Complaints investigation summary for November 2023

We completed 149 complaint investigations in November 2023.

• 97 were not upheld
• 31 were upheld and partially upheld
• 21 were upheld or partially upheld mediated

Partially upheld against the Governor in HMP Long Lartin

Complaint category:  Administration

Subcategory:  ACCT

Summary:  The prisoner complained that his ACCT reviews were not being completed as required. While we found historic ACCT reviews were completed/ documented, one following an act of self-harm was not documented.

Recommendations/outcome:  We partially upheld the complaint. We reminded the Governor that whenever scheduled ACCT reviews fails to take place, a record of the reason(s) why, must be retained.

Upheld against the Governor in HMP Full Sutton

Complaint category:   Regime

Subcategory:  Day to day

Summary:  The prisoner complained that prison staff were covertly recording him during minor interactions such as when delivering his mail. On investigation, we found that staff had been given instruction to record such interactions (using Body Worn Video Cameras) to use as evidence to refute any allegations or complaints.  While the use of BWVC is an important tool protect staff and prisoners, their use should be appropriate and proportionate and in situations where there is a foreseeable risk of conflict.

Recommendations/outcome:  We upheld the complaint. The Governor spoke to staff to rectify the situation and prevent inappropriate future use of BWVC’s.

Partially upheld complaint against the Governor of HMP Full Sutton

Complaint category: Regime

Subcategory: Corporate worship

Summary: A prisoner complained he could not attend corporate worship while held in segregation. We investigated and found that the prison had not formally considered his request as he had not used the right process to request attendance. Although it was rightly a matter for the prison to risk assess each application for corporate worship, the prison response was unhelpful as it did not provide the complainant with the means to apply for corporate worship.

Recommendations/outcome:  We partially upheld the complaint on the basis that the complaint responses were unhelpful, prison agreed to provide the Annex A application form regarding corporate worship.

Partially upheld complaint against the Governor of HMP Full Sutton

Complaint category: Recategorisation

Subcategory: Local Advisory Panel (LAP) assessment

Summary: The prisoner complained about what he viewed as pejorative and untrue wording LAP advisory panel report. Investigation established the prison accepted this point and had taken steps to rectify this at complaint stage.

Recommendations/outcome:  The prison rectified this matter.

Partially upheld complaint against the Governor of HMP The Verne

Complaint category: Activity Allocations

Subcategory: Work

Summary: The prisoner was dismissed from his job to enable him to attend Level 2 maths. He was subsequently reinstated in the role. The investigation found he had been unreasonably removed from work as it did not feature on his sentence plan or on any individual learning plan that it was necessary for him to complete level 2 maths.

Recommendations/outcome:  We recommended that staff apologise, remove the related NOMIS warning, reinstate him in his old role (already completed) and pay back pay.

Upheld complaint against the Governor of HMP Erlestoke

Complaint category: Staff Behaviour

Summary: The prisoner complained that staff failed to exercise a proper duty of care while he was in a constant watch cell. Our investigation confirmed this.

Recommendations/outcome: The prison acknowledged learning had been identified and the issue was being addressed.

Upheld complaint against the Governor at HMP Onley

Complaint category: Property

Subcategory: Missing

Summary: The prisoner complained that a DVD which was relevant to his legal proceedings, had been withheld by security at Onley. When he transferred out of Onley staff posted the DVD to his new establishment, but it went missing. Our investigation found that having posted the DVD by recorded delivery, staff failed to follow up with Royal Mail to establish where it was when the DVD failed to arrive at the receiving establishment.

Recommendations/outcome:  We asked Onley to apologise for this and for failing to address his complaint properly.

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

Partially upheld complaint against the Governor of HMP Send

Complaint category: Adjudications

Summary: The prisoner complained that two outcomes for adjudications were procedurally unfair on the basis that two related charges arising from the same incident were quashed by a different Adjudicator for being out of time. We found it was reasonable to separate the charges for evidential reasons, but that the prisoner should have been informed of the reasons for the differing outcomes.

Recommendations/outcome:  We recommend staff apologise for not explaining why there were two different outcomes.

