This page provides brief summaries of our upheld and partially upheld complaint investigations from June 2023, onwards.

Every two months, we publish a monthly summary of complaints we have upheld or partially upheld, to increase the transparency of our work and to share the recommendations we have made to the services in our remit. We hope these summaries will inform learning and drive best practice.

We currently receive around 4000 complaints a year, of which around half are eligible for investigation.

The summaries we provide will be purposefully brief in order to protect the identity of complainants. In some cases, we may decide not to publish a summary if we feel the complainant is easily identifiable from the case outcome.

We will not publish summaries of cases we have not upheld or cases which have been mediated, but will provide information about how many of each we have investigated.

August 2023

We completed 144 complaint investigations in August 2023.

  • 106 were not upheld
  • 23 were upheld and partially upheld
  • 15 were mediated
Upheld complaint against the Governor at HMP Whitemoor

Complaint category: IEP

Subcategory: Downgrade

Summary:  The prison acknowledged a policy breach in the review of the complainants IEP level – the review had not been carried out by a more senior member of staff.  The prison overturned the original decision and apologised for the mistake.

Recommendations/outcome: We asked that the prisoner had his enhanced IEP status reinstated, pending a review by an appropriate member of staff and that he should be compensated.  We  asked the prison to remind staff to act in line with national policy guidelines.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor at HMP Hull

Complaint category: Money

Subcategory: Accounts

Summary: Administrative problems saw a delay in a compensation payment from an outside source being received into the complainant’s prison account.

Recommendations/outcome: The issue was rectified. No recommendations required.

 
Partially upheld complaint against the Governor of HMP Wealstun

Complaint category: Property

Subcategory: Not allowed/confiscated

Summary: The prisoner complained that their property was confiscated after two separate cell searches. We found the prison did not have a complete set of property records.

Recommendations/outcome:  We asked the prison to apologise for the poor handling of the complaint and asked that compensation be considered. We reminded the prison of the need to adhere to the mandatory requirement of storing the prisoners’ property cards.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor of HMP Whitemoor

Complaint category: Visits

Summary: A prisoner complained that it was inappropriate of staff not to reimburse his legal team for a visit which did not proceed because of a miscommunication between staff.

Recommendations/outcome: The prison apologised for the handling of the complaint. They asked the prisoner to submit an itemised invoice from their solicitor so that consideration may be given to an offer of compensation if appropriate. They have reminded staff of the requirements of PSI 16/2011 Managing Prison Visits, and the Complaints Policy Framework.

 

Upheld complaint against the Governor of HMP Whitemoor

Complaint category: Property

Subcategory: Missing

Summary:  The prisoner complained about lost property after he transferred from HMP Whitemoor to HMP Long Lartin.

Recommendations/outcome:  We asked the prison to apologise for the poor handling of the complaint.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor at HMP Nottingham

Complaint category: Administration

Subcategory: Reports

Summary: The prisoner complained that a request for information/reports on the kiosk application system was not actioned.  Our investigation found that the staff member had not recognised the request as a SAR.

Recommendations/outcome: The prison is arranging a full staff training day regarding data requests.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Partially upheld complaint against the Governor at HMP/YOI Moorland

Complaint category: Phone calls

Subcategory: Restrictions

Summary: The prison did not comply with PSI 49/2011, by applying credit limits to the pin-phone accounts of Foreign National prisoners and prisoners who have close family abroad.

Recommendations/outcome: We asked that the prison issue an apology to the prisoner for imposing a credit-limit to their pin-phone account, and that the prison remove the credit-limit applied to the prisoners account and that of FNP’s, in line with national policy.

 

Upheld complaint against the Governor at HMP Full Sutton

Complaint category: Staff Behaviour

Subcategory: General

Summary:  Prisoner complained that staff failed to conduct an ACCT check.

Outcome: Our investigation established a member of staff from another wing had completed the ACCT check on the wrong prisoner. Prison accepted the error and agreed to send a letter apologising. The member of staff was identified and further training for that staff member agreed.

Upheld complaint against the Governor at HMP Full Sutton

Complaint category: Property

Subcategory: Missing

Summary: The prisoner complained an item of property sent for repair had not been returned to his new establishment. Our investigation established the item had taken some 14 months to be repaired and forwarded to the new establishment.

