Complaint investigation summaries

We found that the finding was unsafe and asked that the adjudication be quashed. We feel this complaint could have been resolved without referral to IPCI.

We made no recommendations in this case because the prison had addressed the issue of the IEP paperwork and rescinded the warning. However, we did point out that the matter could have been dealt with by the prison rather than coming to IPCI. We feel this complaint could have been resolved without referral to IPCI.

No formal recommendations were required as the prison was already making improvements to the process.

The IPCI investigation found that the decision to carry out a Level 2 search was not unreasonable, and that the search was conducted in accordance with the policy. However, the investigation found that an intelligence report was not submitted after the incident, and that HMP Styal either did not complete or retain the search paperwork as they were unable to provide this to the investigator. We recommended that the Governor demonstrated the processes for ensuring that searches were recorded in line with policy and that intelligence reports were submitted as required.

After the IPCI investigation into this matter, we recommended that the Governor of HMP Ranby should arrange for the NOMIS entry to be removed or amended to reflect that the prisoner’s appearance could have been related to a known medical condition, rather than the prisoner being under the influence.

The bank statements could not be located so the complaint was upheld, but as they could not be retrieved by IPCI, we advised the prisoner to contact his bank for replacement statements. We also suggested reporting the loss of personal information to the Information Commissioner’s Office.

The IPCI investigation found that HMP Hull was responsible for the missing property and we asked that they compensate the prisoner £315 for the lost items. We asked that staff be reminded to resolve such complaints at the earliest opportunity, in line with national guidance, and to ensure that prisoners are aware of the need to record product codes when necessary or that staff record this information on property cards when listing expensive items.

We asked the Governor to conduct a further local investigation to confirm if the Xbox had been destroyed or was being stored as confiscated property and for the prisoner’s property cards to be updated accordingly. We recommended that if located, the console should be placed in his stored property or confirm if allowed in possession. If the console had been destroyed or was missing, the prisoner should be compensated. In addition, we reminded the Governor that staff need to reply to complaint and appeal forms within the timeframe set in the national policy, or to issue interim replies if necessary, and that staff should be reminded of the need to respond to requests from IPCI within the timeframe set in the request and to try where possible to ensure appropriate staff provided the information.

We recommended that the Governor arrange for the prisoner to receive a replacement bag or refund the cost of a bag. We also recommended that HMP Belmarsh introduce a receipt system whereby prisoners sign to confirm receipt of the goodie bag.

We upheld the complaint and recommended that steps were taken to use the delivery log to demonstrate effective handling of R39 mail.