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Greater consequences are needed for prison staff behaviour failures

Published:

In the past five years, staff behaviour complaints have consistently been the second most common complaint category the PPO has received after property. To understand the key issues, we analysed 143 upheld or partially upheld complaints received about staff behaviour categorised as use of force, bullying and harassment, assault or general complaints.  

Published in a learning lessons bulletin today, our research found repeat issues in retaining and providing evidence, a lack of staff professionalism and failures with internal conduct investigations and complaint handling.  

Read the bulletin and the press release 

I am concerned about the failures in staff behaviour and conduct found in our investigations. I know (and have seen) that Governors, Directors and prison staff have a very difficult job and many of them do excellent work every day, but professionalism among all staff is crucial to ensuring safe prisons and building better staff-prisoner relationships. 

The aim of this bulletin is to help prison staff improve standards of professionalism and create a stronger culture of safety. It is clear that greater independent oversight of staff conduct is needed, and it is my hope that this learning prompts Governors and prison staff to reflect on conduct in their prisons.” 
Adrian Usher, Prisons and Probation Ombudsman

Summary of findings: 

1 – Lack of evidence 

a. Evidence was often unavailable in the cases analysed and the absence of footage and documentary evidence significantly restricted our ability to determine what happened. 

i. 36% of our investigations were negatively impacted by quality of and lack of evidence provided. 

b. In 64% of cases, CCTV was not made available to PPO investigators. 

      c. We found a failure to use BWVC footage in some cases which raises suspicions and reduces the perception of safety in the prison. 

        d. In numerous cases, there was also a failure to retain evidence despite policy requirements. 

        2 – Professionalism 

            a. 58% of 113 complaints assessed found that staff conduct fell below expected professional standards and policy requirements. 

              b. For 47 use of force cases, we found that in 30% there were not adequate de-escalation attempts. 

                c. Common issues with professionalism included inappropriate language towards prisoners, failures to follow procedures and poor de-escalation attempts. 

                3 – Poor internal investigations into conduct and complaint handling     

                  a. In 29% of the 143 complaints we reviewed, there was no evidence that the prison spoke to the staff member (or members) complained about following the complaint. 

                    b. In 9% of complaints, where there was a formal internal investigation, the staff member being complained about was also involved with conducting the internal prison investigation. 

                      c. In 18% of complaints reviewed, the investigator identified relevant documents, such as ACCT documentation or other key records, that had not been reviewed by the prison during its investigation. 

                        d. We found procedural failings in the prison’s complaint handling in just over half of the 143 complaints reviewed. 

                          Summary of learning shared: 

                          Prisons should: 

                          • Ensure staff collect BWVCs at the start of their shift and begin recording any events that could lead to or involve force being used. 
                          • Ensure BWVC and CCTV footage are retained in line with policy and provided promptly to the PPO where requested. 
                          • Ensure that staff follow policy requirements to complete use of force statements within timescales. 
                          • Ensure that internal investigations into staff conduct are thorough, appropriate disciplinary action is taken and learning is embedded. 
                          • Ensure that the requirements in the Prisoner Complaints Policy Framework are met. 

                          Prison staff should:  

                          • Remain professional and respectful in all interactions with prisoners, including during confrontational situations, and avoid inappropriate language. 

                          HMPPS must: 

                          • Consider how to address the repeat failures by prisons to use BWVCs and retain evidence.