Complaints investigation summary for September 2023
We completed 156 complaint investigations in September 2023.
- 104 were not upheld
- 30 were upheld and partially upheld
- 22 were mediated
Partially upheld complaint against the Governor of HMP Peterborough
Complaint category: Property
Subcategory: Lost
Summary: The prisoner complained that some of his stored property, and in-possession property, had been lost by HMP Peterborough when they transferred from HMP Holme House to HMP Littlehey, with an overnight stop at Peterborough.
Recommendations/outcome: We upheld the stored property aspect of the complaint, as although the evidence showed that stored property had arrived at Peterborough, there was no evidence to show that it accompanied the prisoner, or that it was sent on to Littlehey. We recommended that the prisoner was offered £204 to cover the loss. We also asked that accurate responses should be given when we asked specific questions. This did not happen on this occasion.
Partially upheld complaint against the Governor at HMP Garth
Complaint category: Categorisation
Subcategory: Recategorisation
Summary: The prisoner complained that he was not provided with a Categorisation Contribution Form and was not supported to make representations in advance of his categorisation review. We found that after the prisoner appealed, the prison followed the correct policy for reconsideration, and he was given an extended appeal window to make representations.
Recommendations/outcome: The issue was rectified.
Upheld complaint against the Governor at HMP Garth
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained that some items of his clothing went missing from the laundry. We found that the prison was responsible for the loss of the clothing whilst they were in the laundry.
Recommendations/outcome: We asked the Governor to compensate the prisoner for his missing laundry and to ensure that there is a system in place for providing prisoners with a receipt for items handed over for laundering.
Upheld complaint against the Governor at HMP Stoke Heath
Complaint category: Administration
Subcategory: Complaints procedure
Summary: The prisoner complained that they did not receive a response to one complaint and received a response to another very late. We found that Stoke Heath had not followed policy to respond to the prisoner in a timely manner and for the former complaint had not responded at all.
Recommendations/outcome: We reminded the Business Hub Manager and Governor to respond to complaints in line with the Prisoner Complaints Policy Framework
Upheld complaint against the Governor at HMP Stoke Heath
Complaint category: Administration
Subcategory: Complaints procedure
Summary: The prisoner complained that he had submitted complaints to appeal two behaviour warnings, but these had either not been properly addressed, or not answered at all.
Recommendations/outcome: We recommended that Stoke Heath remind staff of their obligations under the Prisoner Complaints Policy Framework.
Upheld complaint against the Governor at HMP Stafford
Complaint category: Equalities
Subcategory: Sexuality
Summary: The prisoner said that the prison had committed a data breach and indirectly revealed his personal information to other prisoners when inviting him to an equalities event without properly informing him what the event was.
Recommendations/outcome: We asked Stafford to make amendments to way they invite prisoners to equalities events. We did not comment on whether this was a data breach as this is the remit of the Information Commissioner.
Upheld complaint against the Governor of HMP Whitemoor
Complaint category: Regime
Subcategory: Segregation
Summary: The prisoner complained that a probationary prison officer was on duty in the Close Supervision Centre (CSC).
Recommendations/outcome: During the investigation we found the Governor had already taken remedial action. A notice had been issued to staff reminding them of the need to ensure that staff on gated duties must be out of their probation period. In addition, incoming staff arriving to work on the CSC were required to confirm that they had completed their probation period.
Partially upheld complaint against the Governor of HMP Nottingham
Complaint category: Staff Behaviour
Subcategory: General
Summary: The prisoner complained that staff had allowed another prisoner to receive an email which contained his picture, name and offence.
Recommendations/outcome: The prisoner had already received an apology from staff for this incident. We asked the prison to arrange for the circumstances of the complaint to be investigated, and for appropriate remedial action to be taken with the staff member involved.
Upheld complaint against the Governor of HMP Whitemoor
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained about the loss of his property after he transferred from one wing to another.
Recommendations/outcome: We asked the prison to reinvestigate the complaint, with the expectation that an offer of compensation be made in line with national guidance.
Upheld complaint against the Governor of HMP Nottingham
Complaint category: Staff behaviour
Subcategory: Use of force
Summary: The prisoner complained that he had been assaulted by staff.
