Complaints investigation summary for February 2024
We completed 148 complaint investigations in February 2024.
- 108 were not upheld
- 2 were not upheld mediated
- 24 were upheld and partially upheld
- 14 were upheld or partially upheld mediated
Upheld complaint against the Governor of HMP Lincoln
Complaint category: Adjudication
Summary: The prisoner complained that he was placed on a charge and found guilty of damaging property, even though it was part of an act of self-harm. He further complained that a recovery of costs was imposed and deducted in two lump sums. We found that, in line with PSI 5/2018, no charge should have been laid.
Recommendations/outcome: The finding of guilt to be quashed and full costs refunded.
Upheld complaint against the Governor of HMP Standford Hill
Complaint category: Accommodation
Subcategory: Hygiene
Summary: The prisoner complained that the toilet block on his wing had not been cleaned for three weeks. Our investigation found that a new cleaning regime had subsequently been introduced, and that the prisoner agreed that hygiene was no longer an issue.
Recommendations/outcome: We were satisfied that the prison had implemented sufficiently improved cleaning procedures.
We hold the view that this complaint should have been resolved by the prison without reference to IPCI.
Partially upheld complaint against the Governor of HMP Frankland
Complaint category: Visits
Summary: The prisoner complained that, whenever he was the only prisoner having a visit, he and his family were always placed at the table nearest to staff even though there were other tables available, and that this compromised his right to privacy.
Recommendations/outcome: We partially upheld this case because we found the prisoner had been misinformed about the reasons for the decision, but we were satisfied that the decision itself was appropriate.
Upheld complaint against the Governor of HMP Belmarsh
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained items of property went missing at some point between his transfer from Onley to Belmarsh, and on to a further establishment.
Recommendations/outcome: We upheld the complaint it was clear that at least one bag of property was not recorded at Belmarsh. On balance it was likely that this contained canteen and was disposed of, without giving the prisoner the opportunity to post it out or otherwise dispose of it. Belmarsh agreed to offer a nominal amount of compensation.
Partially upheld complaint against the Governor of HMP Frankland
Complaint category: Categorisation
Subcategory: Recategorisation.
Summary: The prisoner complained a decision letter sent by the Director of Security regarding his Category A review was incomplete and untidy. He additionally complained about the way his complaint was handled.
Recommendations/outcome: We partially upheld the complaint on the basis that the outcome sent by the Director was incomplete, as verified by the complainant and a member of prison staff but did not agree that his complaint was badly handled.
Upheld complaint against the Governor of HMP Lincoln
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained that canteen he ordered had not been delivered, and clothing was missing when he transferred from HMP Lincoln to Whatton.
Recommendations/outcome: We upheld the complaint, but there were no formal recommendations as HMP Whatton had located the missing stored property and Lincoln reimbursed them for the missing canteen.
We hold the view that this complaint should have been resolved by the prison without reference to IPCI.
Partially Upheld complaint against the Director of HMP Swaleside
Complaint category: IEP
Subcategory: Level
Summary: The prisoner complained that his IEP status had been downgraded from enhanced to standard.
Recommendations/outcome: We partially upheld the complaint as although the reasons for the downgrade were valid, the prison had not followed their local policy regarding notification of IEP reviews and downgrades. The prison agreed to issue a Notice to Staff reminding them of their obligations.
Partially upheld complaint against the Director of HMP Long Lartin
Complaint category: Staff behaviour
Summary: The prisoner complained that staff were not completing paperwork for each individual act of self-harm he committed. The ACCT documentation was reviewed, and it showed that ACCT paperwork was missing for some of the dates the prisoner had flagged.
Recommendations/outcome: We partially upheld the complaint because ACCT paperwork was not available for all dates required. No formal recommendations were made as it was considered that the missing paperwork was due to an administrative error, rather than a deliberate act.
Partially upheld complaint against the Director of HMP Fosse Way
Complaint category: Accommodation
Subcategory: In-cell
Summary: The prisoner complained that it had taken staff 40 minutes to answer his cell bell on 1 August 2023.
Recommendations/outcome:
We partially upheld the complaint as there is an expectation that cell bells will be answered within five minutes. However, on the day in question, while the prison was in night state, a system malfunction had set fire alarms off all across the prison. Staff were required to physically check every area for any sign of a fire. No recommendations were made as this was an extra-ordinary set of circumstances and it was clear from correspondence with Fosse Way that staff are aware that cell bells should be answered as soon as possible and ideally within five minutes.
Partially upheld complaint against the Director of HMP Parc
Complaint category: Staff Behaviour
Subcategory: General
Summary: The prisoner alleged that the prison had failed to comply with the obligations under the PSI regarding complaints procedures, following a complaint about staff behaviour.
