Upheld against the Governor in HMP Berwyn
Complaint category:
Administration
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained about the amount of time it was taking Berwyn to respond to his complaints. During our investigation we were made aware that comprehensive review of the local complaints process had recently taken place.
Recommendations/outcome:
We upheld the complaint and noted that an apology for the delay in responses had been made by the Head of BCU. We hold the view that this complaint should have been resolved by the prison without reference to IPCI.
Upheld complaint against the Governor of HMP Wakefield
Complaint category:
Accommodation, food, education & other facilities
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained that he was not getting his minimum daily entitlement of 30 minutes in the open air due to poor management of regime. Our investigation found there were some occasions where prisoners in the Education Department did not receive their full entitlement of time in the open air.
Recommendations/outcome:
We recommended that the prison address this issue to ensure prisoners are able to access open air in line policy.
Partially upheld complaint against the Governor of HMP Woodhill
Complaint category:
Staff behaviour
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained that he was assaulted by prison officers in his cell, and that the incident was not investigated properly by the prison. Our investigation found flaws in the way the prison had dealt with this complaint, including the appropriate use of Body Worn Video Cameras (BWVC) and the completion of Use of Force statements.
Recommendations/outcome:
We partially upheld the complaint and asked the Governor of HMP Woodhill to provide a written apology to the prisoner for the handling of his complaint. We asked that a clear and deliverable plan is developed for the correct use of Body Worn Video Cameras (BWVC); that relevant staff be reminded of the need to complete Use of Force statements within 72 hours. We further raised concerns with the Governor about the importance of responding to requests for information from IPCI so as to not hinder the investigation and ensuring quality assurance processes in place for responses to prisoner complaints, particularly in relation to Use of Force and allegations of assault.
Partially upheld complaint against the Governor of HMP Ranby
Complaint category:
Property
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained that he had not received several items of his property after he was transferred from HMP Woodhill to HMP Ranby. A missing bag containing items, which had been in stored property at Woodhill, had not been located.
Recommendations/outcome:
We asked that the prisoner be compensated for the missing items given that the items were in stored property and the prisoner could not have been responsible for the loss.
Partially upheld complaint against the Governor at HMP Warren Hill
Complaint category:
Staff behaviour
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained about decisions made by his POM, which he believed had impacted his progression. He also complained the prison had not responded in line with the Complaints Policy Framework. Our investigation found the POM’s assessment to be thorough and proportionate but staff had not correctly followed the Complaints Policy Framework.
Recommendations/outcome:
We asked the prison to provide evidence of amendments to their own procedures.
Upheld complaint against HMP Long Lartin
Complaint category:
Staff behaviour
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained that his civil legal action against the prison was not handled correctly, and the prison responded to it as a complaint, rather than following civil procedure. Our investigation found that the prison failed to respond in line with pre action protocol and did not forward the letter to their litigation team as required by policy.
Recommendations/outcome:
A copy of the outcome letter detailing our investigation findings was sent to the Governor at Long Lartin to remind senior staff who deal with the confidential access process to ensure the correct processes are followed.
Upheld complaint against the Governor of HMP Wormwood Scrubs
Complaint category:
Adjudication & IEP
Month investigation completed:
April
Year investigation completed:
2024
Whilst at Wormwood Scrubs, the prisoner was issued an IEP warning, without any prior verbal or written warning. He did not know that this had occurred until he had moved to HMP Belmarsh. He wanted the warning removed from his record. Following our investigation, Wormwood Scrubs agreed that the IEP warning was not correctly issued.
Recommendations/outcome:
Arrangements were made for an entry to be placed directly below to amend the original entry, as it is not possible to remove entries. Wormwood Scrubs also agreed to offer the prisoner a written apology.
Upheld complaint against the Governor of HMP The Verne
Complaint category:
Visits, calls & letters
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained that staff asked him to open his letter to the Prisoners’ Advice Service (PAS) in their presence without reasonable grounds. During our investigation the prison informed us that since receiving the complaint, this practice had stopped and a notice to staff had been issued making sure they knew that prisoners should not be made to open legally privileged mail in their presence, without reasonable grounds to suspect the letter contained an illicit enclosure.
Recommendations/outcome:
Given the action already taken by the prison, we had no further recommendations. We sighted the Governor of our outcome.
Two partially upheld complaints against the Governor of HMYOI Wetherby
Complaint category:
Adjudication & IEP
Month investigation completed:
April
Year investigation completed:
2024
Two young people (separately) complained about the fee they were charged when they damaged a laptop. They stated they were aware that others had caused the same damage to laptops and been charged a lesser fee.
Recommendations/outcome:
Our investigation found inconsistencies in charges for the same type of damage and advised HMP Wetherby that the process should be formalised to ensure a fair approach to these incidents.
Upheld complaint against the Governor of HMP High Down
Complaint category:
Visits, calls & letters
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained about his Rule 39 letters being opened and photocopied by the prison. Our investigation established there were two Rule 39 letters from the Legal Ombudsman which were opened in error, and a letter from Solicitors, which was copied in error.
The prison claimed that some of the prisoner’s envelopes were superficially damaged by search dogs, however the checking process has since been changed to prevent this happening in future.
Recommendations/outcome:
We upheld the complaint on the basis that High Down were negligent in handling the prisoner’s R39 mail, however there was no evidence to suggest this was anything other than human error, an apology was made to the prisoner and a commitment was made to change processes to prevent recurrence.
