Partially upheld complaint against the Governor of HMP Swaleside
Complaint category:
Staff behaviour
Month investigation completed:
October
Year investigation completed:
2025
The prisoner alleged that he was assaulted by staff during a restraint and asked for an internal investigation. BWVC and CCTV footage were reviewed and did not support the allegation of assault, so this part of the complaint was not upheld.
However, our investigation identified procedural failings. An internal investigation was not completed, and an F213 form was either not completed or could not be located. We also found that staff told the prisoner that “if he could talk, he could breathe”, which is not an appropriate way to assess a prisoner’s ability to breathe during a restraint.
Recommendations/outcome:
IPCI proposed that the prison issue a written apology to the prisoner as a personal remedy. We also recommended that the Governor complete an internal investigation into the incident. Additional recommendations were made to ensure staff understand the correct procedures for completing and retaining F213 forms, and the correct processes to follow when assessing a prisoner’s ability to breathe during a restraint.
Partially upheld complaint against the Director of HMP/YOI Parc
Complaint category:
Property
Month investigation completed:
October
Year investigation completed:
2025
The prisoner complained that some of his property had gone missing following a cell clearance. During the investigation, the prison was asked to provide a copy of the cell clearance paperwork but confirmed that this could not be located. We upheld this part of the complaint. The prisoner identified a number of items as missing from his cell, some of which were not recorded on his property card. Some of the items were found to have been confiscated because they were not listed on the prisoner’s property card. We did not uphold the missing property part of the complaint.
Recommendations/outcome:
The Director was reminded of the importance of maintaining accurate records of all cell clearances to ensure a clear audit trail is retained and to minimise the risk of property being lost or unaccounted for.
Partially upheld complaint against the Governor of HMP Wormwood Scrubs
Complaint category:
Staff behaviour
Month investigation completed:
October
Year investigation completed:
2025
The prisoner complained that he had been assaulted by staff during a restraint and asked that the matter be investigated. He also requested that all Body Worn Video Camera (BWVC) and CCTV footage relating to the incident be retained. We did not uphold the allegation of assault. However, our investigation identified that the prison failed to retain the relevant BWVC and CCTV footage.
Recommendations/outcome:
IPCI recommended that the prison review its arrangements for the retention, storage and review of BWVC and CCTV footage, and ensure that staff are appropriately trained in these processes.
Partially upheld complaint against the Governor of HMP Isle of Wight
Complaint category:
Work, pay & money
Month investigation completed:
October
Year investigation completed:
2025
The prisoner complained that the prison had taken money out of his personal spends account without his permission. Payments included a magazine subscription, postage and sponsorship for a charity event. The sponsorship money and magazine subscription had already been refunded at the time of his complaint. The prison’s complaint responses informed the complainant that they would refund the postage, and they apologised for the errors.
Recommendations/outcome:
After IPCI made enquiries with the prison, they refunded the postage so no further recommendations were necessary.
Partially upheld complaint against the Governor of HMP Garth
Complaint category:
Accommodation, food, education & other facilities
Month investigation completed:
October
Year investigation completed:
2025
The prisoner complained that he was moved to the segregation unit and remained there for 96 days. He raised concerns about the length of ongoing segregation and felt that the regime on the unit amounted to solitary confinement. Evidence suggested that all segregation reviews were completed on time and his continued stay was authorised as per the Segregation Prison Service Order (PSO) 1700. However, the prisoner was not afforded the (new increased) recommended time out of his cell every day as per the PSO.
Recommendations/outcome:
The new recommended time out of the cell came into force midway through the prisoners stay in segregation. The new policy expected prisons to manage the updated regime within existing resources, but HMPPS recognised that this may not be possible. The Governor explained that until significant investment is provided (extra staffing/ resources), they would be unable to safely facilitate this additional regime in their segregation unit.
Partially upheld complaint against the Governor of HMP Woodhill
Complaint category:
Staff behaviour
Month investigation completed:
October
Year investigation completed:
2025
The prisoner complained that he was subject to unnecessary planned use of force, and that the prison did not investigate his confidential access complaint about the incident. We found that the force used within the incident was reasonable, necessary and proportionate. However, the prison took too long to investigate the complaint. We also believe that the hand-held camera was not positioned appropriately to capture the intervention and that prison staff were not respectful of the prisoner’s property during the incident.
Recommendations/outcome:
We proposed that the prison apologise to the prisoner for the treatment of his property and the delay in the investigation as forms of personal remedy. We recommended that the Governor review the use of handheld cameras to deliver full and effective recordings, assure themselves that processes for completing decision logs and investigations are timely and robust, and that the confidential access complaints process is effective.
Partially upheld complaint against the Governor of HMP Garth
Complaint category:
Property
Month investigation completed:
October
Year investigation completed:
2025
The prisoner complained that some of their property was missing following a cell clearance by staff.
Recommendations/outcome:
HMP Garth were unable to provide a copy of the cell clearance certificate, and the Governor was reminded of the importance of retaining key documentation to maintain an audit trail. However, there was evidence of confiscated property from the prisoner and on balance, we considered the cell clearance had been completed in line with national policy as the prisoner’s property card had clearly been used in the process. Therefore, no recommendations were made.
Upheld complaint against the Governor of HMP Isle of Wight
Complaint category:
Property
Month investigation completed:
October
Year investigation completed:
2025
The prisoner complained that they had been gifted an Xbox by another prisoner, but this was then confiscated by staff.
Recommendations/outcome:
The gifting application process had been initiated by the prison but the paperwork was mislaid by staff. We considered the prisoner should not be at a detriment and recommended the Xbox is listed on the prisoner’s property card and returned either in-possession if the prisoner met the requirements of national policy, or into their stored property.
Partially upheld complaint against the Governor of HMP Gartree
Complaint category:
Visits, calls & letters
Month investigation completed:
October
Year investigation completed:
2025
The prisoner complained that their Rule 39 mail had been opened by staff.
Recommendations/outcome:
HMP Gartree had acknowledged opening the letter in error and had apologised to the prisoner. However, they had not appropriately documented the error in line with the requirements of national policy. The Governor was reminded of the importance of appropriate documentation of such instances, however no remedial recommendations were made.
Partially upheld complaint against the Governor of HMP Gartree
Complaint category:
Property
Month investigation completed:
September
Year investigation completed:
2025
The prisoner complained that HMP Gartree had lost their property following a cell clearance and failed to resolve their complaint.
Recommendations/outcome:
There was no evidence to suggest that HMP Gartree had failed to follow the cell clearance process and therefore, were not responsible for any loss of property. However, Gartree did not appropriately respond to the prisoner’s complaint appeal or process his request for body worn video camera footage to be retained in line with national policy or as a FOI request. We recommended the Governor provide an apology and to provide evidence that every prison department is aware of their obligations to process requests made under the FOIA, whether explicitly or not.
