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People working within the Criminal Justice System will have noticed how writing or making recommendations carries little or no weight any longer. Defined as “a suggestion or proposal as to the best course of action, especially one put forward by an authoritative body”, a recommendation has few or no consequences for those delivering them or for those receiving them.
Yet those who write recommendations have no power to mandate them.
Prisons are bombarded with recommendations from the Prisons and Probation Ombudsman, HM Inspectorate of Prisons, the Independent Monitoring Boards, and a host of so-called arm’s length bodies.
It is remarkable that their recommendations in reality are routinely ignored, albeit officially named differently as you will see in the table. Since there appears to be no recourse and no accountability, why continue to rely on this method of scrutiny which has become ineffective and, therefore, a waste of time, effort and money?
Surely if all No 1 Governors were held personally accountable for enacting recommendations given to them then maybe there would be more action. Instead it is like a carousel, where certain Governors get away with the appearance of activity before being moved to another prison or a newly created role at HQ. After all, why work hard on recommendations when you can use a ‘Get Out of Jail Free’ card? Meanwhile, the mess they leave behind them is inherited by successive Governors.
On 25th February 2020, I attended the ‘Keeping Safe’ conference organised by the Independent Advisory Panel on Deaths in Custody (IAP). I’m telling you this because it perfectly illustrated to me how recommendations in and of themselves are futile.
For example, under the section on the agenda ‘Learning from reports and recommendations to prevent future death’ we heard from representatives from four prominent organisations, including Jonathan Tickner representing HM Inspectorate of Prisons who stated that in the last reporting period 14 prisons were inspected and none had been rated “good” in the safety aspect.
In each inspection recommendations are given. I decided to look at recommendations and to analyse how many were achieved. I chose those same 14 prisons inspected in 2019 and noticed huge variations which I’ve summed up in the table below:
Sue McAllister, Prison and Probation Ombudsman (PPO), raised some relevant points about policies not being good enough on their own and action plans not being good enough in response to PPO recommendations, like a tick box exercise. However, if there is no follow up on whether recommendations have been adhered to, or no consequences of not following up recommendations, then nothing has been achieved and the whole process is worthless.
In the 12 months to September 2019 there have been:
308 deaths in custody (6 every week)
90 self-inflicted deaths (1 every 4 days)
8 deaths in women’s prisons
We should be ashamed of ourselves. Those of us working in or for the Criminal Justice System must share a collective burden for the failure to keep people safe, sometimes from themselves.
According to ‘Deaths in prison: A national scandal‘ published January 2020 by Inquest:
This report identifies areas for the immediate reform within and outside of the prison system and concludes with recommendations to end deaths caused by unsafe systems of custody. (Inquest, 2020, p. 3)
As you can see, there is no shortage of recommendations.
Nobody knows which custodial sentence will become a death sentence.
The point is some do but none ever should.
Is it any wonder the MoJ has reformulated its mission statement from:
“Her Majesty’s Prison 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”
To how it reads today, portraying itself as a sterile, uncaring, faceless organisation.
“The Ministry of Justice is a major government department, at the heart of the justice system. We work to protect and advance the principles of justice. Our vision is to deliver a world-class justice system that works for everyone in society”
“The organisation works together and with other government departments and agencies to bring the principles of justice to life for everyone in society. From our civil courts, tribunals and family law hearings, to criminal justice, prison and probation services. We work to ensure that sentences are served, and offenders are encouraged to turn their lives around and become law-abiding citizens. We believe the principles of justice are pivotal and we are steadfast in our shared commitment to uphold them”
When you look long enough at failure rate of recommendations, you realise that the consequences of inaction have been dire. And will continue to worsen whilst we have nothing more compelling at our disposal than writing recommendations or making recommendations.
Recommendations have their place but there needs to be something else, something with teeth, something with gravitas way beyond a mere recommendation.
Show me a system where action is mandatory, where action has a named owner assigned to it, where action has a timeline attached to it, and where action is backed by empowerment to deliver it and I’ll show you a system which functions better than the one in operation today in the Criminal Justice System obsessed with recommendations.
Culture is what you do when no one is watching.
Integrity is doing the right thing even when nobody is looking.
I found it very telling that the most poignant part of the conference came with the stories and sadness from families who had lost loved ones and to learn that every 4 days a person takes their own life in custody. If the changes being recommended were changes being mandated, who knows how many deaths could have been averted?
Robert Buckland QC MP, Lord Chancellor and Secretary of State for Justice, arrived early enough to have heard from those family members. He talked about working together with shared humanity and wanting to be notified personally of all deaths and the circumstances surrounding each one, which of course he already is. In closing his speech Mr Buckland said:
“As we continue to work together during my tenure as the Secretary of State, please know that my door is always open to those who want to make a difference”
It’s time to put him to the test on that.
But don’t go in with recommendations; go in with a plan for action.
Photos of Robert Buckland QC MP and Sue McAllister, both by Paul Sullivan. Used with kind permission.
Monopoly Board Game, 2006 Hasbro. Photo by the author.
The Wales Governance Centre, a research centre and part of Cardiff University’s School of Law and Politics undertakes innovative research into all aspects of the law, politics, government and political economy of Wales.
This week they released a report: Sentencing and Imprisonment in Wales 2018 Factfile by Dr Robert Jones
Before looking at this report, lets put things in context by referring to the first unannounced inspection by HMIP of HMP Berwyn in March 2019. Here it is reported that “impressive” support procedures are in place for new arrivals. Positive note. However, use of force was considerably higher than at similar prisons and 1 in 4 prisoners (23%) told HMIP that they felt unsafe. Alarm bells?
Below are the four tests when inspecting a prison, Safety, Respect, Purposeful activity and Rehabilitation and release planning. Not the best outcome for the first inspection.
Safety: Outcomes for prisoners were not sufficiently good against this healthy prison test.
Respect: Outcomes for prisoners were reasonably good against this healthy prison test.
Purposeful activity: Outcomes for prisoners were not sufficiently good against this healthy prison test.
Rehabilitation and release planning: Outcomes for prisoners were not sufficiently good against this healthy prison test.
HMP Berwyn prison has only been open just over 2 years, hasn’t reached full capacity and has its 3rd governing Governor.
Now let’s look at some of the facts revealed that are not easy reading
The number of self-harm incidents
2017 = 231
2018 = 542
Self-harm incidents rose by 135% in 2018
Rate of self-harm: (48 per 100 prisoners)
This is what the Government website states:
“Self-harm may occur at any stage of custody, when prisoners are trying to deal with difficult and complex emotions. This could be to punish themselves, express their distress or relieve unbearable tension or aggression. Sometimes the reason is a mixture of these. Self-harm can also be a cry for help, and should never be ignored or trivialised” https://www.gov.uk/guidance/suicide-self-harm-prevention-in-prison
This is what the HMIP report states:
“The strategic management of suicide and self harm required improvement. Strategic meetings were poorly attended and too little was done to analyse, understand and take action to address the causes of self-harm. Most of the at-risk prisoners on assessment, care in custody and teamwork (ACCT) case management did not feel sufficiently cared for. ACCT documents required improvement, and initial assessments and care plans were weak”
Yet below are more uncomfortable facts showing that this prison is not just dangerous for prisoners but for staff too. Nothing to celebrate here.
