The Criminal Justice Blog

Home » prison

Category Archives: prison

Over 60,000 allocated visits in prisons by the IMB

Did you know that there are between 60-65,000 allocated visits by the IMB to Prisons and Immigration Removal Centres each year?

This allocation is dependent on the money available for expenses such as travel and subsistence. But that is not the actual number of visits.

I can reveal to you for the first time that since April 2016 HMP/YOI Hollesley Bay, an open Cat D prison, only achieved 58% of its allocated visits.

That cannot be effective monitoring and yet the MoJ has repeatedly told me that effective monitoring is going on there. Really?

How many more prisons do not satisfy their allocations?

If the projected percentage of allocated visits turns out to be 58% in terms of actual visits across the custodial estate then monitoring in YOIs, HMPs and IRCs is dangerously low. It also means that this part of the National Preventative Mechanism (NPM) is dysfunctional.

The IMB is very topical on Twitter now and that’s not just because of my story.

There are many vacancies on boards from Cat D open prisons to closed and remand prisons. It’s not a glamorous job, you need passion, determination, time, and a true interest in the welfare of prisoners and the mechanisms of the prison estate. Oh and you won’t get paid, there are no guarantees that your voice will be heard and there is a lack of support from IMB Secretariat. If you can get beyond all that, apply.

Some IMB members only visit wings to retrieve applications from the IMB boxes and perhaps to speak to those that have asked to see them. But if the IMB members are regarded by prisoners as practically useless,  having no influence and are part of the MoJ then what are tax payers paying for?

Annual Reports

Every IMB is required to write an Annual Report. However, by the time it is published it is so out of date that it precludes any chance of swift meaningful action to resolve issues and will be filed away to collect dust just as previous years.

Am I being harsh? NO.

I have spent hours and hours preparing, collating, and writing Annual Reports. I was determined that the 2015/16 Annual Report for HMP/YOI Hollesley Bay would be different, that it would not be cut and paste as previous years. But there will be no Annual Report for 2015/16. I don’t even know where all the preparations went it was abandoned when the HBIMB ambushed me on 19th April and ostracised me in reprisal for speaking out for reform.

I recently learned that HMP Doncaster didn’t publish an Annual Report and it does not even have an IMB board. When the Chair left the board followed and it then had to rely on members from other prisons dual boarding.

So how many other IMB’s are suffering from similar dilemmas?

Updated 07 March 2017

Its even worse at HMP/YOI Hollesley Bay than I revealed when I posted this blog on Sunday.

Information made available to me show new figures for the actual number of visits is even lower.

Allocated visits were 354 actual were 204. New figures allocated visits 354 actual were 196. 

Just 55%, Lousy performance means that when monitoring is not effective it places people in custody and people who work there at higher risk.

 

 

 

Prison reform: paying the price

Well D-Day is rapidly approaching for me, the day the Ministry of Justice and the Independent Monitoring Board decide on my future not just as a Chairman but as a member of the IMB as I have to attend a Disciplinary Hearing.

faith-spear-144601-500pxHow it got to this is a long story.

In a nutshell, I spoke out for Prison Reform and IMB reform in an article in the Prisons Handbook 2016 entitled “Whistleblower without a whistle” and suffered reprisals for it.

Have you seen the state of prisons lately?

Have you heard about the state of prisons lately?

Too much is swept under the carpet pretending it’s not there.

But I put my head above the parapet, I made a personal stand.

The President of the IMB National Council, John Thornhill obtained a copy of my article “Whistle blower without a whistle” without permission before it went to print and sent it to the whole of the IMB organisation with his comments.

That action meant that any investigation would be prejudicial and it was!

I have had Prison Governors, prison staff, prisoners, ex-prisoners, prison reformers, those working in the justice sector, those working in the legal profession, leading academics, criminologists both here and abroad, friends and family standing up for me.

Are we all wrong?

Of course not!

But its like I have opened a can of worms which can’t be closed.

As I complete my final preparations for tomorrow I decided to bake a cake. It was my Nanna’s answer to everything as a child, comforting home-made cake.

I have upset the status-quo, I have revealed devious behaviour of other IMB members, I have spoken out about the nonsense in two MoJ investigations. I have had to endure bullying, intimidation, being ostracised, I have lost sleep and haven’t eaten properly, and I have been suspended from a role I loved. I have battled for over six months to clear my name and show what really is going on behind the scenes.

