May 2009 Issue 96 INDEPENDENT MONIT OR THE ASSOCIATION OF MEMBERS OF INDEPENDENT MONITORING BOARDS

Crime and nourishment • Segregation and applications Prison officers • Clustering • Appropriate adults EDITORIAL CONTENTS

rison officers: are they our allies as IMB members? Or are they News • page 3 part of the repression that IMBs challenge? Their interests Crime and nourishment • page 4 nationally can chime with ours. The POA general secretary, Bernard Gesch Brian Caton, argued in these pages last August that the Prison Bullying on boards • page 5 SPervice should provide more of the sort of services that help rehabilitate Appropriate adults • page 6 prisoners. POA chair, Colin Moses, frequently criticises government Elisabeth Pritchard policy: recently he accused them of clustering prisons simply to save Prison officers under the microscope • page 8 money, with no heed to the damage it might cause. He blamed overcrowding for the recent disturbance at Ashwell jail. The POA is Alison Liebling against more privatisation of prisons (more controversial with IMBs). Learning from deaths in custody • page 10 These are public statements, of course, and they certainly have Stephen Shaw something to do with job protection. What about life on the landings? IRC conference • page 11 How similar are the interests of officers and IMB members? Some IMB Helen Boothman members are quite protective, both of the prisons where they volunteer Segregation monitoring • page 12 and of the governors and staff who run them. References to ‘our prison’ Lesley Harvey perhaps betray an over-identification with the achievements of the Criminal Justice Alliance • page14 establishment. It is commonly held that it’s important for IMBs to have a good, constructive relationship with prison staff. It certainly helps in Jon Collins many ways, but must not exclude robust challenges or even falling out. CLINKS • page 15 Some IMB members are very willing to take on grievances raised by Angela Clay officers.Yet the IMB brief is clear: our prime responsibility is to prisoners; Obituary: Bill Brown and Norman Simpson • page 16 staff problems become our concern only if they impinge on prisoners’ Maggie Pringle, Brenda Upton welfare. Of course they very often do, and a happy officer is more likely AMIMB training visits • page 17 to be a humane one. David Atkinson Do the officers reciprocate our concern for their welfare? It’s hard to be Applications • page 18 sure, of course, just as it’s hard to know how they are with prisoners Michael Sheldon when we’re not around. It must be strange for them, doing their job, and suddenly a comparative stranger walks in on them. Some officers deal Letters • page 19 with this necessary tension better than others (just as some IMB members HMCIP reports • page 20 are more sensitive to the dynamic than others). And certainly, like us, Helen Banks they’re a mixed bag. Evidence given to the Justice Select Committee Prison healthcare • page 21 suggested that there were prison officers who could barely write. Trish Phillips Attempts to impose a minimum entry requirement of a GCSE had failed. IMB appointments • page 22 Training is short; the army still effectively provides the training for some Nigel Mulcaster officers. Yet the role becomes if anything more demanding, with more complicated sentences and courses on offending behaviour. Clustering HMP Isle of Wight • page 23 Page 8 has more on this subject, including some fascinating insights Richard Gully into the differences between working life in public and private prisons. N Ireland IMB conference • page 23 We will see many more private prisons, unless things change Mike Watson dramatically. More challenging, perhaps, we may see attempts to Last word • page 24 privatise public prisons. The POA will resist it, there could be industrial action – as in France – but IMB members may have to learn new skills in Photographs on pages 1, 8 and 18 by Louise O’Gorman negotiating the tricky path between co-operation and challenge. www.louiseogorman.com

Association of Members of Independent Monitoring Boards • amimb.org.uk Registered charity number 293384 Membership of AMIMB is open to serving members of IMBs in prisons and Independent Monitor Editor immigration removal centres in England and Wales. AMIMB represents Brian Guthrie (Norwich) board members by presenting their views wherever they need to be known. Field House, Thrandeston, Diss, Norfolk IP21 4BU AMIMB campaigns for change, both through its own efforts and by liaising Phone 01379 783678 with other groups, including via the Penal Affairs Consortium. Membership Email [email protected] of AMIMB allows board members to have a say in the direction of boards and Other executive committee members penal policy generally. Associate membership is open to anyone interested in David Atkinson (Dovegate) [email protected] penal affairs. Margaret Carter (Glen Parva) [email protected] The annual subscription of £20 should be paid to the Treasurer. Angela Clay (East Sutton Park) [email protected] Patron Lord Phillips, Senior Law Lord Susan Dyas (Hull) [email protected] President Baroness Vivien Stern Don Granger (Hull) [email protected] Jackie Haigh, secretary (Frankland) [email protected] Chair Helen Boothman (Littlehey) Patricia Kanter (Holloway) [email protected] Buckley House, Thicket Road, Houghton, Cambs PE28 2BQ Stephen Nicholas (Chelmsford) [email protected] Phone 01480 466588 Anna Thomas-Betts (Colnbrook) [email protected] Email [email protected] Michael Watson (Preston) [email protected] Treasurer Jenny Budgell (Ashfield) Natural Numbers Ltd, Syms Yard, Chippenham, Wiltshire SN14 6LH Views expressed in the Independent Monitor are not necessarily those of AMIMB Phone 01249 660035 Designed by BCPublications, and printed by Micropress Printers Ltd, Suffolk Email [email protected] ISSN 1746–1197