Outcome:  We made the Governor aware of the unacceptable delay in this matter.

 

Partially upheld complaint against the Governor at HMP/YOI Norwich

Complaint category: Administration

Subcategory: General

Summary:  The prisoner complained he had not received all his certificates for courses he had completed at HMP Norwich.

Outcome:  Our investigation established there was evidence he had completed two of the four courses he claimed to have completed. We asked the prison to provide copies of certificates for the courses he had completed.

 

Partially upheld complaint against the Governor at HMP Onley

Complaint category: Visits

Subcategory: Restrictions/delays

Summary: A prisoner at another prison wanted to contact their son at HMP Onley. We found that staff had difficulties arranging contact through Onley.

Recommendations/outcome: By the time the investigation began, the complainant’s son had moved from Onley. We informed the prison of this issue.

 

Upheld complaint against the Governor of HMP Lindholme

Complaint category: IEP

Subcategory: Reviews

Summary: The prisoner complained that his IEP review was not carried out in line with correct procedures. We found that paperwork was not available, and the prisoner was not given a chance to submit representations.

Recommendations/outcome: We asked the Governor to apologise for failings in this matter, to carry out incentives review in line with local policy, and to satisfy themselves that staff have an appropriate understanding of the policy on order to conduct policy compliant incentives reviews.

 

Upheld complaint against the Governor of HMP Frankland

Complaint category: Administration

Subcategory: Complaints procedure

Summary: The prisoner complained that he had not received a response to a previous complaint.  We found that due to a change in the complaints clerk, the prisoner did not receive a response for 4 months, which resulted in the original issues not being appropriately resolved.

Recommendations/outcome:  These issues have now been resolved.

 

Upheld complaint against the Governors of HMP Frankland

Complaint category: Money

Subcategory: Accounts

Summary: The prisoner complained that money was not released into his spends account from his private cash account.  We found that the prison had withheld the money for security reasons, but when these were resolved, the money was not transferred as a lump sum.

Outcome: The situation was resolved.

 

Upheld complaint against the Governor of HMP Risley

Complaint category: Transfers

Subcategory: Closer to home

Summary: The prisoner complained about not being transferred closer to home.  We found that the transfer had been accepted but had not happened due to transportation issues.

Outcome: The situation was resolved.

 

Upheld complaint against the Governor of HMP Garth

Complaint category: Property

Subcategory: Missing

Summary: The prisoner complained that a confiscated parcel was not handled correctly.  Our investigation found there was a delay in forwarding allowed items and in sending an explanation for items which were withheld. We also found that the prison failed to provide meaningful and timely complaint response.

Outcome: The issues were resolved.

 

Partially upheld complaint against the Governor at HMP Berwyn

Complaint category: Administration

Subcategory: Reports

Summary: A prisoner complained that his Offender Manager (OM) had placed false information on his Offender Assessment System (OASys) report.  He further complained that the OM had responded to a complaint which was about them. Our investigation did not evidence of false information, but found the response from the OM was not in line with the Prisoner Complaints Policy Framework.

Recommendations/outcome: The Governor should remind staff of the requirements of the Prisoner Complaints Policy Framework.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor at HMP Coldingley

Complaint category: Property

Subcategory: Missing

Summary: A clothing parcel sent in for a prisoner went missing after it had been signed for on arrival at the prison.

Recommendations/outcome: The prison offered the prisoner appropriate compensation during the course of the investigation and had already put measures in place to prevent incoming parcels going missing within the prison.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO

 

Partially upheld complaint against HMPPS and the Governor at HMP Wakefield

Complaint category: Property

Subcategory: Missing

Summary: Property went missing following a cell clearance, and a transfer from Wakefield to Full Sutton. There was evidence that the items were missing but it was unclear at what stage they went missing, and therefore which prison was responsible for the loss.

Recommendations/outcome:  We asked HMPPS to compensate the prisoner for the missing property, and the Governor at Wakefield to ensure that all staff are using the correct Cell Clearance Certificate.

 

Upheld complaint against the Governor at HMP Chelmsford

Complaint category: Property

Subcategory: Transfer

Summary: Property was lost on transfer from Chelmsford to Littlehey. The items were missing when the prisoner arrived at Littlehey. Chelmsford could not provide evidence that they had checked the property before the prisoner left.

