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My response to Dame Anne Owers
As it’s Independence Day (USA) I thought it would be fitting to take a few moments to consider the independence of the Independent Monitoring Board (IMB) which operate in every prison and detention centre in England and Wales.
Yes, I have mentioned it before, once or twice.
Pages 4-6 of the June edition of ‘Independent Monitor’ the journal of the Association of Members of Independent Monitoring Boards (AMIMB) carries an article bylined to the National Chair of the IMB, Dame Anne Owers. The article sets out her thoughts on the current state of the IMB’s and her vision for their future.
It focuses on the new Governance structure highlighting that it must enhance
- The Independence of IMB’s
- The Effectiveness of IMB’s
- The Impact of IMB’s
When a National Chairman has to say “It is important to be clear what we are independent of, and what we are independent for” it should immediately ring alarm bells. For an organisation that has existed since April 2003, surely this should have been established and implemented years ago.
She continues: “The IMB’s as a whole need to be, and to be seen to be, independent of the departments that sponsor them”.
So, by her own admission they are not independent then?
How an organisation with its headquarters on 9th Floor, Orange Core, 102 Petty France, London can purport to be independent is frankly astonishing.
When I have sent emails to the IMB Secretariat it has been the MOJ that have responded, and vice versa. Talk about living in each other’s pockets.
This has been my argument for a couple of years.
And another gem:
“…we are developing a framework agreement with the Ministry of Justice, to clarify our independent role, our relationship with the sponsoring department and ministers…”
What! after 15 years?
“Independence is an important touchstone for us all. But it exists for a purpose: to ensure that there is effective monitoring that has an impact on the conditions, treatment and outcomes for prisoners and detainees”
We have all seen the state of the prisons in England and Wales, the squalor, the fact that they are unsafe for both staff and prisoners and we have now have 11 prisons in special measures.
What does this say of the effectiveness of the IMB?
It is well documented in the public domain in reports by the Chief Inspector of Prisons, in local and national press, TV documentaries, hidden camera exposés, oral and written evidence given to various Select Committees, etc. that there very clearly is a unfolding humanitarian crisis in our prisons.
On the IMB website it states that for members “Their role is to monitor the day-to-day life in their local prison or removal centre and ensure that proper standards of care and decency are maintained”.
Proper standards of care have not been maintained. Proper standards of decency have not been maintained.
This means that the IMB has comprehensively failed in its purpose.
The IMB is not some vanity project for Ministers to appoint people to and to dismiss people from. Neither is it an arms-length body of any central Government department to sponsor in a whimsical way for its own ends.
IMB is part of the United Kingdom’s National Preventative Mechanism (NPM), created to meet the obligations of The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). This is an international human rights treaty designed to strengthen the protection of people deprived of their liberty.
When will the IMB be brought to account for being ineffective and not fulfilling their statutory requirements to protect people deprived of their liberty?
Impact of IMB’s
This week in Court No 1 at the Royal Courts of Justice, the IMB will come under the spotlight of the judiciary. The case is: R (Faulder and others) v Sodexo Limited and the Secretary of State for Justice.
The Howard League for Penal Reform has provided evidence as this case raises vital concerns about the state’s ability to monitor private prisons.
It’s CEO, Frances Crook, in her witness statement considers the monitoring of private prisons by Independent Monitoring Boards (IMBs), volunteer members, and the official watchdog, Her Majesty’s Inspectorate of Prisons (HMIP).
Omissions characterise many IMB Annual Reports thus giving an unsatisfactory view of the prison estate in England and Wales. I have already written extensively on this.
I agree with Dame Anne that the IMB has increased its public profile. However, it has not increased its impact; recommendations and points for improvement contained in IMB reports are still routinely ignored. And by virtue of their frequency, being annual, the reports are already wildly out of date at the time of publication.
This is a far cry from real time information Dame Anne aspires to. And a far cry from the level of impact a body of monitors needs to have, especially given the state of the prisons in England and Wales, worsening by the day.