2 Independent Monitor • May 2009 NEWS

High security prisons criticised Finland shows for failing prisoners the way Finland has one of the lowest rates of An academic study of high security pris - long prison sentences affected prisoners’ imprisonment in the world and is the ons has concluded that they remain large - perceptions of quality of life and made focus for some of the recent research ly repressive and not constructive. their prison time ‘worse’. into what social, political and cultural Deborah Drake of Cambridge University Current penal policy in the UK is factors characterise countries with a spent over six months interviewing increasingly punitive and the use of lower use of imprisonment. A recent scores of staff and prisoners at Full Sutton prison sentences and their increasing Prison Policy Study Group meeting and Whitemoor. She also observed prison length means that it is now more impor - was addressed by by Tapio Lappi- activities. tant than ever (eg in view of the European Seppala, Director of the National Among the main findings were that: Convention on Human Rights) to keep a Research Institute of Legal Policy in • history played an important role in close watch on the conditions in which Finland, and AMIMB was invited. shaping the two prisons studied – things prisoners are spending these sentences. During the early 1960s Finland took like escapes, disturbances The research reveals the stark conditions stock: it used prison more than other • the design of a prison can have a strong of British maximum-security prisons and Scandinavian countries. With a clear impact on culture and the quality of questions the effect of this approach on political will, law reforms were intro - prison life for both staff and prisoners prisoners, including the prospects of their duced to reduce the prison population. • recognition of the pains of long-term future successful reintegration back into Since then the number of prisoners has imprisonment had been either forgotten society. been decreasing and now stands at a or disregarded ‘Staff did not want to come to work. They total of 3,500. They are housed in 30 • high-security prisons had become would drive in to work, get ill in the parking prisons, the largest holding 350 people repressive environments – outweighing lot, return home and call in sick.’ and the smaller ones 30-50 people. No rehabilitation ‘There’s a lot of the zoo about the way peo - young people under 18 years old are • the emphasis on legitimacy in maxi - ple are processed in prisons. And that is per - in prison and it would be unconstitu - mum-security prisons had waned haps one of the worst aspects of being in tional for the private sector to run a jail. • as a consequence, and in contrast to prison, the zookeeper attitude and being a (Tapio Lappi-Seppala thought the pri - earlier research findings, the prison expe - commodity. You can give a decent room, a vate lobby is one factor leading to the rience of vulnerable prisoners did not dif - decent cage, and put a telly in there and half prison increase in America and can fer substantially from the experience of decent food and clothing, but at the end of the cause an ‘open road to escalation’.) mainstream prisoners day, you need more than that...you need to feel Sentences in England and Wales are • high levels of security and/or very like a human being.’ double those in Finland. Tapio Lappi-Seppala’s research suggests that there is no correlation between the level of imprisonment Prisons rating update and the overall level of crime, (this is very evident in the US, where crime The latest MoJ prison performance rat - the top flight are Blundeston and Leyhill. has reduced but the level of imprison - ings show quite a bit of movement. Five (The others in that premiere league are ment has significantly increased). prisons have dropped from ‘good’ (rating Askham Grange, Castington, Dorchester, There are factors that do show correla - 3) to ‘requiring development’ (rating 2) – Eastwood Park, Everthorpe, Hull, tion and promote penal moderation. Albany, Bristol, Dartmoor, Forest Bank Kingston, Littlehey, Manchester, Morton • Countries that have high invest - and Lewes. That’s as low as it gets, as Hall, Sudbury, Swinfen Hall, Wayland ments in social welfare have fewer there are no prisons rated 1 (‘serious con - and Wetherby.) Climbing from rating prisoners. cerns’). The other prisons rated 2 are 2 to 3 are Buckley Hall, Camp Hill, • Perceived high income differences Acklington, Birmingham, Brixton, Coldingley, Foston Hall, New Hall and in society go together with increased Deerbolt, Kennet, Leeds, Lincoln, Onley, Stoke Heath. prisoner rates. Pentonville, Risley, Rye Hill and How realistic is all this? Hard to know, • Countries that have a high social, Wellingborough. (There must be some - when set against inspectorate and IMB institutional and political trust are also thing special about Birmingham and reports, and knowing how arbitrary tar - associated with lower prisoner rates. Wellingborough as they have been fin - gets can be. A complicating factor is that It is hard to see any encouragement gered as candidates for privatisation.) the ratings for private prisons do not for the UK in this, as recent official fig - Six have been knocked off their ‘excep - include the weighted score card that pub - ures show that financial inequality tional’ perches (rating 4) to become mere - lic prisons have. According to Sheila here is starker than it has been since the ly ‘good’ – Altcourse, Downview, Full Royle of Altcourse IMB, this traditionally 1960s. And as for trust: what does our Sutton, Gloucester, Kirklevington and high-performing private prison did not obsession with CCTV, ID cards, moni - Wolds. deserve relegation. Some problem with toring emails and internet usage and What about improvements? Only MDT targets; Michael Spurr, Noms Chief so on tell us? eight have achieved promotion. Joining Operating Officer is looking into it.

Independent Monitor • May 2009 3 RESEARCH

Crime and nourishment

The link between diet and criminal behaviour is explored by Bernard Gesch , a senior research scientist in Oxford University’s Department of Physiology. He is also the director of the charity, Natural Justice

The suggestion that diet may affect nutrients were reinstated. On a random behaviour is not new. During the early basis, where neither the volunteers, nineteenth century the prevailing think - prison staff nor researchers in the prison ing was that criminal justice best served knew who was getting which type, deterrence with the gallows; failing that, 231volunteers were given either placebo imprisonment with hard labour, seclu - or real capsules containing broadly the sion and a minimal diet. The reformers’ daily requirements of vitamins, minerals movement – John Howard, Jeremy and essential fatty acids. Those who had Bentham and Quakers such as Elizabeth the extra nutrients committed an average Fry – rejected the violence of the gallows. of 26% fewer offences. Those consuming The Quakers in particular advocated a real supplements for at least two weeks informed interest in what they eat. need to restore the criminal by rebuilding committed 37% fewer of the most serious How we interact with food is likely to of the man, spiritually, morally and phys - offences, such as violence, whereas those be a complex function of choice, family, ically. In 1818 they established the Society taking placebos showed no real evidence peer-group, physical activity, economics, for the Improvement of Prison Discipline. of change in their propensity to offend. food distribution, and physiology. Hence Within 20 years this was the most influ - Here was evidence of change that could there needs to be some caution using ential group within UK prison reform. In not be explained by ethnic or social fac - focus groups to determine what the pris - 1821 they advocated the importance of tors, or variations in the administration of oners want to eat, since there appears to cleanliness, religious instruction, ade - governor reports etc. be emerging evidence of addictive com - quate nutrition and classification.They ponents in modern diets. faced criticisms of mollycoddling prison - Next steps With this in mind we analysed the ers and subsequently emphasised the A report of the Aylesbury findings was sugar and fat composition of the current need for discipline and constructive agreed with the Home Office in canteen list. Foods from the canteen are labour. December 1998. To date the Dutch is the still high in fat, salt and sugar – likely to The link with diet has been revisited only government to take up the approach, undermine the nutritional value of the regularly, with increasing sophistication. but others are now showing interest. We diets consumed by prisoners, and In 1983, a study of 3,000 imprisoned juve - are currently working on a much larger increase disciplinary problems.Why are niles was conducted in California: the study of 1,000 prisoners, which will be such foods so freely available? regular diet of refined and sugary foods, conducted in Hindley, Lancaster Farms Improving prison nutrition is a posi - snack foods and drinks was replaced with and Polmont YOIs. tive approach and should complement unsweetened fruit juices and popcorn. It what is already there by providing a con - was reported that there were 21% fewer Rethinking prison food structive platform for offender behaviour serious antisocial acts over a 12-month One of the most intriguing aspects of our programmes to work better.The catering period, 25% reduction in assaults, 75% research is that the prisoners already had facilities are already in place to roll this reduction in use of restraints and 100% three meals a day and despite making out. There are already success stories such reduction in suicides. poor food choices, their diets were possi - as Al Crisci who received a prestigious bly better than those consumed by many BBC award for the excellence of his cater - Our research young men of the same age in the com - ing at High Down prison. These could Natural Justice, with the cooperation of munity. Yet the improvement in behav - readily be championed by the Prison the Home Office, conducted an empirical iour from boosting prisoners’ diets was Service as an example of what is possible study to test whether poor nutrition is a remarkable. with catering alone. cause of antisocial behaviour. This The focus of current prison diets seems Nutrition is a meeting point of the required a rigorous experimental design to be based around providing a range of physical and social worlds: the hardware and was undertaken at Aylesbury Young choices at a minimal cost. Some of the par - and software of life so to speak, where Offenders Institute (YOI). We found that ticipants had not heard of vitamins, let both are required for social behaviour. the prisoners made poor food choices alone knew which foods contained them. The dietary approach to behaviour is sim - which resulted in many of them consum - They were not equipped to make healthy ple, humane and evidently highly effec - ing diets that fell below government stan - food choices. This raises the need for the tive. It complements existing offender dards. We wanted to find out what hap - dietary education of prisoners, which programmes. It is likely to be highly cost pened to their behaviour when vital would empower them to take a more efficient and the only risk is better health.