The number of prisoner-on-prisoner assaults rose by 338% in 2018
Rate of prisoner-on-prisoner assaults: (20 per 100 prisoners)
The number of assaults on staff at HMP Berwyn increased by 405% in 2018
Rate of recorded assaults on staff (18 per 100 prisoners)
You would think that a new prison would have a security department second to none, with little chance of items being brought in. Yet these figures show that weapons, drugs, alcohol and tobacco are increasingly being found. Some may say hats off to the staff for finding these items, but really there’s still no cause for celebration…
The number of incidents where weapons were found in prison, years ending
March 2017 = 1
March 2018 =25
March 2019 Berwyn = 138
The rate of weapon finds (11 per 100 prisoners) year ending March 2019
This was the highest rate per prisoners in all prisons in Wales, astonishing. Serious problems with security.
The number of drug finds at HMP Berwyn increased by 328% in the year ending March 2019 (prison population increased by 67% during this period)
The rate of drug finds (16 per 100 prisoners)
Where are the robust measures to stop drugs coming into the prison?
The number of incidents where alcohol was found in HMP Berwyn years ending March
2017 = 0
2018 = 21
2019 = 146
Alcohol finds at HMP Berwyn rose by 595% (prison population increased by 67% during this period)
Rate of alcohol finds (12 per 100 prisoners) year ending March 2019.
Yet again the highest rate of alcohol finds in all the prisons in Wales
The number of incidents where tobacco was found in HMP Berwyn years ending March
2018 = 20
2019 = 61
Rate of tobacco finds (5 per 100 prisoners)
The prison is covered in photos of Wales and the countryside, everywhere you look there is a motivational quote, there are flowers, bees, greenhouses yet one in 4 prisoners didn’t feel safe.
Comfy chairs in reception, pretty pictures, colourful décor does not appear to contribute to the safety of HMP Berwyn.
Motivational quotes such as “When a flower doesn’t bloom you fix the environment in which it grows not the flower” means nothing if a quarter of the population feel unsafe.
Prisons can be austere places, drab, filthy, old and not fit for purpose. But here we have a new prison with serious problems. There can be no excuse that these are teething problems, we are talking about peoples lives.
Remember the Berwyn Values?
V = value each other and celebrate achievements
A = act with integrity and always speak the truth
L = look to the future with ambition and hope
U = uphold fairness and justice in all we do
E = embrace Welsh language and culture
S = stick at it
Is this just a marketing ploy, designed for a feel-good factor, making us all think that the money spent on this Titan prison was worth every penny?
Independent monitors have praised the work of staff at HMP Berwyn describing their efforts to establish a new prison as a ‘considerable achievement” (Recent comment by IMB) After this shocking report, what will they now say? Or will they remain silent?
I don’t doubt there are some hard working, diligent and caring staff. In fact, I met some on my visit last year. But when the prison opened in 2017 over 90% of staff had never worked in a prison before. When you have prisoners arriving from over 60 prisons all with different regimes, you find they have far more experience of the prison estate than the majority of prison officers.
But more worryingly is that the Government is continuing with its programme of building new prisons. A new prison will be built in Wellingborough as part of the Government’s Prison Estate Transformation Programme. I’ve read gushing articles on how this prison will benefit the community etc, similar to when HMP Berwyn began construction. Just like HMP Berwyn there are many promises and opportunities, but theory and practice can be a million miles apart.
We have heard from the Secretary of State for Justice, David Gauke and the Prisons Minister, Rory Stewart that we need to get back to basics where prisons are concerned. HMP/YOI Hollesley Bay is no exception.
Reading through the latest Inspectorate report shows clearly that only 15 of the 30 recommendations from the previous inspection in 2014 have been carried out.
Should alarm bells be ringing?
There are four tests for a healthy prison
- Purposeful Activity
- Rehabilitation and release planning (previously Resettlement)
Comparing the two latest reports, I noticed that some aspects once regarded as a safety issue are now a respect issue such as basic living conditions and making available a court video link. Probably why the recommendations in that category has fallen from 9 to 4. Looks good on paper but you have to read between the lines.
Four years ago, there were no recommendations for purposeful activity yet this time there are 5. From making sure prisoners get impartial careers advice, to providing detailed and constructive feedback on practical work to help prisoners improve, to ensuring that those engaged in prison industries are able to study and achieve qualifications related to their job. The answer is in the name “Purposeful” activity not just something to pass the long often monotonous days.
Surely these are basics of an open Cat D prison and is HMP/YOI Hollesley Bay failing?
It is worrying that there are many arriving at the prison without an up to date risk and needs assessment. Likewise, is the number of prisoners sent back to closed conditions, approx. 15 per month with some decisions not clearly evidenced.
And yet there are those that are released with little or no sustainable accommodation and this isn’t sufficiently monitored by the CRC’s.
With only one mental health staff, weak public protection procedures and with already 10% presented as medium or high risk to children there needs to be some serious changes before the planned arrival of those convicted of sex offences.
“New prisoners who potentially posed a risk to children were not always promptly assessed, and contact restrictions were not always applied in the interim”
There are so many issues to flag up:
“The anti-bullying representatives’ role was unclear, poorly advertised and lacked formal training”
“The strategic management of equality was less well developed than at the time of the previous inspection. There was no local equality and diversity strategy and the equality action plan was limited. There were no specific consultation groups running for prisoners with protected characteristics, other than the equality action team meeting”
The latest report shows increase in drug misuse with prisoners moving away from new psychoactive substances (NPS) and that cannabis was now the preferred drug. In addition the use of cocaine and steroids was an emerging problem.
Can HMP/YOI Hollesley Bay adapt to the changing needs and problems?
Let’s hope we are not seeing the gradual demise of this prison.
Recommendations 2018 inspection
- All use of force incidents should be scrutinised by senior staff to ensure that force is only used as a last resort.
- Body-worn cameras should be used during all use of force incidents.
- Risk assessments to determine if a return to closed conditions is necessary should be multidisciplinary and should show sufficient exploration of all relevant factors relating to the risks presented.
- Decisions to use handcuffs should be based on an individual risk assessment. (Repeated recommendation 45)
- The negative perceptions expressed by some prisoners that a small number of staff were punitive in their approach towards them should be explored and addressed.
- Basic living conditions on the Bosmere unit should be improved to ensure decency, including refurbished and well-maintained showers.
- Prisoners’ views about the quality of the food should be explored in greater depth and, where possible, changes should be made to increase their level of satisfaction.
- The issues with the prison shop should be resolved, so that prisoners receive their correct order.
- A court video link should be available. (Repeated recommendation 3)
- The prison should routinely consult prisoners in the protected groups to ensure that their concerns and needs are identified and, where possible, addressed. (Repeated recommendation 25)
- Managers should consider both local and national equality monitoring data, and address inequitable outcomes.
- Reasonable adjustments for prisoners with disabilities should be swiftly completed. These prisoners should have access to practical support, such as a buddy scheme, which supports them in their day-to-day life at the prison
- There should be a regular health care representative forum to inform service developments and enable collective concerns to be addressed.
- There should be regular, systematic health promotion campaigns delivered in conjunction with the prison.
- Prisoners should have timely access to optician and dental services. (Repeated recommendation 68)
- There should be a memorandum of understanding and information sharing agreement between agencies, to outline appropriate joint service working on social care.
- Prison managers should ensure that they have accurate information on the education, training or employment that prisoners enter following their release, so that they can evaluate and monitor fully the impact of the curriculum on offer.
- Prison managers should ensure that prisoners receive impartial careers advice and guidance when they arrive at the establishment and throughout their time in custody, so that they can plan their future after release more effectively.
- Prison and People Plus managers should ensure that vocational tutors provide detailed and constructive feedback on practical work, to help prisoners to improve.
- Prison and People Plus managers should ensure that vocational tutors challenge prisoners to achieve high standards of professional workmanship that meets commercial expectations.