Recommendations/outcome: We partially upheld his complaint on the basis that the prison confirmed that at the time of the complaint, the complaints process switched to an online google system, which failed to register received complaints (the new process was subsequently abandoned). The prison issued the prisoner a letter of apology.
Partially upheld complaint against the Governor of HMP Highpoint
Complaint category: Staff behaviour
Subcategory: Bullying/harassment
Summary: The prisoner complained that an officer assaulted him while he was being transferred from HMP Highpoint, and this was part of a wider campaign of bullying and harassment.
Recommendations: We partially upheld this complaint on the basis that the prison had not retained CCTV footage and had not appropriately investigated the prisoner’s complaint. We recommended that the Governor conduct a full and proper investigation of the complaint and reminds staff of the requirements for completing use of force paperwork.
Upheld complaint against the Governor at HMP Berwyn
Complaint category: Property
Subcategory: Missing in the laundry
Summary: The prisoner complained that his property went missing in the prison laundry.
Recommendations/outcome: The investigation revealed the prison had not correctly interpreted the policy framework relating to the prison’s responsibility for property handed over to the laundry. We therefore recommended the prison consider introducing a procedure to itemise all items sent to the laundry to ensure the maintenance of clear and accurate records. We also recommended the prison apologised to the prisoner and paid full compensation for the missing items.
We hold the view that this complaint should have been resolved by the prison without reference to IPCI and, as a recurring issue, this has been escalated to the relevant national policy team.
Partially upheld complaint against the Governor at HMP Rochester
Complaint category: Property
Subcategory: Missing/Damaged
Summary: The prisoner complained that is property was missing after he set a cell fire.
Recommendations/outcome: The prison had not maintained clear and accurate property records, so we recommended a Notice to Staff is issued, reminding them of the requirements of the policy framework. Additionally, we asked the prison to provide evidence of their procedures for removing and storing property in the event of a fire.
Partially upheld complaint against the Governor at HMP The Mount
Complaint category: Video Calls
Subcategory: Restrictions
Summary: The prisoner complained that he was not getting access to video calls with his family.
Recommendations/outcome: Our investigation found that the prison did not act in line with national policy. We asked that the prison apologise to the prisoner, and issue notices to both staff and prisoners to ensure they were all aware of the timescales required to book and arrange video calls to meet the requirements of the policy.
Partially upheld complaint against the Governor at HMP Wakefield
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained that staff removed property from his cell after a cell search but did not record it on his property cards.
Recommendations/outcome: We recommended the prison compensate the prisoner for the missing items. We also recommended the prison issue notices to staff regarding the procedures of completing Cell Clearance certificates, the recording of property when it is removed from cells and the need to complete an Intelligence Report when unauthorised items are found in a cell.
We hold the view that this complaint should have been resolved by the prison without reference to IPCI.
Partially upheld complaint against the Governor at HMP Wakefield
Complaint category: Equalities
Subcategory: Disability
Summary: The prisoner was deaf and complained that he could not access to a TV with subtitles which prevented him from using his TV.
Recommendations/outcome: Our investigation found that the prison was aware of the prisoner’s needs therefore we recommended the prison issue an apology to the prisoner for not relocating him to a suitable cell at the earliest opportunity. We also recommended the prison compensate the prisoner for charges paid for a TV he was unable to use and issue a notice to staff to ensure reasonable adjustments are made to accommodate the needs of prisoners with a disability.
Upheld complaint against the Governor in HMP Berwyn
Complaint category: Letters
Subcategory: Rule 39/Confidential Access
Summary: The prisoner complained that a letter from his solicitor had been opened by staff despite it being clearly marked as ‘Rule 39’ mail.
Recommendations/outcome: We upheld the complaint. Berwyn apologised to the prisoner and assured him that the Rule 39 procedures had been re-enforced with the mail room.
Upheld complaint against the Governor in HMP Berwyn
Complaint category: Work and Pay
Subcategory: Loss of job
Summary: The prisoner complained that he had been unfairly dismissed from his job in the DHL workshop at Berwyn after he was seen passing a vape to another prisoner.
Recommendations/outcome: We upheld the complaint because although the prisoner had breached his DHL compact, the prison had not followed their own Activity and Allocation policy, or IEP policy and the prisoner had therefore not been correctly removed from his employment. We recommended that the Governor compensate the prisoner for loss of earnings. We asked that the prisons’ Activity and Allocation strategy and IEP policy is updated to include a step-by-step process for dismissal, and that this is communicated to all relevant staff.
Upheld complaint against the Governor in HMP Nottingham
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained about property lost when staff in HMP Nottingham cleared his cell. Our investigations found that the cell was not cleared in line with national policy in respect of cell clearance.