Partially upheld complaint against the Governor of HMP Full Sutton

Complaint category: Recategorisation

Subcategory: Local Advisory Panel (LAP)

Summary: The prisoner complained his representations weren’t taken into account for Local Advisory Panel consideration (LAP). Policy says LAP considerations should comment on representations (although no mandatory), but there is no record in the minutes this happened. On balance the investigation concluded they were considered, but not specifically commented upon.

Recommendations/outcome:  We advised the Governor that this omission was likely to lead to confusion and for this be addressed in the future.

Upheld complaint against the Governor of HMP Bullingdon

Complaint category: Security

Subcategory: Body scanner

Summary: Prisoner complained he was subjected to a body scan without justification.

Recommendations/outcome:  We reminded the prison that that prisoners should only be subjected to a body scan when sufficient intelligence suggests they pose a risk or bringing in illicit substances or form part of an identified cohort. The prison accepted this.

Upheld complaint against the Governor of HMP Pentonville

Complaint category: Transfers

Subcategory: Transfer to Category D

Summary: Prisoner was assessed as being suitable for Cat D, but due to a glitch on NOMIS there was a delay in updating this which resulted in a subsequent delay in his transfer

Recommendations/outcome:  The prison accepted there was a problem and it had been resolved by the time we completed our investigation of the complaint.

Upheld complaint against the Governor at HMP Onley

Complaint category: Property

Subcategory: Missing

Summary: The prisoner complained that his stored property did not transfer with him when he was transferred from HMP Onley to HMP Ford.

Recommendations/outcome:  Our investigation found that the property was still at Onley, and it was returned to the complainant.

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

Partially upheld complaint against the Governor at HMP Haverrigg and HMP Wymott

Complaint category: Property

Subcategory: Missing on transfer

Summary: The prisoner’s property went missing during a transfer from Haverigg to Wymott. The complaint was upheld on the basis that Haverigg were unable to demonstrate the property had been checked before leaving the prison and the prison complaints’ procedure was not correctly followed.

Recommendations/outcome:  We asked Haverigg to pay compensation for the missing items and to impress on staff the importance of following procedures when it comes to recording property on cell clearance certificates and property cards.  In addition, we recommended both prisons reviewed their process of responding to complaints in line with the policy framework.

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

Partially upheld complaint against the Governor of HMP Coldingley

Complaint category: Administration

Subcategory: Complaints

Summary: The prisoner complained he had not received responses to 14 complaints within seven days, as required by the Prisoner Complaints Policy Framework. We partially upheld the complaint as the prison had not responded to three of the 14 complaints within seven days.

Recommendations/outcome:  The prison took steps to ensure staff were aware of the required response timescales under the Prisoner Complaints Policy Framework.

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

Partially upheld complaint against the Governor at HMP Berwyn

Complaint category: Staff behaviour

Subcategory: None

Summary: The prisoner complained about being removed from a Pagan faith meeting at the prison.  The complaint was partially upheld because the Chaplain, who was the subject of the complaint, responded to the COMP 1. This is not in line with the Prisoner Complaints Policy Framework.

Recommendations/outcome: The prison had set in place a procedure to ensure that staff are aware that they should not respond to complaints of which they are the focus.

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

Partially upheld complaint against the Governor of HMP Coldingley

Complaint category: Adjudication

Subcategory: Charge/findings

Summary: The prisoner complained that his adjudication hearing had not been conducted fairly and he was innocent of the charge. We partially upheld his complaint because, despite a number of adjournments for witnesses to attend, none attended the final hearing and there were irregularities in the way the hearings were conducted and recorded.

Recommendation/outcome:  We highlighted the importance of following correct adjudication procedures to the Governor.

Upheld complaint against the Governor of HMP Nottingham

Complaint category: Letters

Subcategory: NA

Summary: The prisoner complained about a data loss.  A letter sent to the prisoner containing personal information, e.g., bank details and a family address was given to another prisoner in error. Our investigation found that staff did not check the details on the envelope properly before delivering the letter to the wring prisoner.

Recommendations/outcome:  We asked the prison to review internal mail procedures. They have confirmed designated staff are now responsible for delivering internal mail and ensuring the correct procedures are followed.

