The Criminal Justice Blog

Home » Posts tagged 'whistleblower'

Tag Archives: whistleblower

Contrarian Prize 2017 nominee

I feel proud to have been nominated for the Contrarian Prize for 2017 and thank you to Ali Miraj and the judges for considering me for this prestigious prize. My congratulations go to Professor Patrick Minford for winning the Contrarian Prize 2017.

Ali Miraj with Faith Spear 0544 lev1 600px

Ali Miraj with Faith Spear

This is the Mission statement for her Majesty’s Prison Service for England and Wales:

“Her Majesty’s Prison Service serves the public by keeping in custody those committed by the courts. Our duty is to look after them with humanity and help them lead law-abiding and useful lives in custody and after release”

 

I’m sorry but this is nonsense

 

  • The reality is that on average there is a suicide in prison every 3 days
  • Violence is on the increase
  • Self-harm is on the increase
  • Drugs are everywhere.
  • Prisons are overpopulated and under staffed.
  • Many prisoners are locked in their cell for up to 23 hours per day with little to do and little to eat.

 

Our prisons are in crisis but reform is taking too long. It has become a humanitarian issue.

 

Yet, for speaking the truth to those in power for prison reform I was bullied, ostracised, suspended and investigated by the MoJ for misconduct.

Despite a prejudicial character assassination against me, continuing to speak out for prison reform and for speaking to the press was, according to the MoJ, gross misconduct so the Prisons Minister dismissed me from the Independent Monitoring Board for 5 years.

 

I haven’t finished yet I’m just getting started. I assure you this I am not shutting up and I am not going away. I will put this nomination to work immediately by using my voice as a Contrarian to assure reform in the Criminal Justice System.

 

I’m not here to join the debate I’m here to change the debate…that’s what Contrarians do!       

On this day the only April fools are my critics

Today marks a year since my life was turned upside down.

 

On this day, one year ago, I accepted an invitation from the editor of The Prisons Handbook to write an article on my personal experiences of being a member of the Independent Monitoring Board (IMB) for the Prisons Handbook 2016.

Faith Spear outside UL Cambridge 9283 400px

Door of opportunity: University Library, Cambridge

If I wrote it, he promised to publish it, and he did! You can find it on pages 20-23, after Michael Gove’s Foreward and just before the transcript of David Cameron’s speech on prisons.

Little did either of us realise the scale of interest from that one article.

Even before the book went to press I was catapulted into the media both local and National.

The local IMB board, IMB Secretariat, President of the National Council and National Council itself all decided that I needed to be shut up and shut up quickly.

The bullying started, then the intimidation, then the lies and then the prejudicial character assassination.

One Hollesley Bay IMB member who is still a member had the audacity to tell me that it would have helped if I had cried in front of the board whilst apologising for writing the article.

Call me contrary, but I make no apologies for having written the article. It was well grounded and factually correct, corroborated by the contents of the report by Karen Page Associates which the Ministry of Justice itself commissioned.

I did apologise for any offence caused as that was not my intention. The issues I raised are as important now as they were a year ago, I haven’t seen enough progress in any of the points I carefully considered and wrote about.

Those who truly know me can understand why I spoke out so passionately and continue to do so. I was given a platform which I took eagerly but never expected the venom, backlash, and dirty tactics by the IMB and MoJ in trying to destroy me my reputation and my working life.

But I have remained and will continue to remain steadfast in the knowledge that I spoke the truth and ultimately that’s all that matters.

My life has been turned upside down but I’m in some way I’m grateful for that. I have had the privilege to meet some of the most extraordinary people both in and out of prison and I have no regrets.

So, I’m not shutting up and I’m not going away

I’m #justgettingstarted

Join the conversation on Twitter:  @fmspear #justgettingstarted

~

 

Never be afraid to speak the truth to those in power*

A letter from the Ministry of Justice landed on my doormat yesterday morning. I was expecting it and with trepidation it was opened and carefully read.

To download and read, please click here.

letter-gyimah-to-spear-05-jan-2017-screenshot

I shed a few tears. And then I replied!

To download and read, please click here.

letter-spear-to-gyimah-09-jan-2017-screenshot

9 months after I wrote an article in The Prisons Handbook 2016 the curtain has fallen on my time in the Independent Monitoring Board (IMB). I am dismissed with immediate effect for a period of 5 years.

I kept my word and saw this sorry episode through to the end. There are no winners or losers.

What I now know through personal experience is that if you level criticism about the Criminal Justice System you can guarantee the weight of the system will be upon you. In my case I faced an investigation by the MoJ that was biased to begin with and full of lies.