4 Independent Monitor • May 2009 BOARD POLITICS

reference of the review. Bullying on boards I then heard nothing until I again reminded the Secretariat. Their replies were oblique, but it seemed a review had taken place, and was on the point of going up to the minister. This process took sev - eral weeks. The last two Monitors have carried disturbing articles from an IMB The review arrives member complaining of psychopathic behaviour and bullying on IMBs. Out of the blue, a skimpy copy of the The theme is explored further here, by another anonymous author review (which was itself skimpy) arrived in the post in mid-November 2008. The I joined the IMB in the autumn of 2006 rushed to fit in with social events and board had apparently been allowed to and resigned less than a year later. Four were not properly minuted. So there was alter parts of it. I had not been shown the other new members joined with me, of no improvement in performance and no terms of reference, interviewed by the whom two resigned before I did. Another prospect of it. Then we were told that the reviewers or given any chance to com - resigned after I did, but was persuaded to new chair would be the current vice-chair, ment or record dissent. The reviewers had stay on. We were not at any time made who was already booked on the new recorded wholesale what they had been aware of any practice or procedure on chairs’ course. So much for democracy! It told without questioning or testing it in bullying. The first I knew of it was when was at this point, with no prospect of rais - any way. The tutors could not avoid I read the recent Monitor article. Neither ing standards, that I decided I could no agreeing with most of part 1 of my report, were the new members aware of the long longer give my name to the outfit. I there - but went along with the personal attack history of turbulence, feuding and nasti - fore resigned with a heavy heart in on me, a person they had not interviewed ness at this particular IMB. August 2007. or even met. The allegations were mainly silly and could easily have been refuted. How it started Official complaints The review did not even have page or It very quickly became apparent that the I immediately wrote a report to the min - paragraph numbers. No evidence or rea - IMB was chaotic and performing poorly ister and to all board members. Part 1 soning was given for its conclusions. where it was performing at all. To give dealt with the poor service and practice, Though I could challenge it – and have one of many examples, responses to part 2 with the board’s internal practice told the Secretariat so – I have not done applications were skimpy and partisan (‘I and the attempted bullying. The so. I have asked that a copy of a detailed suggest you behave yourself’ said one.) Secretariat, having read it, wrote to the refutation of its contents that I prepared One unresolved application by a segre - chair, who replied late in November 2007, subsequent to the review be kept with it. gated prisoner was just torn up in the ignoring most of the points and issuing a There is apparently to be another visit presence of prison officers. brief denial of the other ones. I was not to the IMB by the tutors, and I have made The attempted bullying of myself kept in touch with what was happening, it clear that I or my representative must started as early as January 2007, when I but the Secretariat decided that national be told of any further allegations made was berated privately for having hepati - trainers (tutors) should visit the IMB. against me so I can respond. The tis B jabs (on my doctor’s recommenda - The new chair then stalled matters by Secretariat do not appear to understand tion). ‘We don’t bother with those’ – I was asking for a private meeting with the even the basics of administrative law or told by the chair and vice-chair; I would head of the Secretariat, who agreed. I had to have a proper procedure for dealing not get them paid for. I was shouted at my doubts about the propriety of such a with these cases. I was appalled to see the and abused about this and other matters meeting. It was also a perfect opportuni - volume of them. After a life spent in liti - at a board meeting. ty to discredit me without my knowing gation and also in frontline voluntary The board were recruited almost anything about it. The tutors were appar - work, I am probably less damaged by this entirely of people from the same narrow ently not going to visit first. than a younger, less experienced or more social circle. As a qualified outsider, they In May 2008, I emailed the Secretariat vulnerable person might be, but it is quite wanted me out. I am a barrister and an ill- pointing out that nothing whatever had wrong. I have told the Secretariat that health retired civil servant with 40-odd been done so far as I was aware. The per - under no circumstances will I consider years on boards, working in prisons, legal son responsible in the Secretariat had government-based volunteering again, clinics, advice centres, charities etc. Of been on sick leave for several months. nor can I recommend IMBs as a suitable course this didn’t mean I needed no IMB Before that, arrangements had been made place for former colleagues. A shame! training, but it might explain why I was for the tutors to contact the IMB chair to attacked in this way. I was very surprised arrange the review visit. Nothing had Improvements nevertheless indeed by what happened and did speak been done. I was told that the chair kept More pleasingly, improvements in board to the Secretariat about it. The Secretariat cancelling the private meeting with the practice and procedure were reported. were supportive and encouraged me to Secretariat head, which, so far as I am The board was developing and training stay on the IMB and try and ride it out. aware, never took place. The tutors were improving. I knew things were better Things got worse. Board meetings now not available until July 2008. I point - because more than one board member were a total muddle and venomous. Any ed out that I should, as a matter of natu - had contacted me privately since I idea of change or improvement was ral justice, be given an opportunity to resigned to say my report had had a good slapped down with a simple and comment on any allegations then made effect and caused changes in both practice unadorned negative. Meetings were against me. I was not shown the terms of and attitude – and I was thanked.

Independent Monitor • May 2009 5 MONITORS

support. It is committed to increasing the Appropriate adults coverage of effective appropriate adult services in England and Wales and works with the Home Office, Youth Justice Board and others to influence policy and legislation that has an impact on young people and vulnerable adults in custody. Although NAAN receives funding from Elisabeth by parents, other relatives or social work - the Home Office, it is an independent Pritchard , chief ers. However, in many cases relatives or organisation with its own voice on appro - social workers were not easily available. priate adult issues. executive of the Increasingly the police had to rely on oth - It is crucial for appropriate adults to be National ers, sometimes just people literally clear about both the extent and the limi - brought in off the streets. Given the tations of the role. They are not expected Appropriate importance of the appropriate adult role to act simply as an observer. They must Adult Network – ‘to advise, observe and facilitate com - ensure that the person being questioned munication’ – this was clearly not satis - understands their rights and that the on safeguarding factory either for the detainee or the police treat them according to the rules. In vulnerable police. NAAN’s view, one of their key responsi - The Crime and Disorder Act (1998) bilities is to ensure that suspects exercise people in police established Youth Offending Teams their right to free legal advice. The appro - custody (YOTs) and gave them statutory respon - priate adult has the right to request legal sibility for the provision of appropriate advice even when the detainee has not The Police and Criminal Evidence Act adult services for juveniles when parents requested this. 1984 (PACE) introduced the role of the or other carers were unavailable. They ‘appropriate adult’ in the criminal justice can do this directly, using paid staff or Changes system. This was one of a number of pro - volunteers, or they can commission In 2008 the Home Office undertook a con - visions in the Act aimed at protecting vul - another organisation (from the voluntary sultation about a planned major review of nerable suspects in police custody. In the or private sector) to do the work on their PACE. The review proposed a number of 1960s and 70s there had been several behalf. While either system can work significant changes for appropriate high-profile miscarriages of justice where well, there seems to be currently no sanc - adults. NAAN welcomes the proposal to what later turned out to be patently false tion for the minority of YOTs which fail to correct the current anomalous position confessions were obtained from vulnera - fulfil their statutory obligations, particu - whereby 17 year olds are treated as adults ble suspects. larly out of hours. under PACE but as children under almost The PACE Codes of Practice state that The situation for vulnerable adults is all other legislation. Under the new pro - all juveniles (under the age of 17) and vul - more complex as there is still no statuto - posals 17 year olds would gain the auto - nerable adults must have an appropriate ry authority with responsibility for ensur - matic right to the support of an appropri - adult with them when being questioned ing that a service is provided. Some local ate adult. by the police in custody. With juveniles, authorities manage in-house volunteer Other proposals in the review are more this can be the parent, guardian or, if the schemes. Others contract out the service problematic. For example, NAAN sup - juvenile is in local authority or voluntary to the voluntary sector. Many, however, ports the proposal to give responsibility organisation care, a person representing provide no specific service and rely on the for providing appropriate adult for vul - that authority or organisation. Or it can be police contacting the Emergency Duty nerable detainees to a statutory body. But a social worker of a local authority; fail - Team or using other informal arrange - we disagree with the Home Office about ing that, any responsible person aged 18 ments, which can result in very long which body that should be. The Home or over who is not a police officer or delays. Office has suggested police authorities; employed by the police. Over recent years an informal network NAAN believes it should be local author - For detainees who are identified as of people running volunteer appropriate ities. Perceived as well as actual inde - mentally disordered or mentally vulnera - adult services developed to share good pendence from the police is crucial. ble, the appropriate adult can be a rela - practice and discuss common issues and The review proposes a possible exten - tive, guardian or other person responsible concerns. In 2004 this network became a sion of the appropriate adult role beyond for their care or custody. Or it can be charity – The National Appropriate Adult police custody, to the courts for example. someone experienced in dealing with Network (NAAN). In 2008 we had almost NAAN agrees that vulnerable suspects mentally disordered or mentally vulnera - 100 members, the majority of which were need support throughout the criminal ble people but who is not a police officer organisations providing appropriate justice process. We remain to be con - or employed by the police. Failing these adult services. vinced that extending the appropriate two, it can be some other responsible per - adult role is the best way to provide that son aged 18 or over who is not a police What NAAN does support. officer or employed by the police. The role of NAAN is to help its members Most controversially, the review pro - provide high-quality services through the poses restricting the appropriate adult Who does it in practice? development and implementation of our role to those who have been trained. It was envisaged that the appropriate national standards, and the provision of While this would stop the practice of adult role would usually be undertaken training, networking opportunities and bringing people off the street to do it, it