It has of course affected my family, yet my husband Joseph has been my rock.

I have a good idea of the outcome tomorrow at the Disciplinary Hearing, I’m not naive or stupid. But I think the MoJ and the IMB need to take a long hard look at their behaviour.

But whatever the outcome I will not be silenced and I will not go away.

If you are passionate enough about something then that cause which owns you can never be taken away from you.

The MoJ and the IMB can never say “Faith Spear who is she?”

This is not the end, it is the beginning…

 

P.S.

Even at the last-minute a former IMB member has sent in a pathetic plea to discredit me, obviously he is worried as now I have my chance to talk. Well DS your bullying, intimidation and manipulation I have endured for a couple of years is over!

And DH, your worries that I would let people know what you have said, haha now its my turn. You said you were on my side until I read out my statement and you told me it would have helped if I had cried. How dare you, as a woman I will not be intimidated by you. The fact you said you don’t deal in black and white only grey areas is perfect for the role as an IMB monitor in a prison, yet again an example of the farcical recruitment process.

CS, we worked well together but you followed your head and not your heart. You listened to a manipulative member and along with BM who I had much respect for started a damning campaign against me. Your friendship is a loss to me.

GR, you are a man with integrity and heart

Its time to build new bridges

 

 

 

Swifty, soon, shortly, and other stalling tactics used by IMB and MOJ

It’s easy to lose count of the times the Independent Monitoring Board (IMB) and the Ministry of Justice (MOJ) haven’t done what they said they would do.

Thatcher Room 05 July 2016 1002

Thatcher Room, 05 July 2016. Watching, listening, learning.

They seem to be world class at stalling for time for no real reason other than it seems systemic.

But as I told you before, monitors record everything, what we see and what we hear; just the facts, no opinion, no interpretation, no spin.

Would you like a snippet of what we know so far?

Of course you would…

 

What they said they would do

What they actually did or didn’t do

IMB Secretariat: “We will do everything we can to make sure the investigation moves swiftly, so that the situation can be resolved as quickly as possible. (1st June)  I should also note that this does not affect the investigation into the concerns you raised about bullying by other IMB members -that will continue as normal, and will also report as soon as possible.” “Swiftly”?  “Quickly”? Still waiting and here we are on 11th July.
In his letter dated 26 May 2016 the Prisons Minister said he wanted a quick investigation. “Quick”?  Today’s 11th July and I still haven’t been interviewed by Iuliiana Best, the MOJ investigator.
MOJ: “We may need to ask you for further information in order to process your request in line with the legislation and officials from the Secretariat will be in touch about this.” (21st June) IMB: No official from the IMB Secretariat contacted me

MOJ: I can confirm that we require no further information from you to process this and you will get a response shortly. (29th June)

MOJ: “I hope to be able to update you on the investigation into the allegation of bullying soon.” (21st June) “Soon”? The bullying took place on 19th April, I was interviewed by MOJ on 9th May, investigator Sandra Marcantonio emailed me on 13th June to let me know the IMB Secretariat had already been sent the report.
MOJ: “As Andrew Selous made clear in his letter to you he asked for the investigation to be completed as a matter of urgency.” (29th June) “Urgency”? Letter arrived on 1st June and here we are on 11th July.
MOJ: “When the investigation into the bullying complaint is complete the investigator’s report will be sent to you together with the outcome of the investigation.   Again we hope to complete this shortly.” (29th June) “Shortly”? It’s now 11th July.

 

You get the picture.

There’s more where that came from but suffice to say it seems I’m being led a merry dance by the Minister and by the department under his charge.

Remember, these people are all collecting a salary for what they do whereas I’m an unpaid volunteer. It’s you, the taxpayer, footing the bill for them stringing it all out. There’s nothing I gain from it.

 

Attrition

My previous blog [I used to be ‘IN’ but now I’m ‘OUT’] talked about a “war of attrition”.

That seems to have struck a chord with many of you. Since writing that, numerous people have contacted me to tell me about very similar experiences they’ve had with IMB Secretariat and with MOJ delay tactics.

