-mile radius of the establishment to which they are appointed
and should possess the personal qualities, interest and time to
make a full contribution to the work of a Board.
15. Members are appointed for periods of
up to three years, although if they wish they may be considered
for reappointment at the end of each three-year period.
April 2004
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