Complaints investigation summary for October 2023
We completed 144 complaint investigations in October 2023.
- 96 were not upheld
- 20 were upheld and partially upheld
- 28 were mediated
Upheld complaint against the Governor at HMP Nottingham
Complaint category: Equalities
Subcategory: Disability
Summary: A prisoner complained about the refusal of staff in HMP Nottingham to provide the disability aids he needed.
Recommendations/outcome: We recommended that the Governor liaised with the Head of Healthcare to ensure they provided the disability aids recommended and apologise to the prisoner for the time taken to resolve the matter. We also asked the prison to ensure there is a process whereby healthcare could notify the prison of a prisoner’s needs without having to disclose medical information.
Upheld complaint against the Governor in HMP Holme House and HMPPS
Complaint category: Property
Subcategory: Missing
Summary: A prisoner complained about property lost when staff in HMP Holme House cleared his cell.
Recommendations/outcome: We recommended that the Governor pay the prisoner £220 compensation for the loss of clothing and canteen. We asked the Governor to ensure staff know to use the approved cell clearance certificate and that ensure vacated cells are cleared as quickly as possible in line with national policy. We also asked that vacated cells are secured appropriately to prevent accidental opening before clearance and to remind staff of the requirement to escalate appeal forms to a more senior member of staff. We further recommended that HMPPS attached the approved cell clearance certificate to the national policy as an annex; and remind prisons of the need to retain old property cards.
Upheld complaint against the Governor in HMP Wormwood Scrubs
Complaint category: Administration
Subcategory: Complaints
Summary: The prisoner complained about the time taken by the prison to answer his complaint and appeal forms.
Recommendations/outcome: We upheld the complaint and recommended that the Governor apologise to the prisoner for the time taken to deal with his complaint. We asked that a Notice to Staff was issued setting out the timeframes for responding to complaints/appeals and that managers review complaints and appeals regularly to ensure timeliness and that the quality of the responses meets the requirements of the national policy. Also, that staff should know that interim responses should be issued as soon as it becomes clear that a substantive reply cannot be provided within the set timeframes.
Upheld against the Governor in HMP Erlestoke
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained about the amount of compensation offered for lost property.
Recommendations/outcome: We upheld the complaint and recommended that the Governor pay the prisoner £261 compensation in full and final settlement of his claim. We asked the Governor to remind staff of the need to address the specific issues raised in a complaint or appeal form and the need to thoroughly and efficiently investigate complaints about damaged or lost property. Also, to remind staff who authorise compensation payments that these must be fair and enable the prisoner to return to the position they were in prior to the loss of their property.
Partially upheld complaint against the Governor of HMP Littlehey
Complaint category: Adjudications
Subcategory: NA
Summary: The prisoner complained he had not received his adjudication paperwork despite making an application for the relevant paperwork on the day of the Adjudication. He received conflicting responses to the complaints and appeals he lodged, but it was apparent that he had not been provided with all the relevant paperwork to which he was entitled.
Recommendations: We upheld his complaint on the basis that the prison had not complied with the provision in the policy stating prisoners should be provided with all relevant paperwork ‘without undue delay.’ However, during the investigation, the prison subsequently provided evidence that he had been provided with the paperwork and was able to lodge an appeal.
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 Frankland
Complaint category: Letters
Subcategory: Rule 39/confidential access
Summary: The prisoner complained that a letter from the Care Quality Commission, which should have been handled in accordance with confidential access rules, was opened and left for him in his cell when he was absent from the wing. We were satisfied that the correct procedures are usually in place for confidential access letters and that this was an isolated incident of human error.
Recommendations/outcome: Frankland agreed to remind censors that letters from Care Quality Commission are subject to confidential access and should be handled appropriately.
Upheld complaint against the Governor at HMP Onley
Complaint category: Accommodation
Subcategory: Hygiene
Summary: The prisoner complained that biohazard waste was not disposed of correctly.
