There is a clear approach to promoting equality of opportunity, eliminating discrimination and fostering good relationships. The distinct needs of detainees with protected and minority characteristics are recognised and addressed. Detainees can practise their religion and the chaplaincy plays a full part in the life of the establishment, contributing to detainees’ overall care, support and rehabilitation.

Strategic management

44. The establishment demonstrates strong leadership in delivering a coordinated approach to embedding equality considerations in regimes, eliminating all forms of discrimination and promoting inclusion.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • There is a local equality and diversity strategy that outlines how the needs of all groups within the establishment will be identified and addressed.
  • The Commandant leads by example in promoting equality and diversity.
  • Establishment policies and regime activities reflect the diverse needs of the detainee population.
  • A named member of staff of appropriate seniority has overall responsibility for equality and diversity.
  • Staff with responsibility for specific protected groups are given enough time and support to fulfil their role and have clear job descriptions and objectives.
  • Equality and diversity issues and outcomes are monitored regularly by a committee involving managers, staff and detainees from across the establishment.
  • There is regular and effective input by external community representatives, who provide advice at a strategic level and support to detainees.
  • Awareness of the needs of people with protected and minority characteristics is promoted by educational and celebratory events which involve and are led by detainees.

45. The establishment employs fair processes to make sure no detainee or group is disadvantaged.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • The establishment has clear systems in place to minimise all forms of discrimination or disadvantage, including multiple discrimination.
  • Staff are trained and supported to identify and eliminate discrimination.
  • There are effective monitoring systems to help identify discrimination in treatment and access to services, for example, allocation to activities.
  • Data on discriminatory incidents and allegations is routinely analysed for patterns.
  • Potentially adverse outcomes and disproportionate treatment are investigated thoroughly. Remedial action is promptly taken and evaluated.
  • The centre can explain why disproportionality or disadvantage do not amount to discrimination.
  • Monitoring data is made available in accessible formats to all detainees, visitors and staff.
  • Detainees can regularly express their views about equality and diversity issues.

46. Discriminatory behaviour is challenged robustly and consistently.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • All forms of discriminatory language and conduct are challenged.
  • Detainees and staff know what behaviour and language are acceptable.
  • There is a clear route of complaint for detainees, staff and visitors to report discrimination to establishment managers. Detainees, staff and visitors know how to report an incident, are supported to do so and are safe from any repercussions.
  • Responses to discrimination complaints are timely and are based on a thorough investigation.
  • There is independent quality assurance of the discrimination complaints process and the responses given to detainees to make sure the process is effective and drives improvements.
  • There are clear links between designated equality staff and the establishment’s approach to managing behaviour.
  • There is effective support for victims of discrimination and action is taken to challenge perpetrators.
  • Detainees who have shown discriminatory attitudes or behaviour are identified and managed appropriately.

Protected and minority characteristics

47. Detainees with protected and minority characteristics are treated equitably and according to their individual needs.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Detainees with protected and minority characteristics can self-identify on arrival and are able to discuss any diversity needs in private.
  • Detainees who require additional support are identified quickly and individualised plans are put in place. These plans are kept up to date, meet need and, where appropriate, are multidisciplinary.
  • Detainees have access to information in a format and language they can easily understand.
  • Staff promote and model inclusion in all aspects of their work and show an awareness of equality, anticipating and addressing the needs of detainees.
  • Staff make reasonable adjustments to make sure all detainees can participate in activities which meet their needs.
  • Detainees with protected and minority characteristics can easily contact relevant external support groups and networks to seek advice.
  • Rehabilitation and release planning work takes account of the specific needs of detainees with protected and minority characteristics.

48. The specific needs of women and girls are met.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Policies and procedures recognise the specific needs of women and girls from the first point of detention.
  • There are enough female members of staff and appropriate provision and facilities to respond to the welfare needs of women and girls.
  • Women and girls do not share a room with men or boys. The potential for them to feel and be isolated and marginalised is always carefully balanced with the need to keep them safe, make sure that they can socialise and have regular and equitable access to facilities and activities.
  • All staff have a clear understanding of the specific needs of women and girls, including pregnant women and those who are separated from their dependants.
  • Pregnant women receive appropriate care and support. Where a child is separated from its mother before the mother’s release date, the mother is given emotional and practical support in making the arrangements for separation.

49. The specific needs of children (aged 16–17) and young adults (aged 18–25) are met.

(See Appendix II, notes ii and viii.)

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Local policies and practices, including staff training, reflect the distinct needs of children and young adults and respond appropriately to individual levels of maturity.
  • Children have a named member of staff and an individual care plan to support their emotional well-being and help identify and meet specific needs. Where appropriate, young adults have the same.
  • Behaviour management processes are applied proportionately to children and young adults.
  • Children and young adults are regularly consulted about the range of age-appropriate activities offered.
  • Staff understand the impact of life experiences, such as trauma, abuse and mental illness, on the behaviour of children and young adults.
  • Staff are aware of the needs and entitlements of children and young adults who have been looked after children, and these are met.
  • Rehabilitation and release planning support reflects the specific needs of children and young adults.

50. The specific needs of detainees from all racial and ethnic minority groups are met.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Staff are aware of and respond appropriately to race and cultural issues.
  • Responses to complaints about racial discrimination are fair and thorough and address all the issues raised.
  • The range of products available from the shop meets the needs of black and minority ethnic detainees.
  • Attention is paid to the distinct needs of any detainees from the Gypsy, Roma and Traveller communities, including support for maintaining family ties.