This week marked a very important milestone in the Criminal Justice System of England and Wales. On the evening of the 18th April a ‘Vigil for Justice’ took place outside 102 Petty France headquarters of the Ministry of Justice (MOJ). This uprising came from members of the establishment; Barristers were protesting. It signalled the transition from people being unhappy about, but living with, a broken legal system to people being unhappy, but vocalising their unhappiness, about it.
This week also marked a very important milestone for me. Two years ago I vocalised my unhappiness too. I attended the Independent Monitoring Board (IMB) monthly board meeting as the Chairman ready for a productive meeting with my colleagues when I encountered a carefully planned ambush. In that meeting I was required to give a statement confirming I was the author of the MOJ/IMB exposé “Whistle-Blower Without A Whistle” an article about the consequences of its poor governance which I had written for The Prisons Handbook 2016.
Today I have decided to make available my personal statement – word for word as delivered – which, until now, has never been shared publicly:
Statement from Faith Spear
Tuesday 19th April 2016
Please note: This statement is for the board only and has not be sent to any third party in part or as a whole.
“You will by now be aware of the lead Editorial bylined to Mark Leech and the article, which was dubbed as the special IMB exposé “Whistle-Blower Without A Whistle” bylined to Daisy Mallet, IMB Chair.
They have been published online at http://www.prisons.org.uk, they have been publicised on the social media channel Twitter @prisonsorguk and will soon to be published (on May 1st 2016) as part of a bound hardcopy in The Prisons Handbook 2016: Eighteenth Edition by Prisons.org.uk Limited. It’s a substantial work of reference with 1, 200-pages and a distribution circa 11,000 copies ISBN-10: 0957209851. ISBN-13: 978-0957209855
Before going to print both the Editorial and the special IMB piece were sent to and read by Rt. Hon Michael Gove MP, Lord Chancellor and Secretary of State for Justice, who has written the foreword to the book, to Andrew Selous MP, Parliamentary Under-Secretary for Justice, and to every member of the House of Commons Justice Select Committee.
In addition to that, on April 6th both articles were emailed to all IMB Chairs, all members, Clerks, the National Council and the Secretariat, by Billy Prendergast, IMB secretariat alongside a covering letter from John Thornhill (IMB President) without my prior knowledge.
These two articles tackle reforming the IMB and its governance. This makes them relevant for today’s Board meeting as we are focusing on governance. But they are also relevant to this Board for a second reason.
It was on Friday April 1st that the managing editor of The Prisons Handbook, Mark Leech, invited me to contribute a written piece to The Prisons Handbook 2016. He had read some of my work on prisons and thought I might have a view point that would interest the readers. He invited me to contribute a personal opinion piece to the debate towards improving the Independent Monitoring Board.
I accepted Mr Leech’s invitation and drafted a piece which he sub-edited. In fact my first draft took me just 2 hours because I already knew what I wanted to say. Anyway, there were several iterations back and forth. I was able to correct what I had personally written, to accept or reject the editor’s suggestions and to add or remove supplementary text in order to arrive at an opinion piece. I submitted my final version and it was accepted on April 6th.
The views expressed are my own private and personal views. Exercising my right of free speech, they are given as a private individual, an unpaid volunteer, appointed as an individual by the Secretary of State to be an IMB member.
The views are not given on behalf of this Board, the IMB, the National Council, the Secretariat, this prison, the MOJ or any other organisation or person. They are mine and mine alone.
My views are expressed in the hope of seeing much needed change. These are my own personal views and experiences, and I was not speaking on your behalf.
I get asked to contribute written work some is for academic journals some is for blogs. Those who know me know that I am interested in the bigger picture. I saw this as an opportunity to express my views to a wider audience within the Criminal Justice System. You know that I travel and visit other prisons, this piece is not a critique of Hollelsey Bay; it deals with the wider picture that I see across the prison estate in England and Wales.