- Prison managers should ensure that prisoners engaged in prison industries have an opportunity to study and achieve a qualification related to their job.
Rehabilitation and release planning
- Visits provision should meet demand.
- Prisoners on resettlement day release to maintain family ties should not be required to be collected and returned by family members in a car unless the risk assessment suggests that this is necessary.
- The prison’s needs analysis should make full use of offender assessment system (OASys) and P-NOMIS data, in order to identify and address gaps in provision.
- Prisoners should only transfer to open conditions once a full and up-to-date assessment of their risk and needs has been carried out.
- There should be sufficient places available in Bail Accommodation and Support Service accommodation to allow prisoners to be released on home detention curfew on their eligibility date.
- Meetings to discuss a prisoner’s suitability for open conditions should be multidisciplinary. Decisions to return prisoners to closed conditions should be clearly evidenced and defensible.
- For prisoners returning to closed conditions, recategorisation to C should be supported by clear evidence.
- The prison should undertake a comprehensive analysis of needs, to establish the range of offence-focused interventions required.
- The community rehabilitation company (CRC) should monitor the number of prisoners released to sustainable accommodation (12 weeks after release), to understand the effectiveness of provision.
- The CRC should ensure that interviews to review resettlement plans are conducted by a trained member of staff.
Recommendations 2014 inspection
- Recommendation: The Bosmere unit should be upgraded or replaced with permanent accommodation
- Recommendation: OASYs and ROTL procedures should be sufficiently rigorous to ensure risks to the public are effectively managed.
- A court video link should be available.
- Prisoners should receive a private first night interview with a member of staff.
- The prison should investigate prisoners’ perceptions about safety and address any concerns raised.
- The safeguarding adults framework document should be finalised and staff should understand safeguarding procedures for adults at risk.
- Decisions to use handcuffs should be based on an individual risk assessment.
- The drug strategy action plan should be updated, inform developments and detail lines of accountability.
- The controlled drugs administration room should be more welcoming and security arrangements should be in line with what is required in open conditions.
- The shower areas in the Stow unit should be refurbished.
- Staff and personal officers in the Bosmere unit should check on and interact with prisoners in their care.
- The EAT should investigate when monitoring data consistently suggests inequitable outcomes for minority groups.
- The prison should routinely consult prisoners in the protected groups to ensure their concerns and needs are identified, and where possible, addressed.
- Suitable adapted accommodation should be available for prisoners with disabilities.
- All staff should have regular managerial and clinical supervision, as well as appropriate continuing professional development underpinned by a current performance appraisal.
- There should be sufficient clinical rooms to provide a comprehensive service and all areas, including the dental suite, should comply with infection control guidelines.
- Triage algorithms should be available to ensure decisions made are consistent and appropriate.
- Prisoners should have timely access to optician and dental services.
- Prisoners should have access to pharmacist-led counselling sessions, clinics and medication reviews.
- The dental service should be informed by an up-to-date needs assessment.
- Custodial staff should receive regular mental health awareness training.
- Self-catering facilities should be improved, particularly for prisoners on long or indeterminate sentences.
- There should be no administration charge for catalogue orders.
- Formal supervision should be provided to all OSs.
- Sentence planning objectives should be specific and focused on outcomes.
- All prisoners should have planned case management meetings with their OS proportionate to their risk and needs. Meetings should be recorded.
- When prisoners are returned to closed conditions there should be a clear record of who made the decision and the rationale for it; re-categorisation from D to C should only take place if there is clear evidence that this is required.
- The content and information on the virtual campus should be reviewed to ensure it is relevant for prisoners looking for work on release.
- There should be robust discharge planning processes in place to ensure continuity of care.
- The prison should develop a strategic action plan that aims to ensure all prisoners have the opportunity to stay in contact with family and friends.
What is the Unlocked Grads programme?
According to the website for University of Suffolk (10 September 2018) :
“Unlocked Graduates is a two-year programme and students who complete the programme are awarded an MSc in Leadership and Custodial Environments from the University of Suffolk”
When you look past all the ‘blurb’, in a nutshell, the programme starts as a Summer Institute comprising two week’s training as a prison officer and the beginning of a Master’s degree, followed by a two-week placement in a prison and finishes with two more weeks training. The taught modules at the Summer Institute leading to Prison Officer Entry Level Training (POELT) are based at the University of Suffolk, Ipswich.
It’s especially surprising to see that it is positioned as “a prestigious programme with influential supporters” when it is based here as the University is ranked 128 out of 131 Universities listed by The Complete University Guide.
Advice given for recruitment: “Fundamentally they need to be made of the right stuff to survive on the landings from Day 1… only a fairly ruthless and demanding selection process will guarantee you have the right people”
Part of the interview process includes having an interview with a former prisoner, but questions have been raised as to how this would be perceived and if unskilled interviewers could get the best out of the candidates.
The 2017 Cohort
The 2017 cohort started in Summer 2017 with placements in HMP Brixton, Coldingley, Downview, High Down, Isis and Wandsworth.
I was invited to sit in on a training session at the Summer Institute in 2017. I spoke with staff members to get a feel and understanding of the programme. I had a one-to-one with Natasha Porter, CEO of Unlocked Grads.
But I came away with so many questions.
Why were those prisons selected and why were they all in the South of England?
So how can the safety of these young novice trainees be assured? In the latest Government Annual Prison Statistics, it shows that Brixton is rated 1 for safety with Wandsworth and Isis rated 2.
Again, in the same report, looking at stats for Purposeful Activity, Brixton, Isis and Wandsworth are rated 1; that’s an awful lot of people likely to be stuck in their cell, frustrations brewing, leading to mental health issues. Not forgetting the domino effect upon families of prisoners and families of staff.
So that’s the prisoners but what about the staff in these prisons.
Staff sickness for Wandsworth shows that 5918 days were lost in the 12 months to 31st March 2018 that’s on average 12.4 days lost per FTE. High Down is not much better with 4146 days lost in 1 year on average 10.4 days lost per FTE.
Whilst it is unclear why so many days are lost to sick leave, you can imagine that many of these sick days are as a result of the stress placed upon the officers, the increased violence on the wings, inhaling psychoactive substances and the exhaustion.
But if there are such acute staff shortages how is replacing experienced members of staff with newly qualified Unlocked Grads going to make a positive difference?
Andrea Albutt, President of the Prison Governors Association spoke out last year and said:
“large numbers of new recruits can actually add to the instability in prisons rather than improve it”
So, what exactly is this programme wanting to achieve?
We are told that the Summer 2017 candidates in the 1st cohort all passed their POELT training. Was the bar set too low, it makes you wonder? However, the first cohort 100% pass rate did not include those who dropped out early on, after their first visit to a prison.
One of the first sponsors wrote: “This is clearly an incredibly challenging leadership programme. Unlocked Grads will have to develop advanced communication skills, diplomacy and resilience as well as the creative entrepreneurial flair to bring new ideas to prisons. These are the skills I look for in my sector.” (Sir Martin Sorrell, former CEO of WPP).
Sounds all well and good, but there’s no scope for entrepreneurial flair inside a prison; it’s a process driven role, dependent on regime and written Prison Service Instructions (PSI’s).
The candidates didn’t appear to be encouraged to stay once they acquired their master’s degree.
This seems incredibly short-sighted of the MoJ. Why are they investing in these grads yet encouraging them to move on after two years and not retaining them?
Sam Gymiah, the then Prisons Minister wrote:
“Some bright, passionate & capable recruits joining the prison service to help fix our prisons. Well done @unlockedgrads” (Twitter, 21 August 2017)
Hardly able to “fix our prisons” just through this two-year scheme.