51. The specific needs of foreign national detainees are met.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Staff are aware of the distinct needs and cultural preferences of any foreign national detainees in the establishment.
  • Foreign national detainees can readily access the relevant consulate or embassy and are informed without delay of their right to do so.
  • Foreign national detainees receive help to keep in touch with family abroad.
  • Foreign national detainees’ individual rehabilitation and release needs are met.
  • Independent immigration advice is offered to foreign national detainees if needed.
  • Staff use accredited translation and interpreting services to communicate with detainees whose first language is not English whenever accuracy and confidentiality is important.

52. The specific needs of detainees with disabilities are met.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Reasonable adjustments are made to make sure that detainees with disabilities, including those with learning disabilities/difficulties, have equitable access to the regime and facilities.
  • Staff are aware of detainees who need assistance to complete everyday activities.
  • Staff are aware of detainees who may require extra support in the event of an emergency. Personal emergency evacuation plans are used.
  • Detainees who are unable to work because of a disability are unlocked during the day and provided with sufficient appropriate regime activities.
  • Detainees with less obvious disabilities (for example learning disabilities) are identified, assessed and have their needs met.

53. The specific needs of detainees of all sexual orientations are met.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Staff training promotes equal respect for detainees of all sexual orientations and raises awareness of the discrimination faced by lesbian, gay and bisexual detainees.
  • Acceptance of all sexual orientations is promoted across the establishment.
  • Detainees who are lesbian, gay or bisexual are supported by staff and through referral to external support networks.

54. The specific needs of trans and intersex detainees are met.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Subject to a prompt multidisciplinary case conference which involves the detainee and takes account of all available evidence, including all potential risks and needs, trans and intersex detainees are located appropriately within the establishment. All detainees are supported to participate in and present evidence during a multidisciplinary case conference.
  • Trans and intersex detainees are supported to express their gender identity and have an agreement with the establishment on how to facilitate this. Any restrictions are based on properly evidenced justifications.
  • The views of detainees who express a gender identity different to their legal sex are considered when deciding the gender of staff conducting physical searches and drug tests.
  • Detainees with a gender recognition certificate are treated in accordance with it.
  • All detainees have access to items, including clothing, to maintain their gender identity. Any restrictions are based on properly evidenced justifications.
  • Detainees are routinely addressed as and referred to in the gender they identify with, using their preferred pronoun and by their chosen name.
  • Detainees who wish to begin gender reassignment are permitted to live permanently in their chosen gender identity and can access appropriate medical and other specialist support.
  • Trans and intersex detainees are easily and anonymously able to access information and specialist support and counselling (including for gender dysphoria), including external support networks.
  • Staff receive training and support which enables them to understand issues relating to gender identity and expression and support trans and intersex detainees.
  • The establishment fosters an understanding of gender identity and expression.

55. The specific needs of older detainees are met.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Older detainees have access to daily activities which engage and are suitable for them.
  • Older detainees who are retired or unfit for work are provided with sufficient appropriate activities outside of their rooms each day.
  • The potential isolation experienced by any older detainees is recognised and additional support is put in place.

Faith and religion

56. Detainees are encouraged to practise their religion fully and in safety.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Detainees have easy access to corporate worship every week.
  • Staff supervision of faith services is respectful and proportionate.
  • Detainees and staff know the establishment’s chaplain well.
  • Detainees can speak to a chaplain of their faith in private on request.
  • Faith areas are accessible and permit contemplation, reflection and prayer.
  • Alternative or additional provisions are made if individual detainees are excluded from corporate worship.
  • Detainees can obtain, keep and use items that have religious significance.
  • Detainees can fulfil religious lifestyle requirements.

57. Different religious faiths are recognised and respected.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Staff are aware of religious diversity and the way this interacts with cultural and racial identities.
  • Searches of staff, visitors, detainees and their property are conducted in a religiously sensitive manner.
  • Detainees can learn about different faiths. Detainees are free to change or abandon their religion.
  • Detainees are able to celebrate all major religious festivals, and they are actively promoted to all detainees.
  • Monitoring of the different religions in the establishment population is comprehensive, accurate and reviewed regularly to shape service provision.

58. Detainees are fully supported by the chaplain, who contributes to their overall care, support and rehabilitation.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • The chaplain meets all new detainees within 24 hours of their arrival in the establishment and has a meaningful and private conversation with them.
  • The chaplain visits any segregated detainees daily.
  • The chaplain provides support to detainees who have experienced bereavement or loss.
  • The chaplain contributes to multidisciplinary teams across the establishment and attends individual detainee case reviews where appropriate.
  • The chaplain establishes and maintains links with faith communities outside the establishment to support detainees returning to their parent unit at the end of their sentence, as well as those being discharged and returning to the community.
  • The chaplain supports the role of faith in promoting desistance from offending and helps detainees meet their faith needs on release.
  • The chaplain has a role in identifying and challenging extremist ideologies.
  • Detainees of no faith can receive support from the chaplain and are no less favourably treated than detainees of faith.

Human rights standards

In relation to expectations 44 to 58, the prohibition on discrimination and the right to equality are fundamental principles enshrined in human rights treaties and standards. Human rights standards relating to places of detention expressly note that standards should be applied impartially and without discrimination. In addition, all detainees have the right to freedom of thought, conscience, religion and belief and must be able to profess and practise their religion without any interference. See ICCPR 18, 26, CERD 1, 2; CEDAW 1, 2; ICESCR 2.2; CRPD 2, 3, 5, 9, 14; CRC 2, 14, 23, 30; ECHR 9; HR 4, 6, 28, 38, 48; ERJO 11, 87, 104–107; SMR 2, 5.2, 55.2, 65, 66, 109.2; EPR 13, 29, 38; BOP 5. See also CM/Rec(2010)4 40, 42–48, 77, 78; and Yogyakarta Principles.