Recommendations/outcome:  We asked that Chelmsford pay compensation and ensure staff are aware of the requirements of Property Policy Framework to maintain clear and accurate records.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO. 

 

Upheld complaint against the Governor at HMP Whitemoor

Complaint category: Administration

Subcategory: Applications

Summary: A prisoner complained about the time taken by staff in HMP Whitemoor to record two named prisoners as non-associates (8 months).

Recommendations/outcome: We recommended that the Governor apologise to the prisoner for delay in updating records and to remind staff of the need to deal with such notifications in a timely manner.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor at HMP Nottingham

Complaint category: Administration

Subcategory: Complaints procedure

Summary: A prisoner complained about how staff in the prison handled his complaint about coming into contact with a named non-associate.

Recommendations/outcome: We asked the Governor to apologise to the prisoner for the poor handling to his complaint; and remind staff of the requirements of the national policy in respect of answering complaint and appeal forms.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor at HMP Isle of Wight/HMPPS

Complaint category: Accommodation

Subcategory: Hygiene

Summary: A prisoner complained about the lack of in-cell sanitation in HMP Isle of Wight.

Recommendations/outcome: We upheld the complaint but took no further action with the prison. It is our view this issue needs to be addressed by HMPPS.

 

July 2023

We completed 177 complaint investigations in July 2023.

  • 124 were not upheld
  • 33 were upheld and partially upheld
  • 20 were mediated
Partially upheld complaint against the Governor of HMP Eastwood Park

Complaint category: Staff behaviour

Subcategory: Use of force

Summary: The Prisoner complained an officer assaulted her whilst trying to stop her from ligaturing herself. Whilst we found no evidence that the officer assaulted the prisoner, the prison did not provide Body Worn Video Camera (BWVC) footage. We also found that the complaint was not handled appropriately.

Recommendations/outcome: We asked the Governor to ensure staff are familiar and compliant with the Prisoner Complaints Policy Framework, and the BWVC Policy Framework. We made clear that serious allegations of staff behaviour made in complaints should be considered even if technically out of time.

 

Partially upheld complaint against the Governor of HMP Frankland

Complaint category: Transfers

Subcategory: Closer to home

Summary: The prisoner had been given incorrect information by the prison about the process for applying to transfer.

Recommendations/outcome: The PPO updated the prisoner on the right process and signposted him to other options, for example accumulated visits and virtual visits. We highlighted the issues raised to the Governor.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor of HMP Onley

Complaint category: Regime

Subcategory: Access to facilities

Summary: The prisoner complained that unemployed prisoners were being denied access to the gym. We found the prison were failing to comply with this mandatory provision.

Recommendations/outcome: We asked the Governor to ensure all prisoners at Onley, regardless of employment status, were able to access at least one hour’s gym session per week.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor of HMP Frankland

Complaint category: Staff behaviour

Subcategory: General

Summary: The prisoner complained he was not provided with camera footage which he had requested of incidents within the prison.  We found that the prison had not followed policy when they denied him access to the CCTV by refusing to issue unless a solicitor had requested it.

Recommendations/outcome:  Governor to ensure that CCTV is provided within one month when requested.  We asked that the prisoner was provided with the CCTV footage he requested, and the prison apologise for the delay.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor of HMP Frankland

Complaint category: Administration

Subcategory: Reports

Summary: The prisoner complained about delays in receiving replies to his complaints at HMP Frankland.

Recommendations/outcome: We asked the prison to apologise to the prisoner for the significant delays in responding to his complaints and to remind staff to adhere to complaint response timescales in Prisoner Complaints Policy Framework.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor at HMP Low Newton

Complaint category: Regime

Subcategory: Access to facilities

Summary: The prisoner complained she had not been allowed to have time in the open air. We found that the prison had not provided this mandatory provision.  We also found that the prisoner had made other complaints on the same issue.

Recommendations/outcome: We asked that the prison refer to and action the recommendations which they had previously accepted.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor at HMP Swaleside

Complaint category: Phone calls

Subcategory: Restrictions

Summary: The prisoner complained about no longer being able to contact his friends and family overseas, using his in-cell telephone following a telephony system update at HMP Swaleside. There was also a six-month period when he was unable to access video calls.