Upheld complaint against the Governor of HMP Ranby

Complaint category: IEP

Subcategory: Level

Summary: The prisoner complained they had been downgraded to basic regime and lost privileges, without the correct IEP processes being followed.  Our investigation concluded that staff had not adhered to national policy.

Recommendations/outcome:  We recommended that the Governor apologise, advise staff as to the requirements in the IEP policy, and transfer funds to compensate for loss of funds to the prisoner whilst he was on basic.

Upheld complaint against the Governor of HMP Nottingham

Complaint category: Property

Summary: The prisoner complained about a delay in receiving a religious item they had ordered.  Our investigation found that Nottingham did not appropriately delegate the kiosk application in the Hindu Chaplain’s absence which resulted in a significant delay in receiving the religious item.

Recommendations/outcome:  The prison issued the prisoner a formal apology.

Upheld complaint against the Governors of HMP Cheltenham and Leeds

Complaint category:  Property

Subcategory:  Missing

Summary:  The prisoner complained about the loss of items of his stored property following his transfer from HMP Leeds to HMP Littlehey. Our investigation found neither prison had not followed processes correctly.

Recommendations/outcome:  We recommended that the Governor of Cheltenham and Leeds share the costs of the compensation which was awarded to the prisoner. We asked both Governors to issue letters of apology to the prisoner for the loss of his property.

Upheld complaint against the Governor at HMP Moorland

Complaint category:  Property

Subcategory:  Missing

Summary:  The prisoner complained his clothing was lost by the prison after mandatory laundering on arrival, and that the prison was refusing compensation for any loss. He was also told his items were consumables when they had been listed as re-useable. Our investigation identified the prisons facilities list had incorrectly listed clothing items as consumables.

Recommendations/outcome:  We upheld the complaint on the basis the prison had breached policy by use of a compensation disclaimer for lost laundry. The complainant was awarded £30.00 in full and final settlement of his claim.

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

Upheld complaint against the Governor in HMP Berwyn

Complaint category:  Regime

Subcategory:  Day to day

Summary:  The prisoner complained about the fire alarms going off during the night and preventing him from sleeping.

Recommendations/outcome:  We upheld the complaint but were satisfied with the action taken by the prison to address the issue. Staff apologised for any issues caused and said they aimed to respond to each alarm as quickly as possible because of the potential risk to life. The prison put a sign on the door at the end of the wing to ensure it was kept closed during patrol state to minimise the possible disruption from the alarm.

Upheld complaint against the Governor at HMP Hull

Complaint category: Property

Subcategory: Missing

Summary: A prisoner’s property was lost following his transfer from HMP Hull to HMP Isle of Wight. We partially upheld this complaint for the missing items of stored property. However, we did not find the prison responsible for the missing items of in-possession property.

Recommendations/outcome: The prison agreed to pay £55.00 in compensation.

Partially upheld complaint against the Governor at HMP Whitemoor

Complaint category: Property

Subcategory: Missing, damaged or destroyed

Summary: A prisoner’s property was damaged, destroyed and lost following his transfer from HMP Whitemoor to HMP Swaleside. We partially upheld this complaint because of the long delays in completing the cell clearance, forwarding on property and compliance with the relevant policy.

Recommendations/outcome: The prison agreed to provide £34.25 compensation.

Upheld complaint against the Governor of HMP Full Sutton

Complaint category: Letters

Subcategory: Rule 39/Confidential Access

Summary: A letter to the prisoner from the PHSO was opened in error.  It should have been treated as a Confidential Access letter and so given to the prisoner unopened, unless there were security concerns.

Recommendations/outcome:  The complaint was upheld as the letter had been opened. The prison acknowledged that a mistake had been made, apologised and reminded staff of their obligations when dealing with Confidential Access mail.

Partially upheld against the Governor in HMP Whitemoor

Complaint category:  Accommodation

Subcategory:  In-cell

Summary:  The prisoner complained about the lavatory in his cell not having a seat. During our investigation we were informed that lavatory seats had been removed from cells in the Segregation Unit following a risk assessment. They had been replaced by the time we opened our investigation.

Recommendations/outcome:  We upheld the complaint in part. We were satisfied that for reasons of decency and hygiene, it was inappropriate for a prisoner to be kept in a cell without a cover to their lavatory for seven months. We notified the Governor of our decision.