Now, turning to one specific point, I fully understand concerns that some of you may have over the publication of this opinion piece, especially perhaps the paragraph on page 22 of the book in which I refer to recruitment of members to this Board. I wrote:
The consequence of the somewhat pathetic process is that I now have to steer certain members into their role when they are really hard work, and simply not suitable. On paper my Board is short of members, but in reality I just cannot face another recruitment campaign, so I try and build the team as best I can.
This reflects my opinion of the process of recruitment, not on you as individuals. If I had to initiate another recruitment campaign this is what would happen. It is not what is happening now, I am amazed at the enthusiasm I have seen from all the new members on our board and I feel we have a good team, and I really do appreciate you all.
There are other elements of the article that due to misinterpretation have been distorted and as a result may cause offence. This was never my intention and if it has caused any of you distress of any kind then I am truly sorry.
I have been asked why I did not send the draft to the board for editing. The draft of the article was not submitted to you in advance for review or approval because it is my own view.
If you had reviewed and approved it would become the view of this entire Board. It isn’t. It is my point of view, and I’m not asking for you to agree with it.
My sincere hope is that each one of you continues the important work we are doing here. Monitoring is very important. My aim is to continue to serve as Chair of this Board. We have much to do.
If in the light of the publication of this piece, and of the statement I have just made, your view of me has changed and you find you that you have questions about my ability to continue as Chair, you are free to express those views now.”
Several months later I learned from the MOJ that a draft copy of this statement had been circulated without my authorization to every member of the Board, which meant that they knew what I had planned to say and had ample time to collaborate and to commence their character assassination against me.
This set in motion a chain of events, including bullying, ostracization, suspension pending investigation, two investigations by the MOJ, and a disciplinary hearing at Petty France, which ultimately led to me being fired from my role as Chair by the Prisons Minister and banned from holding any role in the IMB for a period of five years.
Photo courtesy of @PrisonStorm
Mr David TC Davies (Twitter @DavidTCDavies), Conservative MP for Monmouth and chair of the Welsh Affairs Committee, has launched an inquiry into prison provision in Wales. At the moment, there are no facilities for women yet there are proposals for another “Titan” prison in South Wales at Baglan.
Let’s look briefly at the record
HMP Swansea, HMP Parc and HMP Cardiff rank amongst the worst prisons in the UK.
All have serious problems with prisoner-on-prisoner assaults, suicides, overcrowding and drugs. Here are some statistics:
Swansea: 80% of prisoners are in overcrowded cells. On arrival at the prison 53% have a drug problem and 32% have an alcohol problem.
Parc: this prison is ranked 111th place out of 117 in England and Wales. In 2017 there were 881 prisoner-on-prisoner assaults and 1451 incidents of self-harm.
Cardiff: 64.5% of prisoners are in overcrowded cells. There were 220 prisoner-on-prisoner assaults in 2017.
Usk/Prescoed: There is no full-time health care provision at either prison, concern by IMB of frequency of ‘lie downs’
If South Wales is serious about a new super prison it should first take a long look at what’s happened in North Wales:
Berwyn, the flagship of the MoJ which opened in February 2017.
Despite being Europe’s second biggest prison, with a capacity of more than 2,100, up to July of last year the £212m facility was less than a quarter full – with just over 500 inmates being catered for. By November there were 800 men.
Digging a little deeper, we find:
- HMP Berwyn received 319 complaints from prisoners February to September 2017.
- There were 219 complaints about the living quarters in the first seven months and 31 complaints about the quality of the food.
- There were 4 complaints about prisoner-on-prisoner violence or assault compared to 50 lodged by prisoners alleging abuse or assault by prison officers.
- Five of the alleged assaults were passed to North Wales Police for investigation, no action was taken over any of them.
- Ministry of Justice revealed that 376 items were confiscated from prisoners between its opening in February and October last year.
- 30 unspecified weapons, 56 items relating to drug paraphernalia and 34 mobile phones were among the items found in the possession of prisoners.