Recommendations/outcome: On investigation, we were satisfied that staff had initiated use of force too early, without exploring other opportunities to de-escalate the situation. The Governor had already arranged for staff to receive extra training in how to manage conflict using communication, and for the officer who initiated the use of force to receive extra training.
Partially upheld complaint against the Governor of HMP Littlehey
Complaint category: Adjudication
Summary: The prisoner was charged with fighting, but claimed it was self-defence and he was the victim of an assault. The Record of Hearing (ROH) demonstrated the adjudicator did not question the disparity in RO’s evidence between the DIS1 and his account during the hearing. Another officer who attended the incident was also not called. There was no CCTV or BWVC footage provided as evidence, nor was there any mention of it during the hearing of any footage. The RO should have been asked to provide more detail or produce the footage which would have clarified the charge laid and the discrepancy between the DIS1 and evidence at the hearing.
Recommendations/outcome: We recommend the charge be quashed.
Partially upheld complaint against the Governor of HMP Full Sutton
Complaint category: IEP
Subcategory: Downgrade
Summary: The prisoner complained that he was unfairly downgraded Enhanced IEP to Basic after a fight. However, after the adjudication process his case was dismissed. In line with policy after the case was dismissed, his IEP status should have been reviewed. A review did not take place. Therefore, the complaint was partially upheld.
Recommendations/outcome: The Governor at Full Sutton was asked to remind staff to familiarise themselves with the national and local IEP schemes. Also, we sent an email to the prison the prisoner moved to, to ask them to review the prisoners IEP status if it hadn’t already been done since his transfer.
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 Whitemoor and Full Sutton
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained the prison had packed his property but failed to properly record details of it. This resulted in some property being sent to Full Sutton and some remaining at Whitemoor.
Recommendations/outcome: As a result of the lack of cell clearance paperwork, we upheld the complaint and recommended £400 compensation be paid by Whitemoor. Full Sutton apologised for not making enquires on behalf of the complainant.
We hold the view that this complaint should clearly have been resolved by the prison without reference to IPCI.
Upheld complaint against the Governor of HMP Whitemoor
Complaint category: Property
Subcategory: Damaged
Summary: The prisoner complained that his stereo system and DVDs were damaged after his cell was cleared at HMP Full Sutton and the property was forwarded to him at HMP Whitemoor.
Recommendations/outcome: We found that after the cell clearance, the prisoner’s property was held for a further week at Full Sutton before being picked up by Whitemoor staff. There were significant delays in the property being processed at Whitemoor, where eventually the damaged items were recorded. As the transportation was undertaken by Whitemoor, and they were responsible for the delays in processing, we asked that Whitemoor pay compensation of £172.
We hold the view that this complaint should clearly have been resolved by the prison without reference to IPCI.
Upheld complaint against the Governor of HMP Belmarsh and the Isle of Wight
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained that two bags of property were left at HMP Isle of Wight when he transferred to HMP Belmarsh. The bags were subsequently sent to Belmarsh, but refused as they were not sent via DX couriers. The bags were destroyed by Royal Mail following a second failed delivery. Our investigation established that there was no record of the contents of the bags, they were not checked prior to transfer, and there were irregularities in the seal numbers.
Recommendations/outcome: Our investigation found the prisons to be equally liable for the missing property, both in terms of the failure to properly record what the bags contained, and not accepting the bags. We asked that they both apologise to the complainant and share compensation costs of £456.
We hold the view that this complaint should clearly have been resolved by the prison without reference to IPCI.
Upheld complaint against the Governor of HMP Nottingham
Complaint category: Administration
Subcategory: General
Summary: The prisoner complained that they had suffered a data loss as a letter containing personal address and banking information was delivered to the wrong prisoner.
Recommendations/outcome: HMP Nottingham internally investigated and implemented procedural change.
Upheld complaint against the Governor of HMP Manchester
Complaint category: IEP
Subcategory: Negative entry
Summary: The prisoner complained that NOMIS entries regarding a positive body scan had not been amended after HMP Manchester confirmed a mistake had been made.
Recommendations/outcome: HMP Manchester accurately amended the NOMIS case notes to reflect the error made.
We hold the view that this complaint should clearly have been resolved by the prison without reference to IPCI.