Paperwork from the start shows this was a deliberate and prejudicial character assassination designed to shut me up in the hope I would give up go away and to discredit me. I have the evidence and so does the MoJ but they have been selective with it.

But I am stronger than that and I have done my best to stand up to everything that has been thrown at me. Reports that I have read about myself written by the MoJ bear no resemblance to me and yet they have been used against me and yes, the Prisons Minister Sam Gyimah has taken them on board and made his decision.

I cannot change this decision. I have appealed and my voice may have been ignored by him but my voice has traveled far.

So, what now?

I am already on the record as saying “The Ministry of Justice has left me with no alternative than to take more robust action in the public interest” and that is exactly what I will do.

This doesn’t mean I will retaliate and seek retribution. However, since I am not gagged anymore I could reveal considerably more information about dishonesty and real misconduct I have encountered.

The IMB Secretariat, current and former IMB members, MoJ wonks and HMP/YOI Hollesley Bay staff including Governors should reflect carefully on their own behaviour before shouting down a volunteer monitor who decides to write about what they have seen and heard.

They chose to make it personal whereas I wrote about the issues.

Throughout this last year, I have kept my integrity and I have been truthful about what happened. I have never sought to elevate myself.

I am passionate about the issues I have raised for prison reform and I have no intention on being quiet or giving up, no not for one moment.

As many readers will know my motto has become #notshuttingup #notgoingaway and that is how it will continue.

Our prisons are in crisis and reform is taking too long.

~

* acknowledgements to Sir Ivan Rogers‘ email 

My statement today outside Petty France

faith-spear-20161121_131057

Today, the Ministry of Justice has left me with no alternative than to take more robust action in the public interest.

Officials in Petty France have brought a disciplinary hearing against me. They accuse me of misconduct as a result of speaking out for prison reform.

An investigation into my behaviour was conducted at tax payers’ expense and brings into question my independence and my integrity. I am woman volunteering with the Independent Monitoring Board and I hold a public office.

The Ministry of Justice has chosen to disregard the evidence I provided of real misconduct including leaked emails between others in the Independent Monitoring Board.

This just scratches the surface and is a matter of substantial public interest.

Therefore, in front of the disciplinary panel and without permission for legal representation, I will disclose why the decision of the then prisons minister Andrew Selous MP six months ago was based on a prejudicial character assassination of me by those who want me to shut up and go away.

I am not shutting up.
I am not going away.

Our prisons are in crisis and prison reform is taking too long.

 

The paralysis of too many priorities.

 

Sat immediately behind the new Secretary of State at the Justice Select Committee (@CommonsJustice) on 07 September, I registered a lot of awkwardness that was beyond mere nervousness felt by many a new joiner.

thatcher-07-sept-2016-100546

Thatcher Room, 07 Sept 2016

 

Just like Gove’s debut in front of the same Committee where he rattled on about “we’re reviewing it” (yes, I was there for that one too), Liz Truss (@trussliz) talked largely about the formulating of “plans” but on the day said nothing about tangible actions she will take.

How many more reviews do we need?

Has Truss inherited a poisoned chalice passed from one SoS to the next? Her department has a huge accumulated mess to sort out and doesn’t know what to do about it. Is she wondering what to tackle first? The paralysis of too many priorities?

Her critics say she’s doing things wrong. Look at it for yourself and you’ll see some of the priorities she is confronted with:

  • Extremism and radicalisation in prison
  • Violence against other offenders and against prison staff
  • Over population
  • Under staffing of prisons
  • Death in custody
  • Drugs and drones
  • Education and purposeful activity
  • Resettlement and homelessness on release

You would think her advisors would know what the order of priorities are. They don’t, or if they do, they obviously prefer the relative safety of “talking shop” over the tough task of taking concrete action on these priorities.

The key question people are asking is has she actually got the shoulders for the job; she has the high office and gilded robe of the Lord Chancellor but does she have the support of those working within the criminal justice system?

Soon after her appointment from Defra to Ministry of Justice, Liz Truss paid token visits to two prisons but cannot be expected to become an instant expert on the prison system.

What other mess does the SoS need to deal with?

The system of prison monitoring is in a mess. The IMB Secretariat is in utter disarray. They say they have policies and procedures but don’t always follow them themselves. For the most part, IMBs are doing their own thing. There’s no real accountability anymore. It’s a disgrace and it’s deplorable that it’s been allowed to get as bad as it has.

Faith Spear

Faith Spear

For my critique of prison reform and Independent Monitor Boards, I’ve been put through two MOJ investigations. Each one takes away a little piece of me. But for me it’s always been about the issues. That’s why they can’t and won’t shut me up.

The message of prison reform has become urgent and has to get to the top. If no one else will step up and if it falls to me to take it then so be it.

No accountability anymore? Give me an example.

