Complaints investigation summary for 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.