I was informed by Natasha Porter that these grads were not included in the 2,500 new staff members that were being recruited.
The 2018 Cohort
This year 105 candidates attended the Summer Institute and yet again Ipswich was suddenly the place to be, a tourist attraction for anyone in the ‘Justice arena’. Now that HMP Berwyn in no longer ‘flavour of the month’, Ipswich appears to be the place to be seen.
Between 29th July and 6th September, guest speakers galore appeared at the University to give talks: from Gethin Jones to Michael Spurr to Erwin James.
Recently, when visiting the Ipswich Waterfront, I spotted dozens of mainly young men and women dressed in standard issue prison officer uniform complete with boots. Some were hiding their epaulettes with their hands and others showed their key chains.
It was the next instalment of the Unlocked Grads programme.
They were milling around on a lunch break (see photo) so I went and had a chat. I asked how they were finding the course and we briefly discussed the crisis within the prisons, as the HMIP report on Birmingham had just been published.
One of the 2018 Cohort said: “Oh but that’s just the media,” dismissing the squalor, violence and drugs in prisons as if it was some sort of fallacy.
Seriously, are they being taught about the reality of what is happening inside prisons?
Another eagerly said: “We are going to do something different; we will be on the landings, but it will be based on rehabilitation.”
If the Unlocked Grads are focusing on rehabilitation as “something different” then what is everyone else doing now?
And how many of them will stay long enough to make this “something different” happen?
If they are going onto the landings and have been told they will be focusing specifically on rehabilitation how will that go down with other members of staff, when they are so stressed that even the minimum requirements are hard to achieve?
Will there be a clash in their work expectations, disruption or problems with team dynamics, an “us and them”?
What people are saying about Unlocked Grads
I asked a former Prison Officer about his thoughts on this scheme, this is what he said, word for word:
“Hi Faith, my feelings are that most of them will be eaten alive by inmates, as grads won’t be from the same background as most inmates. A lot of grads would have been brought up with a “silver spoon in their mouths” and inmates will spot this a mile off and some inmates will sense this and will make their lives hell, I can’t see grads staying in the job for long, HMP need to employ people who are over 25 years old with some life experience”
I also spoke to someone who has been working in Education in prisons for years. They told me:
“The YO’s will make mincemeat of these university kids. And the older men will not like being told what to do by a kid. The whole enterprise seems absolutely mad, ill-thought out and with absolutely no thought given to basic – really basic – psychology”
Another quote, this time from a senior civil servant within the MoJ, who told me:
“the ideological approach is now wearing very thin”
One of the 2018 Cohort told me Unlocked Grads have a contract for 6 years and they described the 2017 Cohort as “guinea pigs”.
A few said they were going to be working in HMP Wandsworth, and they seemed somewhat amazed that I could describe in clear detail the layout, and the condition I personally encountered there at Wandsworth on numerous visits I had made.
Yet not one of them asked me who I was.
Curiously, I was told by a speaker at ICPA 2017 that, in his plenary address Michael Spurr said, without actually name-dropping Unlocked Grads, that he didn’t believe the principle of employing grads was the answer to the issue.
Given that Mr Spurr was invited to speak at Unlocked Grads Summer Institute in front of both the 2017 and the 2018 Cohorts, this is utterly remarkable and serves to remind us that Unlocked Grads doesn’t appear to have universal acceptance – even within HMPPS.
Overall, it all appears to be secretive, behind closed doors; many in the Justice sector I speak to about it is saying the same.
On 9th September, I listened to the BBC report by Danny Shaw about the Unlocked Grads and questioned whether it was advertising? Where was the balance, where was the incisive journalism we have come to expect from BBC News’ home affairs correspondent?
In his report, Danny Shaw said: “Governors have found it hard to find and retain staff.”
Governors need to find and retain staff, right, but are the Unlocked Grads planning to stick around?
Also, I noticed in that report a focus on ‘Sophie’ from the 2017 Cohort deployed at HMP Coldingley. Half way through the video reportage where it says: ‘Now Sophie is helping to train the next set of recruits’. This seemed a bit odd; how developed is her jail craft after one year and why is someone who is not fully trained themselves, not a qualified trainer or an instructor, doing the training?
Further on in the reportage, Natasha Porter says:
“If you can deescalate a landing full of prisoners…”
That’s a big expectation, placing massive pressure on you as a new recruit.
It appears to me that the Unlocked Grads leadership scheme encourages the participants to see it is a stepping stone to a career elsewhere. This follows the same pattern that has occurred in the MoJ over the last few years with a continuous change of Secretary of State for Justice and Prisons Minister.
Does this just perpetuate the problem of lack of continuity in the Justice sector?
Retention, Retention, Retention
Unlocked Grads Programme purports to fill a gap in frontline prison staff but if these grads walk into other opportunities after 2 years, with other Government departments or with Private sector sponsors, then it defeats the objective of positioning it as anything with real-world ‘Custodial Environments’ credibility.
One young man on the 2nd Cohort said to me he hadn’t made up his mind if he would stay after the two years. Another said:
“I’m going to be Prison Officer for two years”
Therefore, if they are not contributing long-term, are they inadvertently placing a drain on already-scarce resources?
Academic standards and expectations
Unlocked Grads is delivered mainly as an online programme to an MSc with a summer school at the beginning of year one and the chance to write a policy document in the second year.
Job adverts have been posted asking for criminology dissertation supervisors that don’t necessarily have to be academics.
So apparently now we have those that are not trainers, training and those that are not academics supervising academic work at a Masters degree level !
Is it a prison officer training programme or an educational programme?
A member of Unlocked Grads staff said to me last week that the Ministry of Justice will no longer evaluate the programme. So how will it now be evaluated and by whom?
[If the link has been taken down, just click on the image here to read what the job advert said]
The University of Suffolk has been chosen to run this top-flight programme for training prison officers, yet where is any information?
If such a “prestigious” course is being run there why is nothing about it shared with the local press?
Local media were unaware of the start of the second cohort.
Were Sandy Martin MP for Ipswich (in whose constituency the University of Suffolk is located) or Tim Passmore, Suffolk’s Police and Crime Commissioner, invited for the launch?
What is it really all about – filling up desk spaces inside Petty France with Faststreamers?
Or is it even a short-term solution for Prison Officer shortages?
Yes, we do need leadership but that has to come through experience, surely?
Unlocked Graduates is currently incubated within the registered charity called Catch 22 Charity Limited, Charity Number 1124127. It is not a stand-alone charity even though on the Unlocked Grads website it states: “Unlocked is a charity…” (see image below).
It is funded by Unlocked Graduates which is financed by the Ministry of Justice.
In other words, these young people are being offered Master’s level qualifications paid for from the public purse.
This necessitates openness and fully transparency, doesn’t it?
And yet in the Annual Report and Accounts to 31 August 2017 for Catch 22 Charity Limited, Company no. 6577534 there is a simple mention of Unlocked Grads on page 21 and page 25 but there is no reference to the specific activity of Unlocked Grads in Notes to the Accounts, either as restricted funds or as unrestricted funds.
The Unlocked Grads website asserts that:
“The Unlocked Graduates programme was one of the key recommendations of the Coates’ Review of prison education, a report that argued that education needs to be put at the heart of the prison service if Government is serious about the rehabilitation of prisoners.”
I have read the Coates’ Review, and nowhere in the review does it cite that the Unlocked Grads programme was a key recommendation. In fact, the publicly available version of the Coates’ Review doesn’t include the words “Unlocked Graduates” at all, anywhere.