Recommendations/outcome: We asked the prison to apologise to the prisoner for failing to resolve the communication issues which impacted on the prisoner’s ability to maintain ties with friends and family.  We asked the prison to provide an assurance that they had resolved the telephony problems.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor at HMP Humber

Complaint category: Property

Subcategory: Missing

Summary: The Ombudsman agreed that the prison’s compensation offer, in respect of item lost during the laundry process, was too low.

Recommendations/outcome: The prison agreed to provide a written apology, increased compensation and guidance to staff in line with the Prisoners’ Property Policy Framework.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO. 

 

Upheld complaint against the Governor at HMP Whitemoor

Complaint category: Administration

Subcategory:  Applications

Summary: The prisoner complained about the applications process. This related to time taken to reply, and record keeping around the process. Staff had already verbally apologised to the prisoner but had not issued a written apology.

Recommendations/outcome: No recommendations were required as the prison had already apologised and had put in place a new process to deal with applications as evidenced by a Community Notice.

 

Upheld complaint against the Governor at HMP Rye Hill

Complaint category: Administration

Subcategory: Record keeping

Summary: The prisoner complained that his NOMIS record contained incorrect information. The PPO investigation found that there was no evidence to support the information that was detailed in the prisoner’s NOMIS record.

Recommendations/outcome: The incorrect information was removed during course of the investigation.

 

Partially upheld complaint against the Governor at HMP Long Lartin

Complaint category: Categorisation

Subcategory: Recategorisation

Summary: The prison provided inaccurate information to the Category A Review Team about the prisoner, and could not provide any evidence that they had corrected this.

Recommendations/outcome: An apology was issued, and we asked the Governor to ensure that thorough records are kept.

 

Upheld complaint against the Governor at HMP Moorland

Complaint category: Property

Subcategory: Missing

Summary: In-possession clothing was lost while in the wing laundry.

Recommendations/outcome: We asked the prison to compensate the prisoner and to ensure that staff are fully aware of the guidance set out in the Prisoners’ property policy framework.

 

Upheld three complaints against the Governor at HMP Nottingham (on behalf of two different prisoners)

Complaint category: Food

Subcategory: Availability/quantity

Summary: Prisoners complained about the provision of milk being reduced from daily to five days per week.

Recommendations/outcome: The prison acknowledged this was not in line with national policy and resolved the issue.

 

Upheld complaint against the Governor at HMP Berwyn

Complaint category: Work and pay

Subcategory: Loss of job

Summary: A prisoner was dismissed from his job without the correct process being followed.

Recommendations/outcome: The prison agreed to compensate the prisoner for his loss of earnings and ensure he was re-employed. The prison agreed to update their Activity Allocation Strategy to make the dismissal process clearer and put in place employment compacts for all job roles to ensure employee behavioural expectations are clear.

 

Upheld complaint against the Governor at HMP Elmley

Complaint category: Staff behaviour

Subcategory: Use of Force

Summary: A prisoner climbed onto netting at height. Contrary to national policy, officers accessed the netting to bring him back. The use of hand cuffs was also not recorded, as required.

Recommendations/outcome:  We asked the prison to provide a written an apology to the prisoner for incorrectly entering the netting, and issue a Notice to Staff regarding the need to record the use of handcuffs.

 

Upheld complaint against the Governor at HMP Wakefield

Complaint category: Escorts

Subcategory: [none]

Summary: The prisoner was restrained on escort chain during an intimate medical procedure in hospital, and the correct risk assessment process was not followed.

Recommendations/outcome: We reminded the Governor of the need to provide evidence for a decision to use an escort chain, and ensure staff are aware of requirements regarding the documentation of evolving risk assessments.

 

Upheld complaint against the Governor at HMP Wakefield

Complaint category: IEP

Subcategory: Warnings

Summary: A prisoner was issued an Incentives and Earned Privileges (IEP) warning as a result of an officer hearing an abusive comment being shouted. An incorrect record of the incident was recorded on NOMIS.

Recommendations/outcome:  We asked the prison to revoke the IEP warning and update NOMIS accordingly.

 

Partially upheld complaint against the Governor at HMP Highpoint

Complaint category: Property

Subcategory: Lost

Summary: A prisoner’s PlayStation 2 was damaged while in storage. Our investigation found that the prison was responsible for this.