- Other items confiscated include 21 debt list items, 66 lighters, 17 USBs, 26 vaping objects and 10 chargers.
- There were also a number of items described as “miscellaneous” that were confiscated by prison officers.
So, whether prisons are new, old, Victorian, large, average size, have highly respected Governors or frankly those that should not be there (believe me I’ve met both!), it makes no difference as they all have similar issues to contend with:
Overcrowded. Understaffed. Underfunded.
To alleviate this prison crisis, we need fresh approaches in order to:
REDUCE the population: send fewer people to prison for non-violent offences
INCREASE the use of community orders
CUT the number of recalls
DEAL with indefinite sentences IPP’s convert to fixed length sentences?
FACILITATE prison release, therefore reduce self-inflicted deaths and reduce self-harm
REFORM prison estate and ensure all facilities are decent
SHARE best practice
INVEST in the long term and DELIVER in the short term
ADD more mental health facilities
The list can be endless and will depend on whether we see the purpose of prison as punishment, rehabilitation, both of these or a form of social cleansing.
Only last September, Lord McNally said in the House of Lords debate on prison overcrowding:
“We therefore have to understand the debate today which will be overwhelming in favour of sensible reform still has to pass that test of how we get a Secretary of State, a Prisons Minister and a Prime Minister who are willing to drive through reforms”
But that’s not the end of the story
We need a change in public attitude and that can only come from being informed and educated and not continually having issues covered up and hidden, the brushing under the carpet syndrome. There must be transparency.
We then need investment in life after prison in the provision of a home, a place of work, training or education and a reduction of the stigma in having a criminal record.
My year opened memorably
In January, the Prisons Minister, Sam Gymiah, wrote to sack me from my role as a Chairman of the Independent Monitoring Board (IMB) at HMP/YOI Hollesley Bay and to ban me for 5 years from IMB membership. I spoke out in the public interest for prison reform, highlighting key weaknesses I found in the MoJ. They shot the messenger.
I’ve written extensively on the reasons for this as those of you kind enough to have followed the story will know only too well.
No doubt the MoJ and IMB hoped they had heard the last from me.
I have not shut up and I have not gone away
In fact, if anything, as a direct result of media interest from radio, tv and the local and national press, my voice became heard more widely. I was given many chances to raise important issues on the state of prisons in England and Wales and I took them.
In April, I learned that I had been nominated for The Contrarian Prize 2017. It is a prestigious prize for those who have shown independence, courage and sacrifice. Those who nominated me liked the fact that I was unafraid to speak the truth to those in power, talking about the criminal justice system in the public interest. They recognised that doing so came at a huge personal cost including a face-off with the ‘goliath’ of the Ministry of Justice.
Also in April, producers at the BBC brought me onto a live link on BBC News Channel to talk about the problem of drones bringing in banned items into prisons. When presenter Julian Worricker asked for my take on it, I was able to outline the context of the issue and that it was impossible for all the drugs, phones etc within a prison to have been delivered via drones and that the new task force to be set up by the MoJ may have limited results. After working within the prison system for several years I was convinced that visitors and staff were likely routes in for contraband, yet security continued to be somewhat limited.
In May, I was delighted to join Lady Val Corbett, at her invitation, to attend the first of three ladies executive networking lunches. Each one inspired me and brought me into contact with remarkable women. Nicola McCalliog and Jo Apparicio are two women who I met through the lunches and who I especially admire; I look forward to the opportunity of working with them in the coming year. I have been amazed by the interest that was expressed in my own story and experience.
In my opinion, Lady Val has such determination, persistence, and guts! I thank her for accepting me into the Corbett Network as an associate member, it’s great to play an active part of something so vibrant.
In July, an article by Laurence Cawley was published on the BBC website. Here, the journalist wanted to explore in greater depth my experience with the IMB and the MoJ. The editorial team expected the article would get around 200,000 unique views. In fact, it reached 690,000 unique views on the first day and am told it was ranked the 8th most read article that day globally on the BBC. It was then I realised that there was a thirst by the public for coverage on justice matters.