6 Independent Monitor • May 2009 would also stop parents and other rela - tives taking it on. This would have a major impact on the rights and responsi - bilities of parents, though it would prob - ably result in detainees getting a more effective service. However the cost and resource implications of such a change are massive and thus this proposal is unlike - ly to be feasible in the current economic climate. Finally, the review proposes closer col - laboration between national bodies sup - porting what it calls ‘community engage - ment in custody’. It is unclear exactly what is meant by that. NAAN is keen to collaborate with other national bodies with shared values and concerns. We have recently worked collaboratively on policy and legislative issues with organi - sations as diverse as the Law Society, Prison Reform Trust and the Children’s Legal Centre. We clearly have some areas of shared interest and concern with both independ - ent custody visitors and independent monitors. Although the appropriate adult role is different, and can be undertaken by a paid worker or by a volunteer, we share an interest in the rights and treatment of vulnerable people in detention. Some of the detainees who were, or who should have been, supported by appropriate adults will come into contact with inde - pendent monitors later. Finally, I would be concerned at any moves, from government or elsewhere that could reduce NAAN’s independence A typical callout or hamper our ability to speak out on issues affecting vulnerable detainees, Sheila volunteers for her local Youth Offending Term (YOT) and is on the rota every such as the recent changes to the criminal Friday afternoon. She is called into the police station to see Kevin, aged 15, who legal aid service. NAAN has a responsi - has been arrested for the alleged theft of a woman’s handbag at a bus stop. His bility to be a voice not only for our mem - parents are unavailable. bers, but at times for the vulnerable peo - On arrival Sheila meets Kevin and introduces herself. She asks Kevin if he wants ple they support. a solicitor and Kevin says no because he does not want to wait. Sheila suggests that www.appropriateadult.org.uk it would be better if he had legal help and says that she would be happy to wait with him till the solicitor arrives. Kevin agrees and a solicitor is called. While they are waiting Sheila checks if Kevin has had anything to eat or drink and also whether Association of Independent he is on any medication. She stays with him while fingerprints and DNA samples Monitors? are taken. Once the solicitor arrives and has spoken to Kevin in private, the interview In February this year AMIMB begins. Kevin seems confused by the caution, and Sheila asks the officer to repeat organised what might be an historic it in simpler terms. Half way through the interview she intervenes again and asks meeting. Monitors of prisons and for a break as Kevin is becoming very agitated. He calms down and the interview IRCs met with appropriate adults, continues. At the end, the police tell Kevin that they will be discussing his case monitors of court cells and prison with the Crown Prosecution Service before making a decision about whether to transport (lay observers – see March charge him. 2008 Monitor) and police cells The solicitor leaves, but Sheila waits with Kevin for nearly an hour. Finally, the (custody visitors – see August 2008). police are ready to charge Kevin. Sheila makes sure he understands the process, Discussions focused on common and the importance of his turning up in court on the due date. Failure to do so interests and possible collaboration. would be an offence. Another meeting has been arranged; Finally Sheila leaves after more than four hours at the station. more monitors will be drawn in.

Independent Monitor • May 2009 7 PARLIAMENT

Prison officers under the microscope

In March, know it is a cliché but what governors Isay is if managers do not manage there Criminology is a gap and the POA tend to fill that gap, Professor Alison so I think local conditions tend to mediate between the role of the POA and Liebling gave implementing change. You will know evidence on the already, I am sure, that it is a characteristic of a very difficult, poor performing prison role of prisons that they tend to have a very strong POA.’ officers to the parliamentary rivate sector officers trust their senior Pmanagers more, they tend to be more Justice Select Committee. committed to the company, they are not These extracts are an insight kind of anti upwards, they look as if they have very good relationships with into her research, including a prisoners but with a bit more long-term study comparing investigation we discovered they have more punitive attitudes than officers in e cannot help as a team observing private and public prisons the public sector but are more vulnerable Wthat the right place to be would as employees, so it is quite complicated. probably be closer to the public sector, he population has changed, and just a little bit higher but not as close as Tprison sentences are more he difference in behaviour is that in the private sector. It is not just to do with complicated, so what prisoners need Tthe private sector so far, because the pay and conditions; it is to do with I think from prison officers has become much staff are inexperienced and less well- quite low staffing levels and the demands more demanding, so the knowledge base trained, they tend to struggle a bit more of the job, that it is really difficult work of prison officers is getting a bit out of than staff in the public sector with using and it does not suit everyone, and date. There is also, as you know, private their authority, so what they do is tend to probably people try it because they are sector competition which means there are stand back from prisoners quite a lot and looking for a job and they are much less experiments with how low you can set then sometimes jump forward, so they committed to a career in the Prison the threshold for staff numbers, pay, are a bit erratic and they can get it wrong Service. remuneration, those sorts of things. So in at both ends of the spectrum sometimes, lots of ways the role has become more and we see that. In the public sector staff eople tend to end up in the private demanding, power has shifted upwards are much more confident; they can Psector because a prison opens in their so managers manage staff much more overuse their authority, but when they get area and they have lost their job, and they closely, there are targets and performance it right it looks very different. It is based need a job and they think “Here is a job”, indicators, there is more transparency on experience and it is a quite subtle, it is an accident, whereas in the public about the performance of a prison, so I peace-keeping, informal use of their sector people often think about joining think prison officers feel more closely authority that is very professional. the Prison Service, it is a long-term monitored, visible, to external commitment and it is a bit more management. ecause there is about a 30% turnover, I vocational. The relationship with the job Bthink, in the private sector and a lot of is quite different. he problem, however, is the culture leaving the job, what you end up with Tseems to arise as an adaptation to the after four or five years are officers who his is controversial, but we asked demands of the work, so it is almost like a really want to stay in the job, whereas in Tprison officers what their relationship defence for staff, they do become cynical, the public sector, because there is a much is with the Prison Officers’ Association, anti management, sometimes they do not lower turnover and a lot of people stay and they all join for legal protection. Most like prisoners, but that often happens for because they cannot find alternative, or officers are not political; they just want to reasons you can almost identify in a would not be able to find alternative, do a good job. I do not think there is particular establishment. employment, there is a bit more of a always a good fit between the POA being dropping off of that kind of enthusiasm vociferous and what the general prison f staff do not feel supported by their we have found over time in the public officer feels. Isenior management team then I think sector. So we are finding that there are they turn to each other, and that can some quite interesting subtle differences e have the shortest training, I think, sometimes be very constructive but if it between the public and private sector and Win any western European country reaches a certain threshold it becomes they are related to how the two for our prison officers and it has been very negative. organisations employ their staff. getting shorter over the years and is even