Recommendations/outcome: The prison has offered the prisoner appropriate compensation.

 

Upheld complaint against the Governor at HMP Woodhill

Complaint category: Regime

Subcategory: Day to day

Summary: A prisoners’ cell call bell was not responded to for over an hour, falling outside of the recommended response timeframe. The prison was unable to provide a clear reason for the delay.

Recommendations/outcome: We asked the prison to apologise to the prisoner and ensure that staff are aware of the expectation to respond to cell bells swiftly.

 

Upheld complaint against the Governor at HMP Wakefield

Complaint category: Administration

Subcategory: General

Summary: A copy of a prisoner’s telephone contacts was inadvertently shared with another prisoner, constituting a data breach.

Recommendations/outcome: We asked the prison to provide the prisoner with a written apology for the data breach and to ensure they are data protection compliant.

 

Upheld complaint against the Governor of HMP Swaleside

Complaint category: Property

Subcategory: Damaged

Summary: The prison refused to compensate a prisoner after he had thrown away some of his property as a result of another prisoner contaminating his cell. The prison accepted that they did not adequately investigate the prisoners’ concerns.

Recommendations/outcome: The prison agreed to offer compensation to the prisoner.

 

Partially upheld complaint against the Governor at HMP/YOI Highdown

Complaint category: Accommodation

Subcategory: In cell

Summary: Prisoner complained about the delay in fixing his privacy lock on the cell door.

Outcome: Our investigation established prison were aware of the issue, and we asked them to resolve it.

 

Partially upheld complaint against the Governor at HMP Erlestoke

Complaint category: Staff behaviour

Subcategory: Bullying/harassment

Summary: Prisoner complained that food had been taken away from him.

Outcome:  Our investigation established staff had wrongly taken food away from prisoner, when they were only meant to remove the container. The Governor apologised for this at the complaint stage.

 

Upheld complaint against the Governor at HMP Full Sutton

Complaint category: Administration

Subcategory: Complaints procedure

Summary: Prisoner complained about the lack of response to his DIRF.

Outcome: Our investigation established the prison had not responded to the DIRF. As a result of investigation, the prison subsequently provided a detailed response to the prisoner and apologised.

 

Partially upheld complaint against the Governor at HMP Full Sutton

Complaint category: Letters

Subcategory: Restrictions/delays

Summary: The prisoner complained about incoming and outgoing letters being stopped, withheld and delayed by the Censors Department at the prison.

Recommendations/outcome: Following our investigation, the prison accepted the complainant was not always informed of stopped letters, and there were some delays in letters being sent out. The prison undertook to address this issue.

 

Partially upheld complaint against the Governor at HMP Belmarsh

Complaint category: IEP

Subcategory: Warnings

Summary: The prisoner received a negative entry, and complained about the way it was delivered.

Outcome:  Our investigation found the warning did not comply with the IEP framework. The prison had previously investigated this matter and withdrawn the warning on appeal from the prisoner.

 

Partially upheld complaint against the Governor at HMP The Verne

Complaint category: Accommodation

Subcategory: Wing facilities

Summary: The prisoner complained about the lack of heating in the cells on specific dates, as a result of faulty boilers.

Outcome:  Our investigation found that prison were aware of this. They have now taken reasonable steps to rectify the problem.

 

Partially upheld complaint against the Governor at HMP Oakwood

Complaint category: Security

Subcategory: Searches

Summary: A prisoner complained about items of his property being damaged following a cell clearance.

Recommendations/outcome: Our investigation concluded the prison were responsible for the damage. We asked them to compensate the prisoner.

 

Partially upheld complaint against the Governor at HMP/YOI Portland

Complaint category: Medical

Subcategory: Treatment

Summary: Prisoner complained he was not unlocked for medication or first aid following an in-cell accident. Our investigation found the prisoner was not given basic first aid by the member of staff he reported the incident to.

Outcome:  The prison accepted this and committed to addressing this with the member of staff.

 

Upheld complaint against the Governor at HMP Wealstun

Complaint category: Property

Subcategory: Confiscated

Summary: A prisoner’s property was confiscated during a cell search, on the grounds that it did not belong to him.  We found the prison had failed to adequately investigate either stage of the prisoner’s complaint.