But, as I’ve said before, I’m not playing those games. It’s neither the time nor the place for silly games. And frankly I just don’t have the time.

That’s one of the reasons that it’s now appropriate to call a halt to this nonsense and to place a time cap on the MOJ for a reply.

No more “swiftly”.

No more “soon”.

No more “shortly”.

 

What MOJ needs to do

They need to answer my repeated requests for copies of :

  1. the report by Sandra Marcantonio submitted to the IMB Secretariat which is the first investigation into how I was treated on 19th April 2016 at the HBIMB Board Meeting, as well as
  2. the report by the IMB Secretariat submitted to the Prisons Minister which brought about my suspension pending investigation being conducted by Iuliiana Best.

To save their embarrassment, the deadline will be reasonable and oh-so-easy to achieve.

 

 

Deadline

Should I not receive a straight reply with unredacted copies of the two reports by 19th July (i.e. four clear calendar months since this conspiracy against me first raised it’s ugly head) then I think I’ll be organising a visit to Petty France to collect the two reports, in person, along with members of the press and possibly a large body of parties interested in prison reform.

They will be infinitely more “noisy” about the failings of the IMB, the MOJ and the Minister than I ever could be alone.

But I’m not alone.

Am I.

 

~

This is not a game; prisons reform is essential

Now the debacle inside HMP / YOI Hollesley Bay IMB has a Government Minister involved.

On 26 May 2016, Prisons Minister Andrew Selous (Twitter @AndrewSelous ) wrote to me by letter to inform me he had decided to suspend me. You can read his letter for yourself here.

Letter Selous to Spear 26 May 2016

I reflected carefully on what he said and the next day wrote a letter of reply back to him. You can read my letter to Mr Selous for yourself here.*

CLICK TO DOWNLOAD :   Letter Spear to Selous 02 Jul 2016 public

LetterSpearToSelous

 

Don’t shoot the messenger

It has already been established that I needed no permissions to write about prison reform in The Prisons Handbook 2016, neither did I need any permission to speak to the media (see 1st and 2nd bullet points about ‘East Anglian Daily Times‘ and ‘Inside Time‘).

The reply to a request under the Freedom of Information Act to MOJ by Mark Leech, publisher of The Prisons Handbook 2016, makes that point abundantly clear. And in so doing I think answers the pretexts cited by Mr Selous in his justification for suspending me.

As a public official I acted in the public interest.

When Mr Selous “shot the messenger” he also shot himself in the foot.

The treatment I am currently receiving from Ministry of Justice is wearing very thin on me, frankly. Nonetheless, I remain level-headed and undeterred from speaking up when it comes to prison reform. This is not a game; prison reform is essential, overdue and a cause which the public cares deeply about.

Faith Spear

Faith Spear

I look forward with great interest to receiving the reply from Mr Selous along with the copy of the report he received from The Secretariat.

In the meantime, uppermost in my mind is the key issue of what monitoring is taking place in HMP and YOI Hollesley Bay?

If you are concerned I’d recommend you contact Mr Selous to ask the question. You can also contact Dr Therese Coffey MP (Twitter @theresecoffey) if you live in the constituency of Suffolk Coastal where Hollesley Bay is located.

Assuring ongoing independent monitoring is surely an vital operational issue that Mr Selous must prioritise finding a solution to, probably before going out on his EU Referendum circus campaign.

*yes, I know, the letter carries a July date instead of June. Typo was mine but other than my home address it is unredacted. Warts and all. 

Blog last edited: 08 June

~

We don’t just need a vision, we need a cause!

20150101_144536_LLS

“She’s no rebel and she’s got a cause”

In the space of 6 weeks I have written an article which has been published in The Prisons Handbook 2016, just before the Prime Ministers speech. I have been interviewed by Ian Dunt with an article put on politics.co.uk, been in my local paper with a 2 page spread, had a front page article in Converse prison newspaper, had an interview with another newspaper with an article ready for the next months edition… If I can achieve all this in just 6 weeks, just imagine what could be achieved in 6 months or a year?. It’s all about going at pace.

It’s not always about what you have achieved in the past, although it does help. But it’s about what you can/will/want to do in the future.

Can’t abide being held back because of what I haven’t done yet. Especially when I’m at the start of something significant and have plenty of passion, energy and drive for what is to come.

