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.
Upheld complaint against the Director of HMP Oakwood
Complaint category:
Categorisation, progression & release preparation
Month investigation completed:
April
Year investigation completed:
2024
The prisoner requested a copy of security information used by the prison as part of his re-categorisation review. This information was not provided despite there being no personal or sensitive information contained within. Our investigation found that the prison did not follow policy, and if information is critical to the categorisation decision, the information should be shared with the prisoner.
Recommendations/outcome:
We have asked the prison to consider providing further information to explain the reasoning behind the decision.
Partially upheld complaint against the Director of HMP Northumberland
Complaint category:
Accommodation, food, education & other facilities
Month investigation completed:
April
Year investigation completed:
2024
The prisoner complained that his employment was being cancelled on a regular basis, resulting in him being locked in his cell all day. Our investigation found that this was the case, and the prison confirmed that they were not always able to fulfil their contractual obligations to regime, due to staffing numbers.
Recommendations/outcome:
We did not make a recommendation as the prison had previously partially upheld the complaint.
Partially upheld complaint against the Governor of HMP The Verne
Complaint category:
Work, pay & money
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained about being removed from his job in the servery. Our investigation found that the prisoner had been given an unofficial trial period of work in the wing servery, which was not authorised by the Activities Unit. When the Activities Unit became aware of his unofficial trial appointment, he was removed from the position.
Recommendations/outcome:
We partially upheld the complaint on the basis he was initially informed (wrongly) that he could work on a trial period in the servery. However, the decision to then remove him on the grounds provided by the prison was reasonable.
Partially Upheld complaint against the Governor of HMP Frankland
Complaint category:
Adjudication & IEP
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained that staff had told him he would remain on basic as long as he refused to locate. Our investigation found that while refusal to locate could be viewed as a factor in deciding to keep a prisoner at basic IEP level, it would still be necessary to conduct regular reviews, and to certainly review the decision within the first 7 days and every 14 days thereafter, for those subject to ACCT.
Recommendations/outcome:
We recommended that staff in the Management and Progression Unit (MPU) were reminded of the requirements of national policy and the need to conduct regular reviews.
Upheld complaint against the Governor of HMP Frankland
Complaint category:
Categorisation, progression & release preparation
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained that his category A review had initially been delayed because of COVID, however subsequent reviews were sequenced after that delayed review which had a cumulative delay on his progression.
Recommendations/outcome:
During the course of the investigation the Governor agreed to bring forward the review for this prisoner.
Partially Upheld complaint against the Governor of HMP Stoke Heath
Complaint category:
Visits, calls & letters
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained that his in-cell phone would not allow him to contact the Samaritans in the night state. Our investigation found there were conflicting responses to his complaints, and we were unable to establish if there was a fault on his cell phone, or if the on-wing phone was made available as alternative provision.
Recommendations/outcome:
A local resolution established through Head of Safer Custody.
Upheld complaint against the Governor of HMP Stafford
Complaint category:
Staff behaviour
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained that a named member of staff had behaved in a derogatory manner towards him. We investigated the matter and found that the prisoner had been given a negative entry for poor behaviour. We spoke to a CM involved in the matter, who confirmed the prisoner had been called an abusive name by the officer in question. We also found that this matter had not been investigated in the complaint response.
Recommendations/outcome:
Following our investigation, the CM agreed to speak further to the officer in question and this matter was resolved this locally, including the prisoner receiving an apology.