Recommendations/outcome: The prison agreed to provide a written apology, and compensation to the prisoner and guidance to staff on the Prisoners’ Property Policy Framework.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO. 

 

Upheld complaint against the Governor at HMP Holme House

Complaint category: Property

Subcategory: Damaged

Summary: A prisoner complained about clothing lost and damaged in the laundry at the prison.

Recommendations/outcome: We recommended that the Governor compensate the prisoner for the lost and damaged property. We also asked the Governor to remind staff of the need to resolve such complaints locally where possible.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

June 2023

We completed 167 complaint investigations in June 2023.

  • 123 were not upheld
  • 22 were upheld and partially upheld
Upheld complaint against Governors at HMP Highpoint and HMP Wymott

Complaint category: Property

Subcategory: Lost

Summary:  Property went missing when transferred from Highpoint to Wymott.  We found neither prison had kept complete and accurate records of the property.

Recommendations/outcome: HMPPS compensate the prisoner for the lost property. Staff are made aware of the requirement of maintaining accurate property records in line with the Prisoner’s Property Policy Framework.

 

Partially upheld complaint against the Governor at HMP Wakefield

Complaint category: Security

Subcategory: Risk Assessment

Summary: A prisoner was not informed of the reason his risk was increased by his Offender Manager. While the correct risk assessment process was followed, the reason should have been recorded and provided as part of the complaint response.

Recommendations/outcome: The prison accepted not providing a reason for the risk change was an oversight.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Partially upheld complaint against the Governor at HMP Guys Marsh

Complaint category: Property

Subcategory: Lost

Summary: Property was lost as a result of failure to secure a cell during a relocation. Cell clearance paperwork was not completed.

Recommendations: The prison apologise to the prisoner and compensate him for lost property.  The Governor commissions audits into cell clearances and transfers.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor of HMP Swansea

Complaint category: Adjudications

Subcategory: Charge/Findings

Summary: A prisoners solicitor requested information from the prison, which they did not receive. This impacted on the advice the prisoner received. We found administrative inaccuracies and an incomplete record of the hearing. HMP Swansea failed to respond to all of our enquiries.

Recommendations: The finding of guilt to be quashed and the prisoner reimbursed for lost income.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO

 

Partially upheld complaint against the Governor of HMP Wakefield

Complaint category: Visits

Subcategory: Restrictions/ delays

Summary: The prisoner complained about a matter relating to a visit, which was not upheld. We partially upheld, as the prisoner’s complaint to the prison was handled by the person who was the subject of it, contrary to policy.

Recommendations/outcome: The PPO was satisfied that this was an error of judgement, rather than evidence of a systemic issue.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Partially upheld complaint against the Director at HMP Parc 

Complaint category: Prisoners

Subcategory: Assault

Summary:  Inadequate support provided following an assault by another prisoner. We found poor administration of the case including no evidence of referral to the Police Liaison Officer.

Recommendations/outcome:  The prison apologise to the prisoner for the significant delay in their response and provide appropriate support should he still wish to refer the matter to the police. The prison remind staff to adhere to complaint response timescales in Prisoner Complaints Policy Framework.

 

Partially upheld complaint against the Director of Swaleside

Complaint category: Property

Subcategory:  Lost

Summary: Electrical equipment lost by the prison from the property store. The property card had also been completed incorrectly.

Recommendations/outcome: The prison agreed to take responsibility for locating the property, and if unable to do so will compensate the prisoner.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Partially upheld complaint against the Governor at HMP Frankland

Complaint category: Administration

Subcategory: Complaint’s procedure

Summary: The prison had not considered a complaint due to it being submitted on out-of-date forms. There was also alleged racial discrimination. We upheld the first element of the complaint but found no evidence to support the second element.

Recommendations/outcome: None

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Director at HMP Dovegate

Complaint category: Property

Subcategory: Damaged

Summary: Property was damaged in the prison laundry.

Recommendations/outcome: We upheld the complaint and asked the prison to compensate fairly for the item.

 

Partially upheld complaint against the Governor at HMP Full Sutton

Complaint category: Mail and internal regime issues

Subcategory: The upheld element found the prison had mishandled personal mail by handing a prisoner’s personal mail to another prisoner.