In its mission statement, her Majesty’s Prison Service for England and Wales states that it:
“serves the public by keeping in custody those committed by the courts. Our duty is to look after them with humanity and help them lead law-abiding and useful lives in custody and after release.”
But it is shameful that HMPPS has fallen so short of its own mission statement. The situation in our prisons is worsening and really has become a humanitarian issue.
Also in July, I was invited to appear live on BBC News, this time in the studio, for an interview with Ben Brown about young people and children caught in the vagaries of the Criminal Justice System, highlighting the lack of care for these vulnerable individuals. This coverage proved a valuable opportunity to remind the public about the issue.
In August, I was invited to London to be interviewed by leading journalist, Simon Israel, who wanted to discuss the treatment I had encountered with the MoJ which tried to prevent me from speaking the truth concerning the prison crisis.
The interview went out on Channel 4 News causing quite a stir.
In the Autumn, I was part of one of the most important documentaries to be screened throughout the country. Here the theme was injustice and involved those from various angles within the Justice system. I was so delighted to meet those that had supported me over the last 18 months and together our voices were heard. There are more screenings planned for 2018.
This year new friendships were formed including Jane Gould (Clean Sheet) who works tirelessly in providing jobs for those that have been within the system and are often overlooked and penalised for having a criminal record. I joined her at the House of Lords for a tea reception.
My coffee and cake buddy Justin Williams has been a great friend. He has been a sounding board and has supported me when I have come under attack from those who have disagreed with my stand for prison reform.
On a lighter note, I was invited to the Opening Concert for Malta’s Presidency of the Council of the European Union by my friend Trevor Peel. Other invitations included ‘Why me’ evening at Clifford Chance with Peter Woolf and Mel Giedroyc; Probation Institute launch of Probation Services for Armed Forces Veterans under Supervision; ‘Fighting for Prison Reform’ at UCL and Robin Corbett Awards.
I have also taken up my usual seat at the Justice Select Committee on numerous occasions, the most memorable being when the IMB and AMIMB were in front of the committee. I listened carefully and made copious notes when the IMB President John Thornhill gave evidence. This man had caused so much harm to me and yet he was unaware that I was sitting right behind him. When he was informed who I was his face was like a rabbit in headlights. His plan to get rid of me had backfired, I was still there!
There were so many other events, meetings, coffee and cake times with those that have walked with me through 2017. I thank them all.
Richard Rowley, Daniel, Cranni, Jonathan Robinson, Jonathan Aitken, Unsound Robin, Charlotte, Khatuna, Chris Moore, Michael Irwin, Tracy Edwards…and more.
I started 2018 by celebrating with my twin sister our birthdays.
This year represents a year of great opportunity.
I intend to seize it with both hands.
This month marks one year since I sat in front of a disciplinary hearing at Petty France.
I had stood up and spoken out publicly on the state of our prisons and the state of the Independent Monitoring Boards that has a statutory role within each prison. Some may think I was too severe, and undermined the work that was done by volunteers. Others praised me for being brave enough to speak out as they were too fearful to face the consequences themselves.
I spoke from my experience and I spoke the truth. Seriously, the IMB is a shambles for the main part, a weak voiceless organisation that purports to be independent. Yes, there are some serious members that care about their role but blink and you will miss them! It’s not independent by any stretch of the imagination, it’s a department of the Ministry of Justice based at the MoJ headquarters Petty France.
I didn’t have to appear at the disciplinary hearing, the MoJ/IMB could have made a decision on my future as a Chairman of an IMB without my presence. I was determined to be there and try to uncover the ridiculous allegations against me. What a farce it was. I had been suspended from my role for 8 months and during that time was investigated twice by the MoJ.
During the investigation, I learnt that the article I wrote “Whistle blower without a whistle” in the Prisons Handbook 2016 was not an issue with the IMB Secretariat. The problem was that I spoke to the press. I was interviewed by my local paper ‘East Anglian Daily Times and by the ‘InsideTime’ prison newspaper. Suddenly my story was not only out in the open but was in every prison across the country.