Partially upheld complaint against the Governors at HMP Manchester and HMP Frankland
Complaint category: Property
Subcategory: Missing
Summary: Our investigation concluded that it was not able to locate where the property was lost as neither prison was able to provide a sufficient audit trail.
Recommendations/outcome: Partially upheld complaint as there was evidence some of the property was lost by the prison between the segregation unit and transfer. Both prisons accepted and agreed to pay half the recommended compensation for missing items. Staff at both prisons to be reminded of complaints policy. Manchester staff reminded of cell clearance procedures.
Upheld complaint against the Governor at HMP Wymott
Complaint category: Property
Subcategory: Lost
Summary: The prison accepted they took inadequate action to investigate the complaint, because it was directed at a previous prison.
Recommendations/outcome: Complaint upheld. The prison accepted it was their responsibility to make every effort to liaise and resolve complaints and follow complaints policy properly. They accepted it is not the role of the Ombudsman to carry out work which should be the responsibility of the prison. We returned the complaint to Wymott for them to investigate. We asked the Governor to remind staff of complaints policy – in particular the need to adopt a problem-solving approach.
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 Doncaster
Complaint category: Transfers
Subcategory: Regime / facilities
Summary: The prisoner complained that the prison did not provide a suitable vehicle for his transfer with due regard to his disabilities. When responding to his complaint, the prison failed to address this aspect of his complaint at all.
Recommendations/outcome: The Person Escort Record for the transfer stated that, while the prisoner had some mobility issues, they did not require a special vehicle. This should have been clearly addressed when replying to the complaints. We wrote to the prison’s Director to highlight our concerns regarding the poor complaint responses.
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 Rye Hill
Complaint category: Equalities
Summary: The prisoner complained about the availability of larger size footwear for the gender with which they identify.
Recommendations/outcome: Our investigation found that the prison response was inadequate, and they took an unreasonably long time to arrange alternatives footwear suppliers. We wrote to the prison to highlight our concerns about the way this complaint was handled and our concern that they did not have an Equalities Officer in post.
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 Long Lartin
Complaint category: Staff Behaviour
Subcategory: General
Summary: The prisoner complained that a Custodial Manager (CM) had knowingly and intentionally moved him from one wing to another and that this placed him in danger from two prisoners who had previously attacked him. The prisoner also asked for BWVC footage to be retained from whilst he was on route to the new wing. However, the prison failed to address this aspect of his complaint.
Recommendations/outcome: Whilst we concluded the CM’s decision was reasonable, as the evidence showed that the wing move was to ensure that the prisoner was safe from other prisoners on his existing wing and risks were appropriately assessed we were concerned that the BWVC was not sought or retained. This aspect was upheld, and the Governor reminded of their responsibilities.
We hold the view that the secondary aspect of this complaint should clearly have been resolved by the prison without reference to the IPCI.
Upheld complaint against the Governor of HMP Durham
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained that his property was lost after he transferred to another prison.
Recommendations/outcome: Our investigation found that this was the case. We upheld this complaint and recommended that the Governor at HMP Durham pay the complainant financial compensation for the loss of his property. This recommendation has been implemented.
Upheld complaint against the Governor of HMP Nottingham
Complaint category: Property
Subcategory: Missing
Summary: The prisoner complained that many items of his stored property went missing while he was at HMP Nottingham. Nottingham had paid him some compensation but had no evidence that he had accepted this as full and final compensation for the loss of his items and so it was necessary to investigate.
Recommendations/outcome: We upheld this complaint but found that Nottingham had previously paid sufficient compensation and so it was not necessary to recommend a further compensation payment.
Upheld complaint against the Governor at HMP Wakefield
Complaint category: Work and Pay
Subcategory: Pay and conditions
Summary: The prisoner complained that as a result of being removed from a job, for behavioural reasons, he was put on nil pay until he secured another job. However, before securing another job, the prisoner applied for several jobs for which he was eligible. We found that while the prison acted according to their local policy, this was not compatible with national policy.
Recommendations/outcome: The Governor agreed to back pay the prisoner from when he started to apply for jobs for which he was eligible. In addition, the Governor agreed to amend local policy to include a 28-day review of prisoners on nil pay with a view to moving them onto either jobseekers or unemployment pay.