8 Independent Monitor • May 2009 experiment. The sectors have really clearly identifiable strengths and weaknesses.

he positive things are that they can Tpromote people, reward them, they are flexible, they can be innovative, they can try things out, they can change direction, they have new buildings to work in, they can sack staff who are not performing – they are much more performance-orientated and self-critical and aware of their performance, there are lots of problems with the inexperience, but when they get it right – for example, we have just come out of Lowdham Grange, which has a very dynamic young senior management team who seem to be doing a really good job, and prisoners talk very positively about the help they receive with their sentences and they are much less frustrated than in some other establishments, but they do things that are slightly controversial, like prisoners shorter in the private sector, and I think years and then suddenly, about four years have telephone access in their cells, and that is a major problem, but the Prison after our various attempts to measure it, it the prisoners could not stop talking about Service did experiment with requiring O looked like there was finally a shift, and it. It reduces assaults, it reduces suicide levels or GCSEs a few years ago, it might we were talking amongst ourselves about rates, the private sector are campaigning be quite a lot of years ago now, and they how there were some highly skilled to keep this going, and yet the public just had to drop the requirement because managers in that establishment trying sector cannot do that, and it just feels like the number of applicants dried up. really hard and everybody was focused everybody is motivated to make the on the same endgame, but nothing institution work. e did an analysis of 49 prisons happened. We have seen it in other Wtrying to test whether there was prisons too. It was almost that you had to n Category B establishments where discrimination and whether that was extinguish negative behaviours before Ithere are a lot of IPP prisoners, they are related to the number of minority staff you could start trying to introduce complicated sentences and prisoners employed in each establishment, and we positive ones, and it was a really long and have to get on the right sorts of found that culture outweighed the colour complicated process. programmes to make progress and get of staff skin. I am thinking of particular out, and they express considerable prisons now in our results but if a prison he difference between the private and frustration about lack of expertise and had a really poor culture, minority Tpublic sector is that there are fewer knowledgeability among staff, so they get prisoners who felt discriminated against layers within the organisation, and staff very frustrated in private prisons. We were in a prison where most prisoners felt are more positive about their managers have even found in this study that their disrespected, so we concluded that and there is a better communication flow. definition of being treated with respect is feelings of discrimination were reflecting That has some disadvantages because it starting to incorporate “staff knowing general disrespect and that that was a means managers spend a lot of their time enough about my sentence to help me problem for everybody in that prison, on the wings filling in management gaps, make progress”, and that is new. Some and that it was not correlated with the but it does mean relationships are better prisoners prefer private prisons because numbers of minority staff. In fact, some and staff feel much more involved. They they feel they are treated more minority staff could adopt quite understand the agenda. respectfully; that is a really important unpleasant cultural attitudes. We found finding, that they like the staff. They often the same thing with gender, that being a hen private prisons were describe them as: “This is not a POA woman does not solve anything. If you Wintroduced there was a little phrase prison; they treat me well when I come in are in a really negative prison, the women in the legislation which I am sure said “as on reception into custody, they get lots of are as bad as the men are, if you see what I an experiment”, and it feels like it has things about interpersonal treatment mean. been an experiment in the organisation of really right”, but they do get frustrated prison work. I think there is a with sometimes a lack of safety and lack or example, Leeds prison was in a phenomenal number of lessons to be of knowledgeability. Prisoners in the Fstudy, we knew it had a very negative learned from this experiment. Both public sector get frustrated with bad culture, we have been watching it for sectors have significant strengths and attitudes of staff quite often, but they find years, and there have been some very weaknesses, and I think the service is the staff predictable and knowledgeable systematic attempts to improve the missing a trick not sitting down and and slightly less frustrating. They know culture. We saw no improvement for looking really carefully at this natural what to expect.

Independent Monitor • May 2009 9 OMBUDSMAN

the poison – from strychnine. Both deaths Learning from deaths raise questions about the effectiveness of searching techniques. Or take the prison death of a man I shall call Mr V. He had been undertaking in custody sex offender treatment programme (SOTP) work that he clearly found very stressful. His was the second death I have just a few short years ago when the then investigated where SOTP appears to have Director General of the Prison Service, been a trigger. It is a reminder that while Martin Narey, said that the reduction in SOTP is now a mainstream part of prison suicides was his number one priority. business, the impact of unpacking their Rather one escape than one suicide. From lives and crimes can be devastating on the number one to obscurity – has there been prisoners concerned. a more rapid decline since Gary Glitter A more familiar story is that of Mr Q. took his home computer to the menders? His reception screening was inadequate, Of course, I fully appreciate why a ‘tar - information about risk was not trans - get’ for the number of deaths always felt ferred to the prison and, for these and very uncomfortable. And I do not mean other reasons, he was not placed on an to suggest that the decent and humane open ACCT when, with hindsight, it is prison professionals at the head of the manifest that he should have been. Worse Prison Service have forgotten the impact still is the tale of Mr N. When he was that any death in custody has on staff, found hanging, the night patrol did not prisoners, bereaved relatives, and the rep - know his orders required him to enter the utation of the service at large. But with the cell. The communications officer in the appointment of the new and powerful control room did not understand what Stephen Shaw , Prisons and Directors of Offender Management the coded alert message meant. He also (Doms) – many of them with little or no did not know how to telephone the emer - Probation Ombudsman, on experience of prison life – it is deeply dis - gency services. And when he finally got the lessons from recent appointing that the roadmap which they through, the Ambulance Service went to will be following contains not a single the wrong prison, next door. prison deaths mention of self-inflicted deaths or self- injury. Natural causes There are some documents that scream Some of my natural cause investigations out ‘Read me!’ and some that whisper Self-inflicted deaths tell a similar story. Mr A apparently told ‘Hide me at the bottom of the pile’. I In investigating deaths in custody, the the nurse his chest felt tight and he had expect that I am not alone in believing Ombudsman’s office sees itself as serving pains down his arm. Despite these classic that a report entitled National Offender the interests of bereaved relatives, the symptoms of a heart attack, the nurse (rel - Management Service, Strategic and Coroner, the Prison Service, and the pub - evantly, perhaps, an agency nurse) told Business Plans 2009-10 to 2010-11 belongs lic interest as a whole. And what all of him they would look into it in the morn - firmly in the second category. them want – not least the bereaved – is for ing. Sadly Mr A never saw the next morn - But diligent chap that I am, I have now lessons to be learned to try to prevent fur - ing. ploughed through 56 pages of perform - ther deaths. My experience is that there is In contrast, everyone knew that Mr E ance indicators, key deliverables, embed - huge learning to be extracted from was dying. But despite the fact he was ded budget monitoring (no, I don’t know detailed examination of an individual very ill and had limited mobility, he was what that is either), and all the other man - tragedy. not granted compassionate release agement school gobbledygook that In the last couple of months I have because of concerns raised by the infects so many reports from public bod - issued some of the most important and Probation Service. These concerns were ies these days. And I have made a surpris - powerful reports among the 1,000 or so not improper given Mr E’s history of ing and disturbing discovery. Like investigations I have initiated since 2004. offending, but they did not reflect his Sherlock Holmes’ dog that did not bark, I must be careful about how I share them state of health or the rate at which it was the Noms plans are most interesting for with you – as many cases have yet to go deteriorating. In a risk-averse world, it what they do not include. For there is not to inquest – but there is no reason why I was not hard to understand why he was a single mention of suicide or self-harm cannot outline some of the more signifi - not granted release on compassionate anywhere to be found. cant findings. grounds. But nor was it hard to see how Take two deaths in court cells. In both a different decision could have been Targets cases the men who died seem to have reached in a more risk-neutral climate. On the face of it, there is a simple reason smuggled the substances that killed them These are only stories, but they are for this lacuna. The reduction in suicides in their socks. One man died from the ones with which I hope the new Doms is no longer one of the Prison Service’s toxic mix of the alcohol he drank before will become acquainted. In my view, they targets, and what is not a target apparent - going to court and the cocaine he ingest - say far more about the day-to-day reality ly has no place in a strategic or business ed after conviction. The other died – pre - of prison life than any amount of poring plan. But contrast that with the position sumably in great pain, given the effects of over the strategic and business plan.