Therefore, this is a misrepresentation of what the review states. Below is the actual recommendation:
A new scheme to attract high calibre graduates to work in prisons for an initial period of two years should be introduced. The role should be as a prison officer with an additional remit to support education at the heart of the prison regime.”
Natasha Porter, CEO of the Unlocked Grads programme, was on the review panel for the Coates’ Review and Dame Sally Coates is on the board for Unlocked Grads.
How very convenient.
The Coates’ Review was published on 18th May 2016 and the Unlocked Grads scheme was launched on 21st Dec 2016. Why are these dates important, shouldn’t this exceptionally rapid time to market be commended?
In normal circumstances, yes, such as in the private sector, but this is Government and we all know that the government rarely, if ever, moves that quickly on justice-related issues. Take for example, the Corston Report ‘A review of women with particular vulnerabilities in the criminal justice system’ from March 2007; on the shelf for over 11 years and counting.
As this is a Government contract, and we have learned they have it for 6 years what was the procurement process and where is the publicly available tender?
I cannot find it on Official Journal of European Union (OJEU). If it was a non-competitive tender, why was only one private-sector provider aware of it? No other educators I have spoken to were ever approached.
Surely nothing is stopping any other private education company from setting up a similar training scheme. BPP University was the first private educator to be granted the ability to award recognised degrees in 2013. What is stopping them, or a similar organisation, coming up with a Graduate programme using prisons?
Launched so quickly after the publication of the Coates’ Review, it is completely out of character for public sector procurement processes to have been satisfied within such a short timescale.
Which leads us to have to question whether prior knowledge played a material part in either the establishing of the Unlocked Grads programme or the inclusion of Recommendation 11, or both, or neither.
Wrong people in the wrong place at the wrong time?
Is now the time for a scheme like Unlocked Grads to place quantities of inexperienced officers in the frontline when the Inspectorate have just issued their 4th urgent notification to Secretary of State for Justice?
In the latest urgent notification for HMP Bedford, Peter Clarke, HM Chief Inspector of Prisons, states:
“A lack of staff and experience undermined the work of the offender management unit.
…77% of available officers had less than one years’ service. There was a corresponding lack of experience at all levels, and it was clear that this was having a significant impact on many areas of prison life”
One young female Unlocked Grad in the 2018 Cohort told me her parents were worried about what she was doing. I’m not surprised, as a parent I would be too.
It made me think why is the Unlocked Grads scheme putting young people’s lives in possible dangerous and hostile surroundings such as HMP Wandsworth after only a few weeks training? They are ill-equipped and not sufficiently trained for what may lie ahead.
We have unskilled interviewers marking candidates on their suitability, we have untrained trainers training the latest cohort, and we have the possibility of non-academics as supervisors for the Master’s dissertation.
In addition, we have a course led by a member of the review panel of the Coates’ Review.
Moreover, was recommendation 11 of the Coates’ Review written to fit the Unlocked Grads Programme or was the Unlocked Grads programme written to fit recommendation 11?
In the public interest, I think we all have the right and duty to question this to assure that Government reports have not been manipulated by private sector commercial interests or non-government organisations.
The question needs to be asked and the answer given, in plain English that everyone can understand.
In reality, very little real information is available in the public domain about the Unlocked Grads programme. In drafting this blog, I have taken great care to gather, collate and corroborate information in which I could personally have sufficient confidence. The objective of this blog is not to criticise any individual but to question the soundness of this programme and the way in which it is conducted. I commend the young people for their ambitiousness and intellect; the issue is not with them. It is with those policy makers, who have approved this programme – they are the ones to whom questions should now be addressed.
SITUATION UPDATE 28 SEPT 2018
Subsequent to publishing this post on 22 September 2018, it has come to my attention that the leading local newspaper East Anglian Daily Times has published not one but two articles about Unlocked Grads.
27 Sept 2018 ‘‘No substance’ to claim uniform policy threatens prison guard trainees‘ by Tom Potter (tweeting as @TomPotterEADT)
28 Sept 2018 ‘Could Netflix’s Orange is the New Black be attracting more British women to become prison officers‘ by Jessica Hill (tweeting as @jessjanehill)
This is an astonishing turn of events. Either Unlocked Grads and University of Suffolk have moved quickly to resolve the question I asked “If such a “prestigious” course is being run there why is nothing about it shared with the local press?” and to dispel concerns of secrecy, or these were pre-scheduled PR pieces.
Either way, it raises more questions.
A bright summer’s day. A short car journey, a train, 2 tubes, 2 more trains and I finally arrived after more than 5 hours of travelling, into Wrexham. I’ve come to HMP Berwyn. I’m here with an open mind and at the invitation of the No 1 Governor, Russell Trent.
HMP Berwyn is not very well signposted, it’s as if the locality is reluctant to admit such a place exists in their own backyard. On the way here, I asked some locals for their opinion on the prison, its location and its size given that it is not yet at full capacity. Many local people were hesitant in speaking about it. Others were really bemused when I said I was on my way there to meet the Governor.
“Well, they need to build a bigger car park”, one local said.
On arrival, from the outside, it resembles a business park not a prison.
Entering through large open doors I was greeted by a uniformed officer with a friendly face who showed me the lockers for my bag and phone, and the door to enter the prison. But it was the wrong door. I wasn’t asked why I was there or even who I was. I was sent back outside to another door, this time I approached a glass window and said I was here to see Russell Trent. Simple.
Unfortunately, the officer there had no record of my visit. Great start. I was then asked to put my driving licence onto the window, so they could read my name. Bingo, the glass screens opened, and I was inside.
I fully expected to be patted down. I wasn’t. I expected an officer to pass a wand over me. They didn’t. This surprised me.
The site is huge. I was immediately impressed by the overall cleanliness, both inside and out, the wide-open spaces between communities and grass, yes real grass, and flower beds. There was even a small area where they hold services of remembrance.
V = value each other and celebrate achievements
A = act with integrity and always speak the truth
L = look to the future with ambition and hope
U = uphold fairness and justice in all we do
E = embrace Welsh language and culture
S = stick at it
Sitting on a comfortable sofa opposite Number 1 Governor Russell Trent in his office, he pointed out the motivational quote on the wall.
“When a flower doesn’t bloom you fix the environment in which it grows not the flower”
But motivational quotes are everywhere throughout the prison, on stairwells, in corridors alongside photos of Wales. Another one that caught my eye was:
“You have got to be the change you want to see”
The Governor handed me a small pack of cards; each card represents a different Berwyn practice for each day of the month.
Day 1. We recognise achievements and celebrate successes #thankyou
Day 2. We actively listen to each other and make eye contact #respect
Day 3. We offer and ask for help and feedback #support
You get the idea.
This is a first, I have never brought anything out of a prison that I haven’t taken in and I have never seen such motivational material in quite the same way in any other prison I have visited. And I’ve been to every category of prison, more than once.
Having the opportunity to accompany Governor Trent as he did his rounds meant we could talk as we toured communities, healthcare, college, library, horticulture, accommodation, etc.
I watched as well as listened, as I always do, with my notebook at the ready for contemporaneous note taking. Governor Trent appears to be on the ball, knowing the names of the men and their sentence. Many politely came up to him with a query or problem they wanted resolving. If he didn’t have the answer, then he signposted or agreed to meet them later. I did find it odd when he was called “Russ” and even “Trenty”. I thought that was a bit over-familiar considering the whole ethos was of respect. Something didn’t quite add up.
In various conversations, the name of a certain community came up more than once and so did the name of a member of staff. It appeared some men felt fobbed off by this individual. I chose not to probe this but preferred to watch how it was dealt with.
