Complaints investigation summary for June 2023

We completed 167 complaint investigations in June 2023.

• 123 were not upheld
• 22 were upheld and partially upheld
• 22 were mediated

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.