10 Independent Monitor • May 2009 BORDERS

government. He asks whether IMB is giv - Observations from the IRC ing tacit support to a system that causes problems: ‘we send back people to we know not what; what happens to those rejected, as we do not monitor the results Conference of the decisions?’ Dr Selby asked us to challenge ourselves and others in the lan - Helen Boothman , Littlehey IMB and AMIMB chair guage used in immigration which de- humanises the situation; 65,000 As this was my first IRC Conference I somebody might be ‘lost’ in the system ‘removals’ does not adequately convey thought I would use my monitoring skills somewhere. There was some criticism the pain of people. He challenged UKBA to observe the people and proceedings. from the floor regarding the new building to improve the lot for people in detention. As Tony Cudlip, the current chair of at Brook House at Gatwick -built as a Cat the IRC/STHF (short-term holding facili - B prison. Is this appropriate for detainees Summing up ty) forum opened the Conference, my first I wondered, or is the real reason is to be a Overall, what do I remember from the observation was that the forum is a tight, back up for overcrowded jails? The ques - conference? efficient working group, evidenced by a tion of children being detained, especial - The frustrations of members over the shared knowledge of the current issues ly at Yarl’s Wood, was raised. The minis - appointments process among the IMB chairs. During the day I ter declined to say that there would be a The issue of moving detainees, especially noted that Alan Kittle, Director of the blanket policy about the detention of chil - children at night Detention Services from the UK Borders dren, and hid behind the fact that it was The inefficiencies within the estate – staff Agency (UKBA), also attended this the judge’s decision. escorts, for example, coming from Milton Forum and a little niggle started to creep Alan Kittle from UKBA told us there Keynes to Gatwick and Dover to escort in that perhaps this was a bit too cosy, and are plans to extend the detention estate by detainees to the dentist that the relationship between the IMB 60%. Some of the other planned initia - The horrific image of children being chairs and UKBA needed to be a bit more tives rather shocked me – the introduc - transported in cages distant. tion of welfare standards, review of The chairs’ forum: I still wonder about the Norman McLean from the Secretariat detention centre rules, new complaints relationship with UKBA but like the idea addressed the Conference and intro - process and a new strategy for activities of the chairs working closely together duced Sue Caley, a new member of his and education across the estate. How do Tinsley House and Brook House at team with responsibility for the IRC the operators, private and public sector, Gatwick: I still cannot work out why the IMBs. Norman announced that the run the establishments in a consistent and Secretariat set up a new board for Brook Secretariat is considering setting up a measured manner without some of these House separately from Tinsley (perhaps new unit. As there are five new boards benchmarks already in place? by now they will be one!) being set up to monitor 36 locations, it Individual members of boards sticking became apparent to me that IMB boards Our president together and eating together, (a bit differ - will need to be flexible as members will Dr Peter Selby gave his address and man - ent to the prisons IMB conference) not be working out of one location. aged to upset a proportion of the audi - Those willing volunteers trying their This sharing of best practice of multi- ence by accusing IMB members of being hand or feet at the Tango. site IMB boards is going to very impor - alibis to a system that causes problems, Well done to Grainne Stephens (and tant and needs to be shared with those Dr Selby sees the immigration detention the team) for excellent organisation and a prison IMBs who are becoming cluster estate as the most dysfunctional arm of warm welcome. sites, as well. Norman shared with the conference the review of the appoint - ments process and I could feel the heat in Application for I enclose my cheque for £ the room increase as this is an area where I am a UK tax payer and I would like AMIMB to IMB members feel very strongly, especial - AMIMB membership reclaim tax already paid on this, and any future ly about the time taken for security clear - Name subscriptions and donations unless I notify you ance. There were a lot of frustrated mem - otherwise. My tax bill this year will be more than bers in the audience who have been wait - Address ing for clearance of new volunteers to join this gift. Yes No their boards for some considerable time. Signature Minister arrives shock Everyone I spoke to was pleased to see Postcode Date that the Minister of State for Borders and Immigration, Phil Woolas MP, had made Phone (home) Membership fees The annual subscription is £20. it. I believe this is the first time a minister Send this form and a cheque, made payable to AMIMB, had actually attended a conference. Phone (work) to the treasurer: Jenny Budgell, Natural Numbers Ltd, Syms Yard, Chippenham, Wiltshire SN14 6LH. During question time it became clear that Email address there are no statistics of the time from If you would like to pay by standing order somebody being arrested to being deport - Establishment in future years tick here ed, so therefore we do not know how long