You want an example? Here’s one of many: At HMP Garth, the IMB Chair issued a Notice To Prisoners 048/2016 dated May 2016 without the authority to do so, and apparently without the Board agreeing it. The Chair acted unilaterally outside of governance. I found out about it because a copy of that prison notice was sent to me as it happened to be about the article Whistle Blower Without a Whistle that I’d written for The Prison Handbook 2016 that the IMB Garth Chair was pin-pointing, (accusing me of a “rant” whilst both his prison notice and covering letter were dripping with distain).

I’m still standing by all I said in my Whistleblower article even though writing it has been at a high personal cost. In all candour, any pride I may have had in writing it has been completely sucked away from me. It’s back to the bare metal. The inconvenient truth of what I wrote remains. Readers will find that my main themes also feature prominently in the findings of the report by Karen Page Associates, commissioned by the MOJ at a cost to the taxpayer of £18,500.

An invite I received from Brian Guthrie to the forthcoming AGM of Association of Members of IMB says it all. It read:

“From the Chair Christopher Padfield
AMIMB – the immediate future
IMB needs a voice. We believe that without AMIMB this voice will not be heard. AMIMB intends to raise its voice, but needs the support of our members.
An outline plan for the immediate future of AMIMB will be put up for discussion at the forthcoming AGM (11 October 2016 at 2 Temple Place). It aims to respond both to the main needs and opportunities, and to the practicalities of the current situation.

The greatest need, as the executive committee of the AMIMB sees it, is to achieve a public voice for Independent Monitoring Boards – to let the British public know what we, as monitors, think about prison and immigration detention policy and practice in England and Wales and the impact this has on the men, women and children detained; to achieve some public recognition for the role of IMBs; in short to speak out about what we hear and see. We have urged the National Council to do this itself, but to no avail. In character, the NC propose as their contribution to the Parliamentary Justice Select Committee’s current consultation on Prison Reform, a response to a procedural question: ‘are existing mechanisms for … independent scrutiny of prisons fit for purpose?’ If the NC cannot or will not speak out, AMIMB should.”

Mr Padfield has served as IMB Chairman at HMP Bedford but to my knowledge has never been suspended pending investigation by the Prisons Minister like I was for speaking out on such things.

And therein lays the dilemma: whereas the official line is to encourage monitors to speak out, the reprisals levelled at you when you actually do are still shocking.

Is this what happens to women who use their voice?

People want you to get back in the box.
To shut up.
To go away.

The IMB doesn’t need a makeover; that would only hide most of the systemic problems behind filler and veneer. So rebranding clearly isn’t going to be the answer any more than putting lipstick on a pig.

People who think I want to abolish the IMB have totally misjudged me and the situation. I don’t want to abolish it. Far from it. I want the IMB to perform like it was set up to under OPCAT and to be all it should be as part of our NPM.

The clue is in the name: Independent. Monitoring. Board.

Have you noticed that the MOJ is haemorrhaging people at the moment?

Maybe Liz Truss could use that as an opportunity to enlist the help of those who do give a damn about the conditions in which people are held in custody and who do have a clue about strategies to stem radicalisation in prison, minimise violence, reduce prison over population, have the right staff and staffing levels, reduce death in custody, counter drones and drug misuse, revitalise education and purposeful activity, and last but not least, resettle and house people after their time in custody.
Join the conversation on Twitter @fmspear @trussliz @CommonsJustice #prisons #reform #IMB #AMIMB #SpeakUp

 

First published 17 Sept 2016.

Edited 18 Sept 2016.

~

More chance of finding a PokemonGO than finding transparency at IMB and MOJ ?

Yesterday, Friday 15 July, I was emailed by Saffron Clackson, Head of the IMB Secretariat with a letter from her to me explaining my right to information under two separate requests: the Data Protection Act 1998 (DPA) and the Freedom of Information Act 2000 (FOIA). She explained what was being made available to me today was under the Data Protection Act.

Attached were 4 separate pdfs containing the “submission” by her department, the IMB Secretariat, to the Prisons Minister Andrew Selous, subject: Conduct of Chair at Hollesley Bay IMB, which resulted in Mr Selous signing a letter (dated 26 May 2016) to suspend me as Chair of IMB Hollesley Bay pending investigation.

Initially I felt encouraged by this trickle of information after my countless requests for it. That was until I opened each pdf in turn only to discover HEAVILY REDACTED pages.

DOWNLOAD THE COMBINED PDF Faith Spear DPA response 15 July 2016 pp.1-4

 

I have little commentary to make at this time other than to say that I’ve been kept waiting six weeks for this. It could have been made available in under 48 hours unredacted.