Upheld against the Governor in HMP Whitemoor

Complaint category:  Property

Subcategory:  Not allowed/confiscated

Summary:  The prisoner complained about a baking tray being removed from his possession during a search by a Dedicated Search Team. This was despite the fact the baking tray had been authorised by staff and held in the prisoners’ possession for four years without issue.

Recommendations/outcome:  We upheld the complaint and recommended that the Governor arrange for a senior member of staff to examine the baking tray and decide whether the prisoner is allowed to keep it in his possession and write to the prisoner apologising 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 IPCI.

Upheld against the Governor in HMP Elmley

Complaint category:  Medical

Summary:  The prisoner complained that it was inappropriate of staff to not issue him with a mask for his Continuous Positive Airway Pressure (CPAP) machine which had been ordered by the care provider. We were satisfied that there had been a breakdown in communication between the healthcare provider and prison staff, and this was why the CPAP mask had not been at least initially issued to the prisoner.

Recommendations/outcome:  We upheld the complaint. The complainant wanted financial compensation for the distress he had suffered. IPCI does not recommend compensation a payment for non-demonstrable financial loss. We advised the prisoner to consider pursuing civil action.

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

Upheld against the Governor in HMP Lindholme

Complaint category:  Incentives and Earned Privileges (IEP)

Subcategory:  Warnings

Summary:  The prisoner complained that an IEP warning that had been rescinded by staff in June 2022, had a negative impact on a subsequent Recategorisation Review.

Recommendations/outcome:  We upheld the complaint and recommended that the Governor correct the appropriate record/s to ensure they reflected that the IEP warning had been rescinded and that that they write to the prisoner apologising for the handling of the complaint and confirm that his records had been corrected.

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

Upheld against the Governor in HMP Long Lartin

Complaint category:  Property

Subcategory:  Missing

Summary:  The prisoner complained about the delay in receiving his property when he transferred from Long Lartin to Whitemoor in July 2023.

Recommendations/outcome:  The prisoner received his property just before we started the investigation into his complaint. We upheld the complaint, as the Prisoners’ Property Policy Framework expects a discharging prison to forward property to a receiving establishment within four weeks of a prisoner’s transfer. We took the opportunity to copy the investigation letter to the Governor of Long Lartin, and the Governor of Whitemoor, so they could use the opportunity to ensure that the prisoners’ property records in relation to the move were complete and stored correctly.

Upheld against the Governor in HMP Whitemoor

Complaint category:  Regime

Subcategory:  Day to Day

Summary:  The prisoner complained about the impact of staff shortages on the regime of the Closed Supervision Centre, and that it was locked down disproportionately against other areas in the prison.

Recommendations/outcome:  We upheld the complaint. The Governor was asked to continue the work they had started to improve the situation as quickly as possible.

Upheld against the Governor in HMP Ranby

Complaint category:  Property

Subcategory:  Missing

Summary:  The prisoner complained about the loss of his property after his transfer from HMP Ranby to HMP Hatfield. Our investigation was hampered by missing and unclear property records.

Recommendations/outcome:  We upheld the complaint and recommended that the Governor pay the prisoner £234.50 compensation in full and final settlement of his claim.

Partially upheld complaint against the Director of HMP Thameside

Complaint category: Property

Subcategory: Missing

Summary: The prisoner complained about the loss of his property after he was transferred to the Segregation Unit.

Recommendations/outcome:  We partially upheld this complaint as the cell clearance was not carried out in accordance with national policy and the prison offered compensation for items they identified as missing.

Partially upheld complaint against the Governor of HMP Long Lartin

Complaint category: Staff behaviour

Summary: The prisoner complained that he was assaulted by a female member of staff when being escorted back to the wing from an adjudication.

Recommendations/outcome:  Whilst our investigation found no evidence of an assault taking place, we partially upheld this complaint as the prisoner had asked for CCTV to be retained and this had not been done in line with national policy.  We made a recommendation regarding CCTV retention.

Upheld complaints against the Governor of HMP Long Lartin

Complaint category: Staff Behaviour

Subcategory: General

Summary:  The prisoner complained that staff failed to conduct ACCT observations on a number of occasions.