Independent Monitor • May 2009 11 BOARD WORK

Basic procedures Segregation monitoring When a prisoner is segregated, the local board must be notified within 24 hours and be told the date and time of the first review meeting. If the prisoner is a young person the YOT (Youth Offending Team) must also be notified within 24 hours. The The Monitor makes no apologies for reproducing below an edited board member will then visit the prison - er as soon as possible but no more than 24 version of Lesley Harvey ’s Prison Service Journal article. It is a timely hours later, recording observations and and forceful reminder of the vital role IMBs have in segregation. Lesley what was discussed. Ideally the board member will speak to the governor who is on the Holloway IMB and the National Council authorized segregation. Observations noted should include the The segregation unit (sometimes called To monitor effectively the segregation state of mind of the prisoner, whether the care and separation unit) is one of the unit, the IMB must: they spoke to the board member and most important areas in any prison, and • ensure all paperwork is completed whether they have been offered a shower the IMB are expected to pay close atten - accurately and informatively and exercise and a phone call. The board tion to it. Prisoners are removed to the • recognize and report population member will then check that the correct segregation unit either to maintain good trends in the unit procedures were followed in segregating order or discipline (GOOD) or for their • recognize and report the length of the prisoner. This includes completing the own protection (OP). They may also be stays in the unit, questioning the contin - healthcare safety screen within two hours awaiting adjudication, or on cellular con - uing need for segregation at every meet - of the prisoner’s segregation. If health - finement (CC) having been found guilty ing. care staff are not available to complete the of an offence against prison discipline. • comment on the regime healthcare algorithm, the prisoner should Under PSO 1700 the IMB must visit the • report on vulnerable prisoners and be observed every 30 minutes by the unit segregation unit at least once a week and question their stay in the unit staff. The board member will also check the board member visiting must see and • monitor the ACCTs the paper work and ask the prisoner if he speak to everyone held there. The details • report on the cleanliness of the unit or she knows why they are in segregation of the visit must be entered in the daily • satisfy themselves that the prisoners and whether they have been given writ - occurrence book held in the unit office have been offered showers and exercise ten reasons. If not, they should be given and on the prisoner’s care and separation • monitor adjudications and keep them. The board member will check that sheet or ACCT where appropriate. If a records the cell and in-cell property sheet reflect prisoner is out of the unit the board mem - • attend reviews the IEP (incentive and earned privileges) ber must note that it was not possible to • satisfy themselves that the samaritans level of the prisoner. see them. and listeners are available Prisoners should have access to the Segregation: solitary confinement by any other name By Monica Lloyd These stark findings underlie a new international statement on the effects of solitary confinement endorsed by the UN In January 2009 a special edition of the Prison Service Journal was Special Rapporteur on Torture and adopted in December 2007 devoted to the subject of solitary confinement, and as a foren - in Istanbul. This absolutely prohibits the use of solitary confine - sic psychologist and Head of Thematics within HMCIP I was ment for death row prisoners and life sentenced prisoners by invited to edit this issue. virtue of their sentence, for mentally ill prisoners and for chil - My role in inspecting the close supervision system and high dren under the age of 18. It also asserts that as a general prin - security segregation strategy over the previous ten years had ciple, solitary confinement should be used only for short peri - put me in touch with an international community of academ - ods and as a last resort. ics and other specialists in the study of solitary confinement. I The Istanbul statement features in this special edition, along had travelled quite a long way in my understanding of the with papers from a number of international experts. One charts impact of segregation and reframed many of the assumptions the history of the use of solitary confinement from the peniten - I had operated with as a psychologist in prisons, and was keen tiaries of the late 18th century to the present day. Another, writ - to share this learning with others. ten by a Californian professor of psychology, examines why There is now unequivocal evidence that solitary confine - solitary confinement is harmful. The isolation regimes in the ment damages the mental health of those who were not previ - supermax prisons in the USA are contrasted with the more ously mentally ill and worsens the mental health of those who enlightened approach of British prisons which have invested in are. Research suggests that between 30 and 90% of prisoners in individual casework management to meet the needs of disrup - segregation experience negative health effects which can hit tive prisoners and manage their behaviour. after only a few days and rise with every additional day of con - All of this is directly relevant to the IMB role in providing finement. These are to some extent reversible, but long-term independent scrutiny of segregation in custody. I commend this confinement makes this less likely. edition to all IMB members.

12 Independent Monitor • May 2009 telephone, visits, showers, in cell employ - IMB seg timetable issue, including discussion with the IMB. ment or education, the chaplaincy and If still dissatisfied, the IMB can refer to 1st 24 hours daily exercise. All segregated prisoners the Deputy Director General or Regional Prisoner admitted to the seg unit should be allowed to collect their meals Offender Manager, the Minister and the Healthcare told within 30 minutes from the servery and only in exceptional Head of Noms. All segregation records started circumstances would this not be allowed. The IMB role at a seg review is to: Initial segregation safety screen The next duty of the IMB is to attend • monitor and oversee the decision- completed within 2 hours the review meeting which will be held making process IMB informed within 24 hours within 72 hours of the prisoner being seg - • be satisfied that procedures have been Prisoner given reasons, review date, regated – see below. followed regime • be satisfied that a reasonable decision Privacy, trust and decency Up to 72 hours later and thereafter at has been reached by the review board. It is of paramount importance that the 14-day intervals, maximum (7 days In monitoring the segregation unit the prisoner and the staff recognise the right for young offenders) board should always remember that it is of the IMB to talk with the prisoner out of Prisoner visited by IMB vital to question decisions of staff in an the hearing of the staff, taking into IMB checks all paperwork informed and positive way. We never account any security issues. This is an First review board sign a review document if we are not important plank in developing the pris - Continuation form completed – if present at the review. The board keeps oner’s trust in the IMB. To this end the appropriate copies of all documentation. Most impor - IMB members must be perceived as being Initial targets set tantly we will not rubber stamp decisions trustworthy: that they will keep promises IMB agrees or disagrees with taken. We must continually challenge made to prisoners and will not make continued segregation things we are not satisfied with and take unsustainable promises and commit - our concerns to the Secretary of State ments. observing and speaking separately to the where necessary. A major concern of most IMBs, as seen prisoner to check their understanding in most of our annual reports, is the loca - and agreement. The board member then Segregation monitoring and tion of seriously mentally ill prisoners in signs the Segregation Review Board form review group (SMARG) the segregation units. The majority of to say that they agree or disagree with the This is a group of local managers and these prisoners should not be segregated outcome of the review. specialists who are tasked with monitor - but it is difficult for the staff to contain If no board member is able to attend ing the use of segregation in each closed them on ordinary location. We all contin - the review, the prisoner should be visited prison. The IMB should at least check ue to monitor this very closely and con - as soon as possible afterwards. The IMB that there is a functioning SMARG in the tinue to push for change. should try and insure that all reviews are prison. IMBs are often challenged verbally held on fixed days and at fixed times to The role of a SMARG is to: and occasionally physically – they can be enable them to schedule this duty into • monitor the implementation of the spat at and worse. Board members are board members’ attendance at the prison. PSO on segregation trained for their role and take staff advice Where a board member disagrees with • review the use of segregation about the state of mind of the prisoner the review decision, under PSO 1700 the throughout the prison seriously. Nonetheless the presence of the board member will raise this with the • review and advise on the training and IMB as an independent scrutiniser pro - chair of the IMB and with the duty gov - educational needs of staff vides a valuable check on staff practices, ernor. If the disagreement cannot be • monitor specific groups of prisoners which can over time be conditioned to resolved, the reasons must be written eg those held in segregation for long become damaging. This can be addressed down and sent to the governor/controller continuous periods, or those transferred by a quiet sympathetic word to the officer who then has 48 hours in which to resolve in from another segregation unit, those or by offering further training or by a the matter. If it cannot be resolved at this who are held in segregation while on an move to another part of the establish - level, the area manager receives the open ACCT and those who have failed ment. Prison staff may forget their obliga - papers and has five days to consider the the initial safety screen. tions to the prisoner, such as offering part of the daily regime, and this can be point - ed out by the IMB. Troubled? Confused? Uncertain? Harassed? Segregation reviews AMIMB Helpline At the initial review there must be an operational manager, a representative of Here’s a selection of the sort of things we get asked. healthcare and a unit officer. There may • Dissension on boards. also be representatives from the chaplain - • How to deal with a tricky prisoner application, perhaps about missing property? cy, a personal officer, a psychologist and • How to get a reply from the Secretariat? a member of the probation team. The pris - • What do we think about a governor who has just been transferred ? oner should be present at the review, or • Is there a prescribed way rota reports should be done? for part of it. If they are not present, they For support or advice from AMIMB contact Angela Clay (01622 844481, must be seen immediately after the [email protected]) or Michael Watson (01995 640437, review and any decisions taken shared [email protected]) with them, with the board member