I was introduced to the prosocial model of behaviour, a rehabilitative culture, making big feel small, the principle of normality and much more. Yes, Governor Trent is driven and considering over 90% of frontline staff have never worked in a prison before he has to sell his regime not only to the men but to the staff also.
The Ministry of Justice is very good at musical chairs, moving leaders around the prison service. It makes me wonder how long Governor Trent will remain at Berwyn.
Can Berwyn culture function without him and will the vision live on without his oversight?
Or will the settling cracks be more prominent or permanent?
In March 2018 there was a Death in Custody at Berwyn. The Prison and Probation Ombudsman (PPO) is still investigating and this death is unclassified as the cause is not yet known. I will not jump to any conclusions.
What I can say is during my visit I neither saw nor heard nor smelled any signs of drug abuse or spice.
Health and Wellbeing
Page 12 of ‘Rehabilitative Culture at Berwyn‘ states that “promotion of health and wellbeing is the responsibility of all whether they are living or working at Berwyn”. I think that collective ownership like this is a good thing because it means that the sole responsibility is not just carried on the shoulders of the healthcare team. The reason why this is good is because it replicates what goes on in the wider society.
I saw team sports in action, outdoor gym equipment and the outdoor running track. One initiative that caught my interest was the ‘Governor’s Running Club’. Men were proudly wearing their t-shirts which they were entitled to have once they had attended 5 successive weeks. Governor Trent emphasised to me that it was more about the commitment than the fitness.
Whilst all this looks favourable, one question I still have is the level of staff sickness at Berwyn. In ‘Annual HM Prison and Probation Service digest: 2017 to 2018, Chapter 15 tables – Staff sickness absence’ for the period 1st April 2017 to 31st March 2018 there were 3,628 working days lost (see Table 15.1, Column U, Row 18). It raises a concern as to why this is, given that Berwyn is not at full capacity and new communities are only opened once sufficient staff are in place.
It’s all very well having unlock at 08:15 and lockup at 19:15 but if the industries, education, workshops, purposeful activities are not there then what?
And what do we mean by purposeful activity?
I saw one of the workshops, sewing prison regulation towels. A monotonous task, processing the same off-white coloured towelling. I’ve seen the same activity in other prisons such as HMP Norwich. Why is this happening in Berwyn? If sewing is to be one of the “purposeful activities” then surely this could be expanded to sewing something less bland and uninteresting using acquired skills that may be genuinely useful on release. For example, Fine Cell Work showcases how this is possible both inside and after release with their post-prison programme.
In another workshop I saw, I felt I was looking at something more purposeful; it was a call centre, provided by Census Group, run by a woman who was keen to praise the men in her group. I could see how skills learned here could translate into meaningful employment on the outside as well as provide interest, variation and a challenge for those participating in this activity.
I briefly stepped into the College building housing the prison library. If it wasn’t for the jangling of keys you could have been in any educational institution.
Whereas I had expected the heat, because my visit was in August, I had not expected the temperature levels inside on the landings of the communities and in the rooms I visited. It must have been at least 30 degrees.
I had heard a lot about the rooms here and saw many photos. However, you need to walk in one to fully understand the scale. For the rooms which are single occupancy they are compact, but I’ve seen smaller. A raised bed, with storage underneath, a desk with monitor, a plastic moulded chair. It has a shower/toilet/wash basin in the corner with a short curtain acting as a screen. And a small safe for locking away any medical supplies and that’s your lot.
Unfortunately, with only 30% of the rooms in Berwyn built for single occupancy the majority of the men have to double up.
In the double-occupancy rooms, it is the same layout for two but only slightly wider and another small bed with storage underneath. To share a room with someone you have never met and to have so little privacy going to the toilet or having a shower is entirely unacceptable for a new build prison in the 21st Century.
Here is where I have a problem with Berwyn as a model for Titan prisons.
According to ‘The Report of the Zahid Mubarek Inquiry’ published in June 2006, (download the PDF here) there were three main recommendations concerning enforced cell-sharing:
- The elimination of enforced cell-sharing should remain the objective of the Prison Service, and the achievement of this goal should be regarded as a high priority.
- The Prison Service should review whether the resources currently available to it might be better deployed towards achieving this goal, without compromising standards in other areas, and should set a date for realising this objective.
- If the resources currently available to the Prison Service are insufficient to produce a significant decrease in enforced cell-sharing, central government should allocate further funds to the Prison Service to enable more prisoners to be accommodated in cells on their own.
I’m sure I’m not the only one to be astonished that after 12 years these recommendations were not incorporated into the planning of Berwyn. They were made long before the architects’ drawings were prepared and before any ground works were dug.
How can the concept of a Titan prison be a showcase, a flagship, when recommendations such as these are willfully overlooked? Was it in pursuit of lower unit cost per prisoner?
Economies of scale
If it is such a flagship of the Ministry of Justice, a social experiment, a regime extraordinaire, or whatever you wish to call it, why hasn’t the Secretary of State for Justice or the Prisons Minister visited? I will urge them to come and see Berwyn for themselves.
I already have my doubts that Berwyn will ever reach its full capacity so in that case what is stopping it from turning all double rooms into single occupancy?
It has been built to 70% double, 30% single rooms, like a Walmart of the Prison Service, pack them high, sell them cheap
During my visit I was informed that the cost per head was £14,000. Afterwards, I contacted Berwyn to confirm and was told £13,500 per head. Compare this to the average annual overall cost of a prison place in England and Wales at £38,042 in 2017, according to Ministry of Justice report on ‘Costs per prison place and cost per prisoner by individual’, £35,182 in 2016 (download the 2017 PDF here and the 2016 PDF here). See: Table 2a, Summary Comparison
I wouldn’t be surprised if the figure was more like £11,000 – £12,000 per head at Berwyn, its “economies of scale” achieved by factors such as low salaries of frontline staff in their first year of service being the predominant workforce here.
The Berwyn Way
All the men arriving into HMP Berwyn are given Enhanced IEP status. The idea behind this is that the men then have to take some personal ownership to maintain that level. In other words, it leaves no room for incentives to improve status but only punishment if you don’t make the grade. In my opinion, it makes a nonsense of the IEP system and is inconsistent with many of the sending prisons of which there are 65. Is this demotivating those who have worked hard to achieve Enhanced elsewhere?
I remember when the last changes with IEP came into effect with Chris Grayling. Working in a prison where most of the men were on Enhanced yet half of them did not fulfil the new criteria to be on Enhanced. This brought about a two-tier system when people were transferred into the prison as they had to adhere to the new rules. This issue alone can have a big impact on the culture and effective daily operations inside a prison. I feel the same pitfall maybe true of Berwyn, albeit inadvertent.
I noted later that in the document ‘The Berwyn Way’ 3. Strategic priorities, Rehabilitative culture.
3.8 An important part of the realisation of Berwyn’s rehabilitative culture will be changing behaviour by reward, not punishment and everyone will work hard to uphold this ambition.
How can this be so when the IEP system is used not to reward, but to punish?
There is a clear disconnect here.
Respect: to get it you must give it
I noted that on one occasion entering a community, staff immediately stood up as we entered. My immediate thoughts, was this just a mark of respect or fear of reprisal later?
I rather hope it is the former rather than the latter.
But I have been in enough SMT meetings in other prisons, where Governing Governors have mouthed off over even a trivial matter, to know how that could have been out of fear.
I shook hands with many members of staff and the men housed there. Some men apologised for their language even though it wasn’t aimed at me. This showed self-awareness which is a vital characteristic in life as well as in living in a prison.