Recommendations/outcome: We asked the prison to demonstrate that they had issued a notice to staff reminding them of the processes to follow when handling biohazard waste on the wing.
Upheld complaint against the Governor at HMP Send
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained that items of clothing went missing when using the prison laundry.
Recommendations/outcome: The investigation found that it was likely that items went missing when being laundered, so we asked the prison to compensate the prisoner for them. The prison was asked to review its laundry policy to ensure prisoners have a record of what is being handed in for laundering.
Partially upheld complaint against the Governor of HMP Isle of Wight
Complaint category: Medical
Summary: The prisoner complained that he was not allowed an extension lead for a continuous positive airway pressure (CPAP) machine. An extension lead had been purchased. However, the use of a multiple plug extension was not possible as it overloaded the electrics in the (shared) cell.
Recommendations/outcome: Whilst an element of the delay to resolving the matter was the prisoners wish to remain on the wing, it took five months and the need to escalate the complaint for it to be resolved.
We hold the view that this complaint should clearly have been resolved by the prison without reference to IPCI.
Partially upheld complaint against the Director at HMP Five Wells
Complaint category: Categorisation
Subcategory: Recategorisation
Summary: The prisoner complained about being refused Category D status. We partially upheld the complaint on the basis that the prison had wrongly relied upon a dismissed adjudication when carrying out the categorisation review.
Recommendations/outcome: We asked the prison to carry out a fresh categorisation review with no reference to the dismissed adjudication.
Partially upheld complaint against the Director at HMP Northumberland
Complaint category: Administration
Subcategory: Record keeping
Summary: The prisoner complained about incorrect information being recorded on his P-NOMIS record. We found that incorrect information regarding sexual convictions had been recorded on a number of occasions.
Recommendations/outcome: We asked the prison to apologise for recording incorrect information on the prisoner’s P-NOMIS record. We also asked for any references to sexual offending to be removed, or updated to reflect that the prisoner does not have any sexual convictions.
Partially upheld complaint against the Director at HMP Parc
Complaint category: Property
Subcategory: Not allowed/confiscated
Summary: The prisoner complained that books sent in by post had been withheld due to having a positive indication for illicit substances. The prison was unable to provide records of the swab testing and provided misleading information to both the prisoner and investigator.
Recommendations/outcome: We asked the prison to apologise for the poor handling of the complaint and to provide the missing swab testing records. We also asked for the books to be (re)tested and all the prisoner to have any that did not have a positive indication.
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 The Mount
Complaint category: Property
Subcategory: Lost
Summary: The prisoner complained that some of their stored property had been lost when they transferred from HMP Peterborough to HMP The Mount. They subsequently transferred to HMP Spring Hill and when the property stores were checked, at the Investigator’s request, the property was located.
Recommendations/outcome: No recommendations made as the prisoner confirmed that they had now received their property.
We hold the view that this complaint should clearly have been resolved by the prison without reference to IPCI
Partially upheld complaint against the Director at HMP Peterborough
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained that two bags of his personal possessions had been deliberately stolen and found to be in another prisoner’s possession. He asked for compensation. The prisoner also complained that he had not received a response to his complaint.
Recommendations/outcome: Following the Investigator’s intervention, the prisoner eventually received a 2nd stage response and an apology from Peterborough. However, there was no evidence to support his primary complaint. The investigation found the mismanagement of this issue was as a result of staffing issues. These issues have now been addressed and measures put in place to ensure no repetition. We upheld the secondary element concerning the prison’s failure to respond to his complaint.
Partially upheld complaint against the Governor of HMP Moorland
Complaint category: Letters
Subcategory: Rule 39
Summary: The prisoner complained that staff at HMP Moorland inappropriately opened his Rule 39 mail. Responses to our enquiries were not consistent with the complaint response given to the prisoner. This called into question the accuracy of Moorland’s records concerning the handling of Rule 39 and meant we were unable to effectively investigate whether there was a pattern of staff having inappropriately opened Rule 39 mail.
