To the extent the Ombudsman and Children's Commissioner are discharging Optional Protocol to the Convention against Torture (OPCAT) functions under the Crimes of Torture Act 1989 as designated national prevention mechanisms, they have a without notice power of entry to do so. OPCAT monitoring is focused on human rights breaches and takes place in places of detention to check on the treatment and conditions of detainees. This differs from monitoring under the bill as OPCAT is focused on individual residences rather than at a system level. Where there is a serious and imminent risk to children and young people's safety, the police have the necessary powers to act and take the appropriate action. It would not be appropriate for the monitor to take action in these circumstances, especially if there is distress amongst residents. 