Partially Upheld complaint against the Governor of HMP Onley
Complaint category:
Categorisation, progression & release preparation
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained that staff had told him he was ineligible to transfer to complete an offending behaviour course until his was closer to his conditional release date. During our investigation the prison accepted that sequencing for programmes should be based on earliest date of release. For prisoners eligible for parole this would be Parole Eligibility date (PED), and they agreed to pursue a transfer based on this date rather that the CRD.
Recommendations/outcome:
No recommendations necessary as the prison accepted the local resolution to sequence a transfer according to PED.
Upheld complaint against the Governor of Feltham YOI
Complaint category:
Adjudication & IEP
Month investigation completed:
April
Year investigation completed:
2024
A young person complained that he had been found guilty in his absence and was not given the opportunity to contest the charge. The ROH did not reflect that attempts were made to engage the young person, and there is no refusal to attend form completed.
Recommendations/outcome:
We recommended the finding be quashed, We also raised this matter with the YCS Head of Operations and highlighted the importance of ensuring every effort is made to engage young people in the adjudication process even if they refuse to attend, and that the refusal to attend forms must be completed.
Partially Upheld complaint against the Director of Oakhill STC
Complaint category:
Administration
Month investigation completed:
April
Year investigation completed:
2024
A young person complained that sensitive personal information relating to him had been left unsecured and had been obtained by another resident.
Recommendations/outcome:
Our investigation found Oakhill addressed the complaint seriously, apologised and moved the young person to a different unit. Further enquiries by IPCI established the incident was properly reported, relevant members of staff spoken to, and processes put in place to prevent a re-occurrence of the incident.
Upheld complaint against the Governor of HMP Whatton
Complaint category:
Adjudication & IEP
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained that he had been unfairly charged with recklessly endangering the health and safety of a person in the prison, after being found with tampered wires in his cell. Our investigation established that the Record of Hearing (ROH) did not set out how the adjudicator was satisfied that the actions endangered a named person, as the prisoner offered the defence that the wires were aerial cables that carried no electrical current.
Recommendations/outcome:
We asked that the adjudication be quashed.
Upheld complaint against the Governor of HMP Frankland
Complaint category:
Property
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained that a CD containing medical details sent into him had not been issued in possession. The local complaint response advised that he would need to apply to view this through his solicitors. Our investigation established this was wrong as the matters related to his healthcare, and he was allowed the CD in possession.
Recommendations/outcome:
This was resolved locally via the Business Hub.
Partially upheld complaint against the Governors of HMP Sudbury and HMP Oakwood
Complaint category:
Property
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained that some of their property had been lost by HMP Sudbury to the value of £500. Our investigation found the quality of their replies to both the prisoner and to IPCI failed to meet those required by national policy. We also found HMP Oakwood did not follow the correct process when processing the prisoner’s confidential access complaint (COMP 2).
Recommendations/outcome:
(HMP Sudbury): We asked that the Governor to compensate the prisoner for the missing item and that the prison remind staff of national policy with regard to response quality and providing information to IPCI and that this be evidenced this to IPCI. Recommendations/outcome: (HMP Oakwood): We asked the Governor to review their process for handling confidential access complaints to ensure it was within policy guidelines and that this be evidenced to IPCI.
Upheld complaint against the Governor of HMP Durham
Complaint category:
Property
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained about the loss of his property when he transferred from HMP Durham to HMP Wakefield.
Recommendations/outcome:
After IPCI’s involvement, the Governor of Durham apologised to the prisoner for the poor handling of the complaint and made an offer of compensation.
Upheld complaint against the Governor of HMP Belmarsh
Complaint category:
Property
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained about the loss of his property by staff at HMP Belmarsh after he was unexpectedly released on the first day of his trial.
Recommendations/outcome:
After IPCI’s involvement the Governor wrote to the prisoner and asked for a list of the missing property so they could make an offer of fair and reasonable compensation.
Upheld complaint against the Governor of HMP Lancaster Farms
Complaint category:
Prison behaviour
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained he had been assaulted by another prisoner and was not satisfied with how the prison responded to the incident. Our investigation found wing staff could have acted to stop the situation escalating. The incident was not recorded on either prisoner’s NOMIS, and the level of support given to the prisoner following the incident fell below the expected standard of duty of care.
Recommendations/outcome:
We asked that apology be issued to the prisoner, and for the Governor to issue notices to staff regarding NOMIS entries and ensuring spot check quality assurance checks are done.
Upheld complaint against the Governor of HMP Stocken
Complaint category:
Administration
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained about his request for an OASys assessment being returned to him by staff without being actioned, and not in an envelope. The request contained sensitive information that could have been seen by anyone on the wing. Our investigation concluded that the correct process for responding to a request of disclosure of information was not followed.
Recommendations/outcome:
We asked the Governor at Stocken to apologise to the prisoner for the lack of confidentiality in the handling of this request. We also asked that staff be reminded of the correct procedure to respond to a request for disclosure of information from a prisoner, and of the process which should be followed when the Offender Subject Access Request Team refer a request for disclosure of information back to the prison for action. We hold the view that this complaint should have been resolved by the prison without reference to IPCI.