Recommendations/outcome: We partially upheld this complaint and recommended that the Governor at Moorland ensures that an appropriate member of staff reviewed the Rule 39 process and ensured it complies with the Policy Framework. We also asked that the prison investigates the handling of this complaint and provides us with a written report.
Partially upheld complaint against the Governor of HMP/YOI Wetherby
Complaint category: Assault
Subcategory: Staff assault (not UOF)
Summary: A female resident of HMP Wetherby complained she had been sexually assaulted by a member of staff at the prison.
Recommendations We partially upheld the complaint on the basis that we couldn’t obtain clear evidence to prove or disprove the allegation. Our investigation identified an unconfident and inconsistent approach to the searching of females generally at the establishment and the management of this issue. We recommended the member of staff apologise if he had accidentally touched the female resident. We additionally recommended that the Governor of HMP Wetherby seek support from staff in the women’s estate in the delivery of regime for females, and the Executive Director of the YCS consider whether females are appropriately placed in the YP estate.
Upheld complaint against the Governor of HMYOI Wetherby
Complaint category: Transfers
Summary: A female resident complained that due consideration was not being applied to her transfer following incidents that had occurred previously. Our investigation established that whilst there was a mechanism to convene complex case meetings to discuss such cases, this needed to have taken place earlier to reduce the anxiety caused.
Recommendations/outcome: We upheld the complaint. We raised the issue of better placement of female YPs across the estate with HMPPS.
Upheld complaint against the Governor of HMP Stocken
Complaint category: Adjudication
Subcategory: Charge/findings
Summary: The prisoner complained that their adjudication charge should be dismissed based on procedural error. The prisoner did not attend the hearing due to a medical appointment, and the hearing was not adjourned and heard in their absence.
Recommendations/outcome: We asked that the adjudication be quashed, and the prisoner compensated for the cost of damages deducted from their account following the adjudication.
We hold the view that this complaint should clearly have been resolved by the prison without reference to the IPCI.
Upheld complaint against the Governor of HMP Wakefield
Complaint category: Visits
Subcategory: Restrictions/delays
Summary: The prison refused two visitor requests due to a concern that the visitors were planning to use the visits to collect journalistic material for publication. We were not satisfied that this decision was in line with Prison Service policy.
septRecommendations/outcome: We asked the Governor of Wakefield to review both visitor applications and provide detailed reasons for any decision. In future, where there are any cases of doubt with regards to approving visitors, applications should be referred to the Operational Partnership Team at Headquarters.
Upheld complaint against the Governor at HMP The Mount
Complaint category: Property
Subcategory: Missing
Summary: The prisoner transferred from The Mount to Highpoint but some of his property did not arrive at Highpoint. The Mount could not provide the Cell Clearance Certificate or any evidence that they had checked the prisoner’s property before he left the establishment.
Recommendations/outcome: We asked the Governor to compensate the prisoner for the missing items; and to ensure staff are aware of the obligation to complete and retain cell clearance paperwork, and to maintain complete and accurate property records.
Upheld complaint against the Governor at HMP The Mount
Complaint category: IEP
Subcategory: Reviews
Summary: The prisoner was downgraded to basic regime and his status was not reviewed within the timeframes required by policy.
Recommendations/outcome: The prison accepted they had not reviewed the prisoner’s IEP status in line with policy but, as they had acknowledged this and put steps in place to address their errors, no formal recommendations were made.
Partially upheld complaint against the Governors at HMP Wymott and HMP Full Sutton
Complaint category: Property
Subcategory: Missing
Summary: HMP Wymott did not complete a cell clearance certificate as required by HMPPS Policy. HMP Full Sutton lost the prisoner’s Xbox after a security search.
Recommendations/outcome: Governors of both prisons to pay compensations to the prisoners for the missing property.