And despite the knock backs, to keep a sense of humour.

Yes I have mainly worked with vulnerable adults and children before, but we all have a vulnerable side to us. Some are able to reveal it, others not, some it leads to being a victim and others it leads them into criminal activity.

Have you noticed how quick some people are to judge others,  put you into boxes and to categorise? I hope you won’t judge my life by the chapter you just walked in on.

Prisons are no different.

Many problems arise when people enter the prison system and then leave in a worse state than when they arrived.

Why after all the money pumped into prisons is this happening?

Profits are made out of prisoners, we all know that.

How many reviews, reports can you count over the last say 10 years that involve prisoners?

There have been countless

How many organisations do you know that work hard to bring reform to prisons and prisoners?

There are countless

How much money has been spent on prison reform?

Countless

On 8th February, the Prime Minister set out a vision for prison reform. Mr Cameron said:

This system will be hard to change because it is, in some ways, still stuck in the dark ages – with old buildings, old thinking and old ways of doing things.

So I don’t want to go slow here – I want us to get on with proper, full-on prison reform.

Today, 27th May the Public Accounts Committee report warns that the criminal justice system is close to breaking point:

Report summary

  • The criminal justice system is close to breaking point.
  • Lack of shared accountability and resource pressures mean that costs are being shunted from one part of the system to another and the system suffers from too many delays and inefficiencies.
  • There is insufficient focus on victims, who face a postcode lottery in their access to justice due to the significant variations in performance in different areas of the country.

Criminal justice system “already overstretched”

  • The system is already overstretched and we consider that the Ministry of Justice has exhausted the scope to make more cuts without further detriment to performance.
  • The Government is implementing reforms to improve the system but we are concerned that users of the system won’t see the full benefit for another four years.
  • There are opportunities for the Ministry to make improvements before then, including better sharing of good practice and making sure that everyone is getting things right first time.

http://www.publications.parliament.uk/pa/cm201617/cmselect/cmpubacc/72/72.pdf

But what is the answer?

(If I had the answer I would be a very rich woman!)

Over the last few years I have visited every category of prison, YOI and Women’s. I have sat behind the Right hon. Michael Gove MP whilst he has been in front of the Justice Select Committee twice. I have attended meeting after meeting in Westminster, attended conferences, training courses, lectures, seminars etc. at my own cost.

Why?

I want to learn, I want to understand but most of all I want answers to the questions I have posed.

I also want to be a part of the change that is so desperately needed in our prisons.

We don’t just need a vision, we need a cause!

Vision is often personal, but a cause is bigger than any one individual

People don’t generally die for a vision, but they will die for a cause

Vision is something you possess, a cause possess you

Vision doesn’t eliminate the options; a cause leaves you without any options

A good vision may out live you, but a cause is eternal

Vision will generate excitement, but a cause generates power

[Adapted from Houston (2001)]

Houston, B. (2001) For this Cause: Finding the meaning of life and living a life of meaning. Castle Hill: Maximised Leadership Inc.

What is it about the word ‘dishonesty’ you don’t understand?

Why the debacle inside HMP / YOI Hollesley Bay IMB impacts us all.

A Guest Blog by Joseph Spear.

In the world of business, nominations for top Board positions are taken very seriously. People have to be proposed, seconded and there is a formal transparent procedure that must be followed before appointments can be made.

Faith Spear

Like a bridge over troubled water?

In clubs and associations, nominations for Board positions are also taken very seriously. Depending on the articles of association, a process is followed in a transparent way and a President or a Chair person is duly elected.

In professional bodies, nominations for Board positions similarly are taken seriously. A timely reminder is the appointment on 12 May of John Wadham as Chair of the National Preventative Mechanism (NPM).

These are the established rules of nominations.

So why then would equal weight not be given in the context of a holders of a statutory public office?

But that’s exactly what seems to be happening inside one body called the Independent Monitoring Board (IMB), which is meant to be the watchdog of the prison system in England and Wales.

Members of the IMB at HMP and YOI Hollesley Bay appear to think the rules don’t apply to them, taking matters into their own hands when it comes to how they treat their Chairman.

Unbeknown to the current Chairman, members of the IMB board there have gone behind their Chairman’s back, launching nominations that amounts to a coup d’état.