Then came the prejudicial character assassination by both MoJ and IMB. I had struck a raw nerve. Three years previously the MoJ had commissioned Karen Page Associates to review the IMB. Conclusion was the IMB needed root and branch reform. They were so right, each board operating as a separate entity. There was nothing earth shattering about by article, I raised similar points to the review so why did the MoJ/IMB try to shut me down and silence me?
I believe it was a campaign initiated by a member of my board who had the audacity to send in additional material to the disciplinary hearing as he was scared that the decision would go in my favour and that I would reveal what was really going on in the IMB. It was rejected of course.
I didn’t realise that when you needed support or help in situations you faced as a member of an IMB it wouldn’t be available. There is so much I could say but basically the care team made up of members around the country that you could approach for support and guidance had been disbanded. So where difficult situations arose I was on my own.
Entering the hearing I was faced with a couple of familiar faces. The first panel member was on the executive committee for AMIMB. The same association that without permission had taken part of my article and printed it in their magazine and sent it to their members. So, no impartiality there.
I realised the MoJ had decided to change the terms of reference for the investigation without informing me, is that right?
The investigation was as a result of being suspended yet the direction and conclusion of the investigation had changed. I also found out the MoJ had been watching my every step for months and had a list of what I had said and when. Boy they were determined to silence me. I requested notes taken during the hearing and was disappointed but not surprised that so much that I had said was missed out. I don’t know what so-called “evidence” was sent to the Prisons Minister everything was done behind closed doors. They had made up their minds, nothing I could say or do would change that. Just as in the beginning of their campaign against me I knew there would not be fairness. Ironic that the IMB strapline is “Monitoring fairness and respect for those in custody”
Trying to silence me didn’t work
Since the hearing and at every opportunity without my hands being tied anymore, I have spoken out for positive change in the Criminal Justice System both locally and nationally.
I have met some amazing people, visited excellent schemes within prisons and worked with those I admire for their stand.
In trying to silence me the IMB/MoJ have given me a voice, a National voice. As I have said so many times before, I have never tried to raise my personal profile, for me the priority has been the issues I have raised. If you knew me you would understand this.
There have been so many that have walked beside me over the past year, some I have laughed with and some cried with. We have encouraged each other, we have shared our stories. I thank them all.
I am stronger now than I was a year ago and even more determined to play a part in the change that is needed within the Criminal Justice System.
I feel proud to have been nominated for the Contrarian Prize for 2017 and thank you to Ali Miraj and the judges for considering me for this prestigious prize. My congratulations go to Professor Patrick Minford for winning the Contrarian Prize 2017.
This is the Mission statement for her Majesty’s Prison Service for England and Wales:
“Her Majesty’s Prison Service serves the public by keeping in custody those committed by the courts. Our duty is to look after them with humanity and help them lead law-abiding and useful lives in custody and after release”
I’m sorry but this is nonsense
- The reality is that on average there is a suicide in prison every 3 days
- Violence is on the increase
- Self-harm is on the increase
- Drugs are everywhere.
- Prisons are overpopulated and under staffed.
- Many prisoners are locked in their cell for up to 23 hours per day with little to do and little to eat.
Our prisons are in crisis but reform is taking too long. It has become a humanitarian issue.
Yet, for speaking the truth to those in power for prison reform I was bullied, ostracised, suspended and investigated by the MoJ for misconduct.
Despite a prejudicial character assassination against me, continuing to speak out for prison reform and for speaking to the press was, according to the MoJ, gross misconduct so the Prisons Minister dismissed me from the Independent Monitoring Board for 5 years.
I haven’t finished yet I’m just getting started. I assure you this I am not shutting up and I am not going away. I will put this nomination to work immediately by using my voice as a Contrarian to assure reform in the Criminal Justice System.
I’m not here to join the debate I’m here to change the debate…that’s what Contrarians do!