Complaints investigation summary for 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. 

Partially 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 add a note to NOMIS to clarify the circumstances of the IEP warning being issued. 

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.