Recommendations/outcome: We recommended that the Governor compensate the prisoner for the lost property and apologise for not resolving the matter locally. We also recommended that the Governor ensured staff were aware of national policy on cell clearance – and used the approved cell clearance certificates prescribed by the policy.
We hold the view that this complaint should have been resolved by the prison without reference to IPCI.
Upheld complaint against the Governor in HMP Leeds
Complaint category: Property
Subcategory: Missing
Summary: A prisoner complained about property lost when staff in HMP Leeds cleared his cell. Our investigations found that the cell was not cleared in line with national policy in respect of cell clearance.
Recommendations/outcome: We asked the Governor to compensate the prisoner. We made a set of recommendations to address the failure to follow national policy, principally around the cell clearance process, gifting, and the administration of confiscated property.
Upheld complaint against the Governor in HMP Manchester
Complaint category: Visits
Subcategory: Restrictions/delays
Summary: A prisoner complained about the time taken by staff in HMP Manchester to allow him access to virtual visits (purple visits).
Recommendations/outcome: We upheld the complaint and recommended that the Governor review the prisoner’s application for virtual visits, and ensure he has appropriate access. In addition, consider crediting the prisoner for missed visits. We asked the Governor to review the process for the completion of the risk assessments for virtual visits and remind department heads of the need to respond quickly to requests for information.
Upheld complaint against the Governor in HMP Holme House
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained about property lost when staff in HMP Holme House cleared his cell.
Recommendations/outcome: We upheld the complaint as the cell clearance had not been conducted in line with national policy. We recommended that he was paid compensation. We made further recommendations in relation to compliance with the cell clearance process and in relation to the complaints process.
We hold the view that this complaint should have been resolved by the prison without reference to IPCI.
Upheld complaint against the Governors in HMP Stocken and HMP Sudbury
Complaint category: Other
Summary: The prisoner complained about an inaccurate entry made in his NOMIS record in September 2021.
Recommendations/outcome: We upheld the complaint and recommended that the Governors in HMP Stocken and HMP Sudbury review the entry made and arrange for the necessary change to be made.
We hold the view that this complaint should have been resolved by the prison without reference to IPCI.
Upheld complaint against the Governor in HMP Stocken
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained about property lost when he moved from HMP Stocken to HMP Long Lartin.
Recommendations/outcome: We upheld the complaint and recommended that the Governor pay compensation and remind staff of national policy around cell clearance and completion of property cards.
Upheld against the Governor in HMP Nottingham
Complaint category: Prisoners
Subcategory: Assault
Summary: The prisoner complained he had been assaulted by another prisoner and staff at Nottingham had failed to provide adequate support to him and failed to sanction the perpetrator.
Recommendations/outcome: We upheld the complaint and recommended that the Governor apologise for failing to adequately support the prisoner. We recommended the Governor ensures staff receive appropriate training in the implementation of Nottingham’s Safer Custody policy and the Prison Service Instructions for Managing Prisoners Safety and Investigation Learning Following Incidents of Serious Self-harm and Assaults.
We also recommended that the Governor issue a notice to staff, including healthcare staff, to remind them to make appropriate detailed entries in prisoners’ NOMIS case notes showing how victims of assault have been supported and when prisoners have been the perpetrators of violence. We recommended that NOMIS case notes should be regularly spot checked and quality assured by Nottingham’s SMT.
Upheld complaint against the Governor in HMP Nottingham
Complaint category: Property
Summary: The prisoner complained he was unable to wear funeral clothing to his mother’s funeral despite having prior authorisation to do so.
Recommendations/outcome: We upheld the complaint, however we did not make any recommendations as the prison had already offered an apology, an explanation for the error on the day of the funeral and reimbursement to the prisoner’s family for the cost of delivering the clothing to the prison.
Upheld complaint against the Governor at HMP Bullingdon
Complaint category: Administration
Subcategory: Complaints procedure
Summary: A prisoner believed staff had not adequately investigated his complaints about staff making malicious entries on NOMIS.
Recommendations/outcome: The prison agreed to bring our concerns about the inadequate investigation to the investigating officer’s attention and to issue the prisoner with a formal apology for these failings. They also agreed to review the negative NOMIS entries that were made.
Upheld complaint against the Governor at HMP Wymott
Complaint category: Administration
Subcategory: Complaints procedure
Summary: The prisoner complained about the way in which his complaint about his broken bed had been handled.
Recommendations/outcome: IPCI found some administrative errors with the handling of this complaint. Following our engagement, the bed was fixed, and staff explained the delays to the prisoner.
We hold the view that this complaint should have been resolved by the prison without reference to IPCI.