Those who have been following this situation will appreciate how pathetic a response this truly is. Barristers may take a different view.

Those unfamiliar with this situation will find all this equally bizarre.

What possible use can be made of documents such as these which have been, at the taxpayer’s expense, so heavily redacted by expensive lawyers working as salaried civil servants at the MOJ.

At a time when our prisons are under so many challenges, why on earth don’t they reinstate Faith Spear and let her get back to her work as a monitor whilst all this gets sorted out?

Tend to agree. I do want to be reinstated. I’ve said so several times. Based on my direct experience, Hollesley Bay is very likely not being properly monitored at this time. The next Board meeting is scheduled to take place next Tuesday, 19 July but it currently hasn’t sufficient numbers of inducted and trained Board members to even make a quorum let alone to chair a Board meeting.

I wrote to Dr Thérèse Coffey, MP for Suffolk Coastal (in whose constituency Hollesley Bay is located) about these serious concerns; she’s been kind enough to acknowledge and to suggest I next contact my own MP.

Smokescreen

For me, being sent heavily redacted pages simply represents yet another example of how the MOJ play for time and try to grind you down in the hope you will shut up, lose interest and go away.

And because I’ve learned the MOJ is logging all my social media content, please note, for the record, I have absolutely no intention of shutting up, of losing interest or of going away.

The suspension, obstructions and kerfuffle serves as a very convenient smokescreen for the IMB Secret-ariat (sic), trying desperately to insulate itself from the critique I included in my article “Whistleblower Without a Whistle” published in The Prisons Handbook 2016.

As for the MOJ, it has totally lost sight of the issues I raised in that article because the Secretariat has done such an neat little stitch-up job on me and had obviously bamboozled the Prisons Minister into “shooting the messenger”; I doubt very much he even knows my name let alone why he suspended me from HBIMB.

Honey, I’ve shrunk the facts

Turning to the heavily redacted pages, I can just about recognise the words from my past colleagues at HBIMB whose venom towards me knows no bounds. For example, on the the top of page 3 it states:

“Overall, there are reasonable grounds to suspect that Faith may have committed “gross misconduct” according IMB complaints policy.”

Really, what do they hope to gain in claiming that? Could it be they wanted to deflect the public’s attention and the press’ scrutiny away from their own dishonesty?

Most of them resigned soon afterwards anyway, thinking that in so doing they would be absolving themselves of responsibility for their own complicity whilst in public office.

That’s where any gross misconduct is to be found, right there.

Unlike them, I have done nothing wrong, and certainly did nothing wrong in writing that Whistleblower article; the MOJ conceded that much to the editor of The Prisons Handbook 2016, Mark Leech (@prisonsorguk), in their response to a FOIA request he submitted off his own back.

Bullying

It is very clear now to everyone that neither the IMB Secretariat nor the MOJ takes workplace bullying seriously enough, or at all.

I still haven’t been sent the unredacted report written by MOJ investigator Sandra Marcantonio to the IMB Secretariat.

And I still haven’t been advised of  the deliberations of the panel appointed to decide on that report, or the date they meet, or what their names are.

Is it because they feel that I don’t count or I’m not important? Or is it because they don’t want to recognise that workplace bullying occurred for fear of setting a precedent and opening the floodgates to other complaints?

Either way, bullying in prison remains a big issue. A really big issue.

Remember, the bullying I encountered on 19th April 2016 took place inside a prison, in HMP & YOI Hollesley Bay, at an IMB Board Meeting.

Oh and whilst we’re on that subject, unlike every board meeting I chaired, nobody can find any minutes of that meeting.

Independence Day?

Nigel Newcomen CBE, the Prisons and Probations Ombudsman, is well aware of who I am and needs no prompting. On 05 July after he gave oral evidence [watch] to the Justice Select Committee, he spoke with me about a meeting he had with John Thornhill, President of IMB, back in February 2016 questioning whether the IMB monitors if recommendations from the Ombudsman are being followed by prisons (refer to Official record, Q62 from Marie Rimmer MP).

He said he has even perceived a lack of independence in his own department (Official record, Q87 from Chris Elmore MP), underlining once again in my opinion that perhaps the biggest issue confronting the in-coming Secretary of State for Justice, Elizabeth Truss (@trussliz), is that the MOJ has everyone involved in prisons in a tight headlock, resisting reforms.

So what hope do I have of changing anything, or of being reinstated, or of my call for prisons reform even being heard?

Watch this space.

The situation continues.

 

Photo: Ministry of Justice MOJ 102 Petty France by Steph Gray via flickr

Pokémon Go is a free-to-play location-based augmented reality mobile game developed by Niantic and published by The Pokémon Company. It was released in July 2016 for iOS and Android devices.

~