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.
Partially Upheld complaint against the Governor of HMP Frankland
Complaint category:
Visits, calls & letters
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained because he was placed on closed visits for nine months after refusing to submit to a body scan. Our investigation found that whilst this was reviewed on a monthly basis, the records clearly referenced that he would remain on closed visit for at least nine months. We agreed with the decision to place him on closed visits after he was suspected of passing items, however reviews must be meaningful, and closed visits must not be used as a punishment.
Recommendations/outcome:
We asked the prison to review local policy to ensure it was in line with national policy, and that prisoners be placed on closed visits initially for no more than three months.
Partially upheld complaint against the Governor of HMP Humber
Complaint category:
Visits, calls & letters
Month investigation completed:
March
Year investigation completed:
2024
The prisoner, who had hearing loss, complained that his visits with his solicitor, probation officer and psychologist were being held in closed visit conditions.
Recommendations/outcome:
After IPCI’s involvement, staff advised the prisoner of actions he needed to take to enable reasonable adjustments to be implemented for his legal visits.
Upheld complaint against the Governors of HMP Moorland and HMP Leeds
Complaint category:
Property
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained about the loss of his property while he was in custody. He believed it had probably happened when he transferred from HMP Leeds to HMP Moorland. After IPCI’s involvement, the property was located and sent to the complainant as he was no longer in custody.
Recommendations/outcome:
The prisoner has been reunited with his property and has received an apology from HMPPS for the poor handling of his complaint. 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 Moorland
Complaint category:
Adjudication & IEP
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained that he was put on report for disobeying an order in order to comply with a body scan. He claimed he was not aware that what was being asked of him, was a lawful order. Our investigation found the prisoner was not given sufficient information in reception, or during the body scanning process.
Recommendations/outcome:
The adjudication quashed, and an apology given to the prisoner.
Partially upheld complaint against the Governor of HMP Maidstone
Complaint category:
Categorisation, progression & release preparation
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained about his re-categorisation review because he believed it had not followed the Security Categorisation Policy Framework; he felt he had been discriminated against due to his immigration status and religious beliefs and he disputed some negative NOMIS entries. Our investigation found there were some flaws in the process, including failure to obtain pertinent paperwork (CCD3) from the Home Office.
Recommendations/outcome:
We partially upheld the complaint and asked the Governor to ensure CCD3’s are obtained in advance of re-categorisation reviews, if immigration status could affect a decision. The Governor was asked to ensure that the prisoner had a further re-categorisation review as soon as possible.
Upheld complaint against the Governor at HMP Lewes
Complaint category:
Staff behaviour
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained that after two separate incidents of self-harm, staff had not answered his emergency call bell within the stipulated timeframe. The prison admitted staff had not answered the call bell in the timeframe stipulated in the guidance and were unable to provide the cell bell records because of an antiquated system.
Recommendations/outcome:
We recommended the prison apologise to the prisoner and provide the Ombudsman with evidence that the prison’s call bell system is now fit for purpose. We also recommended the prison review their protocols for responding to call bells due to our concerns that these were not isolated incidents.
Partially upheld complaint against the Governor at HMP Dartmoor
Complaint category:
Staff behaviour
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained that he was assaulted, and that staff did not respond to his complaints appropriately or provide the healthcare support he required.
Recommendations/outcome:
Whilst we did not find evidence that the prisoner was subject to an assault, we partially upheld his complaint as there were issues around retention of BWVC/ CCTV footage.
Upheld complaint against the Director of HMP Rye Hill
Complaint category:
Visits, calls & letters
Month investigation completed:
March
Year investigation completed:
2024
The prisoner complained that staff opened a letter to court and looked inside it. Our investigation found that staff were routinely opening sealed outgoing mail to check for illicit enclosures. Staff were unaware that, under national policy, letters to court must be treated as confidential, that staff must inform prisoners that such letters can be handed in sealed and, if such letters are to be opened to check for an illicit enclosure, there must be reasonable grounds to suspect such an enclosure.
Recommendations/outcome:
We upheld the complaint and recommended that HMP Rye Hill issue a notice of staff setting out the relevant national policy requirements.