Recommendations/outcome: Our investigation established that staff had not carried out the ACCT observations at the required intervals.  We recommended an apology to the prisoner and a Notice to Staff regarding ACCT observation requirements, with spot checks being carried out to ensure entries were not being missed or fabricated.  We also recommended that CCTV should be retained when requested by a prisoner.

Partially upheld complaint against the Governor of High Down

Complaint category: Letters

Subcategory: Retention

Summary:  The prisoner complained that staff were photocopying all of his social mail and destroying the original without his consent. Our investigation established that the implementation of the 100% photocopying of social mail rule was justifiable and proportionate to the risk and threat posed to the establishment.  However, national policy required the original pieces of mail to be placed in the prisoner’s stored property which was not happening.

Recommendations/outcome: We recommended the prison reviewed their storage process and apologise to the prisoner for losing his social mail.

Partially upheld complaint against the Governor of High Down

Complaint category: Letters

Summary:  The prisoner complained that he should have been given the Christmas card his son had sent in for him, but he was instead given a photocopy of a card belonging to another prisoner. Our investigation established that the prisoner should not have been offered the Christmas card in the first instance as he was subject to Public Protection Measures at the time.

Recommendations/outcome:  We recommended the prison issue a Notice to Staff to remind them to check with the Public Protection Team what contact level restrictions are in place before offering correspondence to a prisoner.

Upheld complaint against the Governor of HMP Wormwood Scrubs

Complaint category: Property

Subcategory: Lost

Summary: Property was lost when a prisoner transferred from HMP Parc to HMP Isle of Wight via HMP Wormwood Scrubs.  The IPCI investigator encountered some challenges when asking for information from Wormwood Scrubs. Wormwood Scrubs acknowledged that they had lost the prisoner’s property, but we considered the ex-gratia payment to be too low.

Recommendations/outcome:  We recommended that a value of £300 was offered to the prisoner, that they were given an apology and staff were reminded of their obligations when asked for information by IPCI Investigators.  The recommendations were accepted in full.

Upheld against the Governor in HMP Whitemoor

Complaint category:  Property

Subcategory:  Missing

Summary:  The prisoner complained about the loss of a parcel of items belonging to him, with HMP Whitemoor refusing to accept responsibility for the loss, and unwilling to pay him compensation.

Recommendations/outcome:  We upheld the complaint and recommended that the Governor pay the prisoner £130 compensation in full and final settlement of his claim. We asked the Governor to issue a letter of apology to the prisoner for the delay in resolving his complaint. We also asked the Governor to launch a review of the procedure at Whitemoor for posting/sending out prisoners parcels with a view to improving record keeping.

Partially upheld complaint against the Governor of HMP Lindholme

Complaint category: Regime

Subcategory: Access to Facilities

Summary: The prisoner complained that basic hygiene products the prison was obliged to provide were repeatedly unavailable due to price increases, and there had been no corresponding change to the prison budget.

Recommendations/outcome:  We upheld his complaint on the basis that the prison had breached policy with regard to its obligation to make products necessary for cleanliness and hygiene available, and that in the event of price changes, staff should be appointed to manage the budget accordingly.

Upheld complaint against the Governor of HMP Hull

Complaint category: Administration

Subcategory: Complaints procedure

Summary: The prisoner complained they had not received responses to 15 complaints.

Recommendations/outcome:  We upheld the complaint on the basis that the prison had not provided a response to eight complaints.  As a result of the IPCI investigation, the prison subsequently provided responses to the eight complaints and whilst the appeals process would technically be out of time, the prison agreed that the prisoner could appeal if needed.

Partially upheld complaint against the Governors of HMP Preston and HMP Risley

Complaint category: Property

Subcategory: Missing

Summary: The prisoner complained that his property had not arrived at HMP Risley following a transfer from HMP Preston. Our investigation found that it had taken Preston four months to send on the prisoner’s clothing to Risley, and Risley’s response to the prisoner’s complaint was not in line with the Prisoners Complaints Policy Framework.

Recommendation: IPCI brought the delays in property transfer to the attention of the Governor of HMP Preston and reminded the Governor of HMP Risley of the correct procedure for responding to complaints.