When the current Chairman caught wind of this complicity and divisiveness, naturally they were deeply unimpressed.

Now we all live in the real world and we all know these sorts of power struggles go on all the time. You would be forgiven for thinking this is a non-story.

Afterall, this isn’t exactly an impeachment of a nation’s president in Brazilia, this is a group of ten grey-haired people in a tiny Cat D open prison in sleepy Suffolk.

But wait.

What is remarkable about this story, and of far greater gravity than you might think, is what has also come to light since.

An email trail was leaked that showed not only the existence of Nomination Forms drawn up by the Board in anticipation of forcing out the current Chairman but also – and here’s the rub – a premeditated and deliberate intent to destroy the Nomination Forms and to lie that they ever existed.

Still think this is a non-story? Okay then, just read on.

This happening in business or in a club or association, or a professional body would be bad enough. But this happening in a Public Office, and being committed by holders of a statutory public office is reprehensible and could amount to conspiracy to commit misconduct in a public office.

Hardly a non-story now, is it?

The leaked email in question was sent from the previous Chairman to the current Vice Chair on 03 May 2016 and read as follows (unredacted):

“Nominees for Board positions. A delicate one, that was devised in the hope or expectation that Faith would resign. She has not and if she became aware that nominations had been requested, it would add fuel to the fire. But getting the process going shows our seriousness in planning for Board continuation. Might it be worth consulting John T/Alex and telling them what is in place? I suppose we could always tear up the nomination forms and pretend it never happened. Or brazen it out if everyone agrees to go ahead. Either way, Linda needs to know when to circulate the forms to all, inc Faith. Meantime, you might ask her to sit tight?”

 

Just take a moment to re-read and absorb that.

 

This in itself gives rise to further questions, for example:

  • devised in the hope or expectation that [the current Chairman] would resign…  Who devised them?
  • if she became aware that nominations had been requested….  Why act in secrecy?
  • tear up the nomination forms…  Where are these forms now and What else might have been torn up?
  • pretend it never happened…  What else might have “never happened”?

These are inconvenient questions, especially in a prison.

IMB members hold a statutory public office and moreover are appointed precisely to ensure against situations such bullying in prisons. See the 4th paragraph of this IMB website page. They are meant to be trusted by the prisoners as well as by the public to handle issues confidentially not in secrecy; they aren’t meant to be the ones doing the bullying. They aren’t meant to be the ones tearing up official paperwork or lying about what happened, are they?

Why are these people behaving like this?

This whole episode erupted following the publication of an article in The Prisons Handbook 2016 entitled “Whistle Blower Without A Whistle” which calls out a number of reasons why independent monitoring of prisons is not fit for purpose in its current form.

Anthemis Tetworth

It ain’t a Daisy either

The writer of that article was the current Chairman of the Board at Hollesley Bay IMB, but it was published under the pseudonym Daisy Mallet because, according to them, it was more about the issues than it was about the writer. And it was written in good faith, not as a personal grievance against anything or anyone.

The members of Board found out the current Chairman was the real author of the ‘Whistleblower’ article and took personal offence to one of the arguments it contained but ignored the rest. They then apparently colluded against the current Chairman, plotting to oust them from their position as Chairman in reprisal whilst maintaining a pseudo friendly front.

The pivot point arrived at the monthly Board meeting on 19th April when the current Chairman arrived as usual and started the monthly Board meeting with a short personal statement confirming they in fact did write the article and outlining the reasons why.

What ensued when the current Chairman finished their personal statement was workplace bullying on a scale never seen before in an IMB meeting. The other nine Board members, orchestrated by the Vice Chair, took turns to interrogate the current Chairman. They were each working from pre-prepared questions and had clearly all been briefed against the Chairman in advance of the Board meeting.

Whereas the current Chairman attended expecting to answer questions then move on with the agenda, nothing could have prepared them for the personal verbal attack they received from all members of the Board.

The attack lasted 50 minutes.
It was venomous.
It was brutal.

Against the odds, the current Chairman has decided to stand firm on the grounds they have actually done nothing wrong, certainly nothing so as to bring such reprisals upon themselves, simply expressing their own well-grounded and well-informed opinion in the context of an article.