I came away with a brochure about the rehabilitative culture at Berwyn, a document on ‘The Berwyn Way’, a desk top flip chart and pack of cards of the Berwyn Values.
I’m commenting on a regime, I’m not criticising any individual. I’m evaluating and analysing what the consequences might look like for Berwyn based on what I have personally seen and heard.
The model of single-occupancy rooms is not a luxury, it’s a necessity.
It is time HMPPS stops putting profit before people.
Positive reinforcement of behaviour works much better than penalties.
In my opinion I would have to say, on the balance of probability, there should never be another prison built on the scale of Berwyn.
This visit to HMP Berwyn took place on Thursday 2nd August 2018.
My time and expenses were entirely self-funded.
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 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.
“Can anyone doubt that today our prisons truly are in crisis—seriously overcrowded, understaffed and volatile—and that the solution cannot be simply to build more, but lies rather in adopting fresh approaches to reducing their population and restoring what is now almost entirely lost: the real prospect of prison sentences actually being used to reform and rehabilitate inmates?”
This was the opening paragraph from Lord Brown of Eaton-under-Heywood on the debate on Prison overcrowding 7th September 2017 that he brought to the House of Lords.
I was there in the Public Gallery watching and listening very carefully and was the only person who stayed in the public gallery for the whole debate.
Why is the subject of prison population one that makes everyone uncomfortable?
Coincidentally, it was exactly a year to the day when, in 2016, I sat watching and listening behind Liz Truss in the Justice Select Committee as she was grilled.
That was her first time in front of this committee and they wanted answers. On the subject of prison population, which is at an all-time high, she said this:
“…the metric I will judge myself on is not prison population”.
I have tried to pick out some of the main points made during this House of Lords debate below
Lord Brown of Eaton-under-Heywood was very clear when he said, “Warehousing has largely replaced rehabilitation”. He had four recommendations:
- Send fewer people to prison and for shorter terms
- Indefinite sentences, which are now commonplace, should become a rarity
- Facilitate prison release
- Drastically cut the number of recalls
Baroness Healy of Primrose Hill also picked up on the crisis that shows no sign of ending. Her suggestions included an urgent review of the use of short-term sentencing and to reverse the sharp decline in community orders. In addition, we should stop the imprisonment of women for non-violent offences and instead invest more in women’s centres.
Lord McNally “I fear that part of the problem of prison reform is that in a way, the whole of our Prison Service is like a paddle steamer driven by two paddles, but they go in different directions. One paddle is egged on by the media, influenced by public opinion and by politicians who, when given the hard choice between backing the difficult decision or playing for the politics of fear, have too often chosen the latter, and by political parties of all kinds, which, when it comes to elections, put out their leaflets telling their would-be voters how crime is rising and how they are going to deal with it. That paddle, pounding away, always makes it difficult to get the case for reform.”
Lord Ramsbotham “…if the Prison Service’s distortion of its role is to be rooted out, Ministers and officials must stop ignoring, and start listening, to the clarion calls of those who, for years, have been drawing their attention to the damage that overcrowding does to a system for which they are responsible and accountable to the public”
Lord Hope of Craighead “My Lords, there are far too many people in prison who ought not to be there at all. I have been concerned for some time about what can best be described as inflation in the length of the sentences being imposed by the courts”
“As for rehabilitation, the effect of overcrowding is that the opportunity for effective rehabilitation is greatly reduced. On the other hand, many more prisoners are being recalled now for breach of licence conditions than ever before”
“The Government need to address the reasons for these rises in prison numbers as much as they need to address the physical problems the overcrowding gives rise to.”
Lord Wigley “We desperately need a new fundamental review of the whole strategy of preventing crime, rehabilitating offenders and building communities at peace with themselves. We need radical new thinking and we need it very soon.”
Baroness Murphy “We put money into policies and we have no idea whether they are being delivered, simply because we have no way of measuring and there is nobody who can do the measuring. So policy ambitions are not being addressed. Of course, the prison regime is most likely to lead to depression, anomie and disturbed behaviour. Inside prisons the situation is dire.”
“Yes, we could have more mental health services but, frankly, it will not make any difference unless we solve the problem of how we are pouring people into the criminal justice system.”
Lord Cormack “We should constantly remind ourselves that punishment is sending somebody to prison, and the purpose of prison is rehabilitation. That has been neglected and forgotten for so long. One of the reasons, I fear, is the commercialisation of prisons.”
“We have to try to reduce the prison population. If we do not, we will continue to connive at perpetuating a blemish on our society. We are collectively indicting our own civilisation on our civilised values.”
Lord Harries of Pentregarth “…I wish to focus on one aspect only—the impact of overcrowding on self-inflicted deaths.”
“When a person is in prison the state has a particular responsibility to do all it can to ensure that they do not develop a state of mind where suicide is what they are tempted to do. Prison can lead to a sense of isolation, mental fragility and a feeling of hopelessness. For the reasons that I have outlined very briefly, the present overcrowding makes the situation much worse and is totally unacceptable.”
Baroness Masham of Ilton“If there was a more comprehensive aftercare system for vulnerable prisoners when discharged, with ongoing rehabilitation and a place to live for those who are homeless, maybe there would not be so much recidivism, which is one reason for prison overcrowding”
Lord Bradley “…reform is urgently required of indeterminate sentences for public protection. I support an approach recommended by the Prison Reform Trust, based on the three principles of convert, protect and rehabilitate. IPP sentences should be converted from indeterminate to fixed-length sentences, starting with the shortest tariff lengths where the greatest injustice seems to have occurred. The public should be protected with a guaranteed minimum licence period for all cases following release. As to rehabilitation, we should ensure that a proper investment is made in the support of IPP prisoners after release.”
Lord Alton of Liverpool “What is happening to the Government’s proposals for getting prisoners into jobs after release, for ensuring that prisoners learn English and maths and for league tables to evaluate progress on education? Where do education, training, secure schools and young offender institutions fit into the long-term strategy?”
“…we need an entirely new culture in our prisons and a different attitude to the way in which we run them”
Lord Hastings of Scarisbrick “We understand the heart of the difficult arguments, and now it is time to move towards answers and solutions, to cut the cost to the public purse and to stop the unnecessary incarceration of men and women who do not need to be in prison.”
“Why not invest our tax resources instead in their futures, and not in containing people in the despair and hopelessness of prison?”
Lord Lee of Trafford “…our prisons are a national embarrassment”
Lord Berkeley of Knighton “Overcrowding in prisons is severely hampering the opportunity for rehabilitation and the shining of a light in a dark place to illuminate a more redemptive path.”
Lord Birt “What is needed is not more obfuscatory press releases from the MoJ, with numbers unaccompanied by any convincing narrative at all, but an integrated and convincing five-to-10-year plan that moves us ahead of the curve and contains prudent forecasts of prisoner numbers, with plans to build an estate without any overcrowding and with a plan for officer numbers that will allow our prisons to become controlled, disciplined and civilised.”
The Lord Bishop of Southwark “It is imperative that we work together to increase hope and ensure that words and aspirations are matched by actions and delivery. There is an urgent need so to do.”
Lord Low of Dalston “We should look not only at the prosecution and sentencing practice of other countries but at what they do instead with those offenders, particularly categories of offender who are no longer sent to prison.”
Lord Phillips of Worth Matravers “My Lords, we are dealing with a problem that successive Governments have failed to solve for over half a century. The cause of that problem is that we send far too many people to prison for far too long: far longer than is necessary for rehabilitation and far longer than is needed to provide an effective deterrent.”
