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.