Summary: The prison accepted their error in misdirecting mail and demonstrated they had taken steps to mitigate.

Recommendations/outcome: None. Prison accepted at complaint stage

 

Partially upheld complaint against the Governor of HMP Whatton

Complaint category: Property

Subcategory: Missing

Summary: The prisoner did not receive clothing they had purchased. We found the prison had given the clothing to another prisoner but had offered the complainant a full refund.

Recommendations/outcome: We were satisfied that the prison had apologised, offered a refund, and put measures in place to mitigate.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Partially upheld complaint against the Governor of HMP Hewell

Complaint category: Staff behaviour

Subcategory: Use of force

Summary: We investigated the use of force against a prisoner. We found the action was justified and proportionate, but that paperwork was not completed on time and the complaint was handled poorly.

Recommendations/outcome: Governor to send a letter to the relevant officers reminding them of their obligation to complete use of force forms within 72 hours. Governor to remind staff about the importance of responding to complaints in line with the Prisoner Complaints Policy Framework.

 

Upheld complaint against the Governor of HMP/YOI Hindley

Complaint category: Categorisation

Subcategory: Re-categorisation

Summary: The prisoner complained about being moved from a Cat C to a Cat B prison. We found that security intelligence was unavailable, and the outcome of the review was not given to the complainant on time.

Recommendations/outcome: Governor to ensure security intelligence is recorded appropriately, and is used in categorisation reviews. Governor to remind staff that a copy of the review must be provided to the prisoner within 3 working days, if requested.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor of HMP Featherstone

Complaint category: Phone calls

Subcategory: Restrictions

Summary: The prisoner complained about contact restrictions with their partner.

Recommendations/outcome: The prison had subsequently reviewed the contact restrictions and contact with the partner was resumed.

 

Partially upheld complaint against the Governor of HMP Risley

Complaint category: Staff behaviour

Subcategory: Assault

Summary: The prisoner complained they were assaulted by staff, causing injuries. We found that the use of force was reasonable and proportionate. However, use of force statements were not completed on time.

Recommendations/outcome: Governor to instruct relevant officers of their obligation to complete paperwork within 72 hours.

 

Partially upheld complaint against the Governor of HMP/YOI Stoke Heath

Complaint category: Staff behaviour

Subcategory: General

Summary: The prisoner was prevented from attending the gym while on basic regime, despite having a gym referral from their doctor.

Recommendations/outcome: The Governor confirmed that all prisoners on basic regime with medical referrals would continue to have access to the gym.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Partially upheld complaint against the Governor of HMP/YOI Stoke Heath

Complaint category: Money

Subcategory: Purchases

Summary: The prisoner was incorrectly charged for photocopies and their property card was lost.

Recommendations/outcome: Apology issued and attempts made to locate previous version of the property cards.

We hold the view that this complaint should clearly have been resolved by the prison without reference to the PPO.

 

Upheld complaint against the Governor at HMP Nottingham

Complaint category: Video link

Subcategory: Delays

Summary: A video-link appointment had been double booked. The prisoner missed a medical and legal meeting.

Recommendations/outcome: The prison has amended the process for booking video-link appointments and prisoner was apologised to.

 

Upheld complaint against the Governor at HMP Whitemoor

Complaint category: Accommodation

Subcategory: Hygiene

Summary: Poor conditions and breaches of health and safety regulations at Whitemoor. Our investigation evidenced action already taken to improve hygiene and to monitor wing cleanliness.

Recommendations/outcome: Staff and prisoners reminded of the ‘no smoking’ policy and that staff instructed to challenge non-compliance. Prisoners to be supplied with appropriate protective footwear when on cleaning duties.

 

Upheld complaint against the Governor at HMP Stocken

Complaint category: IEP

Subcategory: Negative entry

Summary: The prisoner complained he had been inappropriately issued an IEP warning which impacted his IEP level review. We found that the warning had been wrongly noted and was subjective.

Recommendations/outcome: The warning was overturned, and the complainant’s IEP level upgraded to Enhanced.

 

Upheld complaint against the Governor at HMP Gartree

Complaint category: Letters

Subcategory: R39

Summary: The prison opened a piece of legal mail that was marked as R39.

Recommendations/outcome: The prison apologised and confirmed the letter was subsequently treated in accordance with R39 procedure.