“What is needed is a change in the public attitude to keeping people locked up in prison: a recognition that the cost to society of this form of punishment is prohibitive; that the cost of each year that a man spends in prison simply by way of punishment is depriving us of resources that could otherwise be used to meet urgent social needs, including those that prevent young people turning into criminals. To bring about this change in attitude calls for leadership and courage on the part of Government. The aim should be, for a start, to halve the number of those in prison. IPP prisoners should be released. Old men who no longer pose any threat should not be held in expensive custody. Most importantly, legislation should reverse the trend of requiring ever longer sentences.”
Lord Colgrain “I have been drawn to three particular aspects of the prison system that seemed so anomalous that I subsequently drew them to the attention of the then Secretary of State for Justice, and I think that it is worth reiterating them now in the context of this debate on prison:
- Reduction of utilisable space, which in turn adds to the sense of overcrowding
- Delay in administration, which in turn restricts the execution of the system, which in turn leads to overcrowding
- Release late on a Friday afternoon, with limited ready funds and no protected environment within which to reside, must surely contribute to a higher possibility of reoffending than might otherwise be the case, with the subsequent prison overcrowding”
Baroness Hollins “Prison chaplains are trusted by prisoners. They are able to help counter the negative effects of overcrowding by offering personal and pastoral support to the prisoners in their care. Pressures created by overcrowding also threaten to undermine the quality and provision of family contact in prison—something particularly relevant to mothers with dependent children. As the noble Lord, Lord Farmer, stated in a recent review, family ties are as essential to rehabilitation as education and employment”
Lord Bird “Until we move on to prevention, until we start to dismantle poverty, we will have overcrowded prisons. I am sorry to say this, because overcrowded prisons are not prisons that work. We can be as clever as we like and come up with all sorts of solutions, but let us stop the churn; let us stop the arrival of people in prisons. That is the big, revolutionary need in terms of our thinking.”
Lord Judd “If our system is not rehabilitating people, it is a total failure. There needs to be a culture and a professional commitment at all times to rehabilitation. Rehabilitation means recognising that prisoners are individuals.”
“We all have a heavy responsibility to resist the cynical populism of the press and too many of our political colleagues when it comes to the challenge of prison reform. What we have now is generating crisis, not overcoming it.”
Lord Cullen of Whitekirk “…there is little evidence of overcrowding in Scotland’s 15 prisons.The most marked decrease has been in the number of young offenders. This points to the success of a whole system initiative which has encouraged a number of actions such as early intervention, opportunities for diversion from prosecution and support from the court process. For initiatives such as this the relatively small size of Scotland has assisted in bringing together the responsible agencies, sharing good practice and developing good teamwork.”
Lord Fellowes “If any other public service were in the position of our prisons, radical measures would have to be taken, and quickly. In the case of Britain’s prisons, this becomes more and more essential as the years go by, and the clear priority must be for a significant drop in overall numbers. The present numbers ensure that rehabilitation comes way down the priority list.”
“I know that our Government have much urgent business to complete, but the state of our prisons and the intolerable burden we place on the Prison Service continue to shame us and remain a danger to the stability of our society.”
Lord Woolf “In our system very powerful forces, coming largely from Parliament, continually drive up sentences and there is no equally powerful force which has the opposite effect of reducing them. That is what we have to focus upon…I suggest that we have to give the Sentencing Council a new remit whereby, if sentences are increased, it has to make recommendations under which they can be reduced. Unless we get a balancing factor of that sort, I am afraid that the present problems will continue.”
Baroness Stern “I would make two proposals to the Minister. First, a radical review could be a very practical and sensible way to proceed. Secondly, would she consider inviting the Secretary of State for Justice—who has a very good reputation—to find the time to listen to the views of some of those in your Lordships’ House in whom so much wisdom on this subject resides?”
Lord Elton “…it has been assumed that the problem that needs to be solved is how you treat criminals. But the problem would be solved with much less expenditure and much greater effect if you focus on how you treat children so that they do not become criminals.”
Lord Marks of Henley-on-Thames “The state of our prisons is one of the scandals of our times. They are neither humane nor civilised and they fail as places of rehabilitation and reform. The combination of overcrowding and understaffing is toxic.”
“…civilised society has a duty to ensure, by law when necessary—and experience has shown that it is—that prison is genuinely only used as a last resort; that prisons must be decent, humane and uncrowded; that sufficient staff must be employed to keep prisoners safe and secure; and that prisoners must be afforded full opportunities for education and work with a view to their rehabilitation. We should legislate to insist on achieving those standards. Only when we achieve them may we say that we have an acceptable penal system.”
Lord Beecham “I observe that we already have a world-class system—unfortunately, it is a third-world-class system. We do not know what the Government’s intentions are in respect of legislation. Perhaps the Minister could advise us. What has become of the claim in the Government press release of 23 February that the,
Historic Prisons and Courts Bill will transform the lives of offenders and put victims at the heart of the justice system, helping to create a safer and better society,
new legislation underpins measures outlined in the ground-breaking Prison Safety and Reform White Paper which will transform how our prisons operate?”
Baroness Vere of Norbiton “To reduce overcrowding, we must act in two areas. We must reform the prison estate and manage prisoner numbers.”
“I believe that the reforms and actions I have set out show how we are effectively managing the prison population, now and for the future. In an estate parts of which date back to Victorian times, there are of course significant challenges, but we know where those challenges lie and what is needed to rise to them. With our recruitment of record numbers of prison officers, with our unprecedented prison modernising programme and our focus on rehabilitation and reducing offending rates, we are getting on with that important work to build a prison systems that is safe and secure and transforms offenders’ lives.”
But is THIS the real problem
I will give the last word to Lord McNally
“We therefore have to understand that the debate today, which will be overwhelmingly 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 the reforms through.”
Think carefully – why would people who have been released from prison want to be integrated back into a society that thinks it’s okay for them to be locked up for 23 hours a day, with little nutritious food, lack of education, virtually no purposeful activity, squalid living conditions, unsafe, rife with drugs and violence, where staff struggle to maintain order, where corruption, suicides, self-harm and unrest are all increasing, where budgets are cut and staff numbers reduced.
Surely it’s time we asked why?
I think it’s because prison reform should not be just a political issue.
Regardless of who the Secretary of State for Justice is, or who the Prisons Minister is, or what political party they are from, prison reform should not be contingent on who is at No 10, it should be happening anyway.
It has become a humanitarian issue.
I want to get things done.
I’ve had some prison Governors and Officers talk to me about prisoners and – honestly – I cannot even repeat the words that came out of their mouths.
And yet I’ve had other prison Governors and Officers confide in me about the growing concerns they have for people in prison.
On Friday 28 April, I learned that I was named a nominee of The Contrarian Prize 2017. It’s a prestigious prize for those who have shown independence, courage and sacrifice. I didn’t apply for this or seek the nomination, it found me. And I’m deeply grateful for it.
My fellow nominees are a formidable bunch and we’re all Contrarians in our own way. In my case, I wasn’t afraid to speak the truth to those in power, talking about the criminal justice system in the public interest. Doing so came at a huge personal cost including a face-off with the ‘goliath’ of the Ministry of Justice.
I’d like to use this nomination to propel and advance the issues I’ve been talking about. If it means we can see change and real prison reform by people seeing it more as a humanitarian issue then it has been worth it.
Contrarian Prize 2017 shortlist announced here
The Contrarian Prize seeks to recognise individuals in British public life who demonstrate independence, courage and sacrifice.
Now in its fifth year, it aims to shine a light on those who have made a meaningful contribution to the public debate through the ideas that they have introduced or the stand they have taken.
Ali Miraj (@AliMirajUK) is the founder of the Contrarian Prize.