The ‘Whistleblower’ article was even reproduced by the AMIBM on its own website. AMIMB is no stranger to criticising the IMB (see Independent Monitor, July 2015, Issue 116, pages 3-5 opens as pdf) but no reprisals are being levelled at them and no Chairman being removed in secrecy.

The treatment the current Chairman received on that day is currently under investigation by the Ministry of Justice. The investigator has interviewed all concerned and is due to file their report before the next monthly Board meeting of Hollesley Bay IMB, scheduled for Tuesday 17 May.

Subsequently, a senior officer of The Secretariat, a back office function staffed by salaried civil servants to support all IMBs and officed on the 9th Floor actually inside the MOJ HQ in 102 Petty France in London, took it upon themselves to telephone the current Chairman on their personal mobile phone.

In that call, which lasted 30 minutes, the Secretariat’s senior officer warned the current Chairman that the Minister would take a dim view of making public the leaked email trail, speaking as if they knew the mind of the Minister without even consulting them.

The current Chairman, quite understandably, took that verbal warning as even more pressure being applied on them to coerce and, ultimately, cause them to shut up and to go quietly.

Tellingly, the current Chairman has seen neither hide nor hair of the Area Representative for the National Council, the body which coordinates all IMBs. Not so much as a call or an email from the Area Rep to offer advice, support, or even to arrange a “local resolution” involving all the parties.

How strange.

That should have been the very first course of action, at least according to the IMB’s own protocols in cases of such disagreement at Board level.

Yet the Area Rep has had ample communication with the current Vice Chair and with the previous Chair, as a separate email trail clearly testifies. Moreover, so has the president of the National Council and the Head of The Secretariat.

It would seem that the degree of complicity and dishonesty is spreading from a localised level inside the Hollesley Bay IMB right to the heart of The Secretariat and National Council itself.

Or perhaps it is the other way round?

At the time of writing, Faith Spear is the current Chairman at Hollesley Bay IMB and intends to remain in office this year.

The situation continues.

 

 

Joseph Spear is married to Faith Spear.

 

Footnote from the author:

“You’d expect me to speak up for Faith because she’s my wife and because it’s the right thing to do.

If like me you’d also like to express support for Faith Spear, please feel free to share this blog using these Twitter hashtags:  #SpeakUp #GoodFaith #whistleblower #prisons

Thank you.”

~

Getting personal about the cost of being a Whistleblower

When you feel so passionately about a subject or issue(s) it is very hard to keep quiet. This is what I have experienced recently:

Faith Spear 114822 500pxW.jpg

It’s not about me. It’s about the issues I’ve raised.

I had to weigh up the risk of possibly causing offence versus the need to speak.

I decided to speak!

What happened next shocked me.

Suddenly people that I had respect for and worked so well with turned against me in the most brutal way. I didn’t expect everyone to agree with me but I certainly didn’t expect quite the fallout.

I was looking at the bigger picture and the wider issues but they were blinkered. Was I wrong to speak out?

NO.

I wanted to raise issues and put them firmly on the agenda of those that could or should actually do something about them.

Maybe the problem was that they didn’t expect someone like me to put their head above the parapet and voice my opinion. We all have a voice, we all have opinions and we should not feel that we have to suppress them. I did, I felt that I couldn’t really express myself, would anyone listen?

It was an important step for me to speak out and it has come at a great personal cost. I haven’t slept well or eaten properly since 19th April. I have felt under pressure, stressed out and really not myself. It has been an emotional roller-coaster.

I made the decision to stand up, I could have rolled over and played dead but I didn’t.

But people are listening, they are taking notice and they are supportive and above all they agree!

We all know the saying ‘action speaks louder than words’ but often you have to speak before any action can take place. So I’ve spoken and I expect results.

I’m not looking for a slice of the action, the last time I was in a newspaper was at the age of 10 having won an art competition with my sister and fellow classmates. Now the press come looking for me!

Prisons.org.uk  (pdf)

Converse  (pdf)

Politics.co.uk

East Anglian Daily Times

I have faced criticism like never before, I have been told that I am not fit to stand for the public office I occupy and that they could never forgive me for what I have done.

But really it’s not about me, or shouldn’t be about me; instead it should be about the issues I have raised.