Independent Monitor • May 2009 13 COALITION

ernment announced plans to increase Joining together to campaign prison capacity to 96,000 places by 2014, described as one of the biggest building programmes in Europe, probably beaten only by the Crossrail and Olympic devel - for reform opments. This building programme included the controversial proposals for three Titan AMIMB is one of 46 work. Central to the latter is a campaign prisons, each to hold 2,500 men, which members of the focused on ending overcrowding, not by were vehemently opposed by the CJA. In further prison building but by a sustained August 2008, 35 CJA members – ranging Criminal Justice reduction in the prison population. from the Prison Officers’ Association to Alliance (CJA). the Prison Reform Trust – signed an open Campaigning on overcrowding letter to Jack Straw making clear their Jon Collins , CJA’s The importance of this campaign is clear opposition to Titans and calling on the campaign director, when considering the scale of the over - government to focus on addressing the crowding crisis. At present, most prisons causes of the growing prison population describes its (61%) are overcrowded and the prison instead of pursuing an expensive prison- potential for estate is running at 111% of what the building programme. This opposition Prison Service defines as ‘the good, was followed up both in private meetings changing things decent standard of accommodation that it with politicians and policy makers, and in aspires to provide all prisoners’. The con - public through the media. sequences of overcrowding are equally Jack Straw credited this opposition Readers of this magazine will not need to stark. As well as leading to inhumane and with the decision to abandon Titans, be convinced that the criminal justice sys - degrading conditions, overcrowding also although many suspected financial rea - tem is in need of reform, with the riot in damages attempts to reduce reoffending. sons. Certainly the alternative – five HMP Ashwell over the Easter weekend It disrupts education, training, behav - 1,500-bed prisons – makes no concessions the latest indication that the prison sys - ioural programmes and drug and alcohol to reducing the prison population. tem is under near-unmanageable pres - treatment; it reduces the chances of pris - The campaign against Titans demon - sure. Clearly action is urgently required, oners securing jobs or housing on release. strates the benefits of working as a coali - and the CJA is working to bring together As important as its opposition to tion. Importantly, the work of the CJA is the voices of its members to persuade the prison overcrowding is the CJA’s opposi - intended to complement and add impact government to take the necessary steps to tion to the government’s intended route to the work of its members, not to replace tackle the crisis in the prison system. out of the current crisis in the prison sys - it. The Prison Reform Trust, for example, tem, a massive prison-building pro - also published a briefing on this issue How the CJA works gramme. Following the publication of while other members made their own The CJA is a coalition of organisations Lord Carter’s controversial review of contributions to the government’s con - involved in policy and practice across the prison policy in December 2007, the gov - sultation. However, as well as adding to criminal justice system. Launched in August 2007, its members include volun - Criminal Justice Alliance members tary sector service providers, research Listing CJA members is not as easy as it should be. CJA is currently going institutions, campaigners, staff associa - through a difficult debate on its policy towards private prisons. There are tions and trade unions. It brings together members who are moved to leave the CJA if it opposes privatisation; some feel a huge diversity of expertise and opinion uncomfortable if it doesn’t. Watch this space on criminal justice policy. Action for Prisoners’ Liberty Consortium The CJA grew out of, and superseded, Families Nacro Rethink the Penal Affairs Consortium, which was Adullam Homes Housing National Association of Revolving Doors Agency formed in 1989. The PAC provided a Association Official Prison Visitors RSA Prison Learning mechanism whereby its member organi - AMIMB New Bridge Foundation Network sations could work together for penal Apex Charitable Trust Penal Reform International Sainsbury Centre for Association of Black Prison Governors’ Mental Health reform by presenting its joint views to the Probation Officers Association SOVA government, parliamentarians, the media Bindman and Partners Prison Officers’ Association St Giles Trust and the public. Its work included produc - Birth Companions Prison Reform Trust The Children’s Society ing a series of manifestos, the most recent Catch22 Prisoners Abroad The Fawcett Society in 2000, which set out a blueprint for Centre for Crime and Prisoners’ Education Trust The Griffins Society criminal justice reform. Justice Studies Prisoners Families and The Suzy Lamplugh Trust Churches’ Criminal Justice Friends Service The Young Foundation Much of CJA’s work continues that of Forum Public and Commercial Transform Drug Policy its predecessor. This encompasses both Clinks Services Union Foundation support for its members – the CJA pro - DrugScope Quaker Crime, Community UNLOCK vides the focal point of a network, dis - INQUEST and Justice Group Women in Prison seminating information, organising meet - Institute for Criminal RAPt Young Minds Policy Research Release ings, and supporting its members to work JUSTICE Restorative Justice together – and campaigning and lobbying

14 Independent Monitor • May 2009 the growing sense of momentum against Titans, the CJA’s contribution was unique Clinks – a profile in that it demonstrated the breadth of opposition to the proposals, uniting mem - bers who would otherwise have been unlikely to express their views jointly.

Other campaigns By Angela Clay , AMIMB vice-chair and East Sutton Park IMB The potential of coalitions to achieve change has been demonstrated in other Clinks support and promote voluntary Light Lunch sectors. For example, End Violence and community sector organisations Many Monitor readers will already Against Women (EVAW), a coalition of (VCS) working within the criminal justice receive the excellent weekly e-newsletter, individuals and organisations working system (CJS) in England and Wales. Joe Light Lunch . One of the best publications on this issue, has focused on pressuring Gardham (pictured below) is National of its kind, sent every Friday to over 2,700 the government to develop an integrated, Communications Co-ordinator and a people, it is packed with uptodate, useful cross-departmental strategy on violence man who is passionate about what Clinks information and advice as well as details against women. After an extensive and stands for. ‘Our vision is to see an inde - of secondment opportunities for VCS long-running programme of campaign - pendent, vibrant and well resourced vol - staff. Recent issues have alerted fundrais - ing and lobbying, the Home Office has untary and community sector, working in ers to Chelsea Building Society grants of now published a draft strategy for consul - partnership to promote the rehabilitation £250 to £5,000 and Freemasons Grand tation. This is a clear victory for EVAW, of offenders,’ he said. Clinks has over 250 Charity awards of £5,000 and £25,000 to and for a collective approach. member organisations that they represent support work with vulnerable people. Of However, the political and media cli - in a drive to influence policy on voluntary particular use to fundraisers’ planning mate remains hostile to prison reform. sector involvement and by working with was the Lankelly Chase Funding For example, the use of arts for rehabili - strategic partners to influence govern - Programme for 2009 to 20014. As well as tation in the criminal justice system has ment policy. funding and finance information, the come under concerted attack from the weekly update brings a raft of news about media and from politicians, leading to Training and publications volunteering, governance, workforce programmes being cancelled regardless Good, uptodate training is key to organi - development, performance management, of their success in reducing reoffending. sations delivering a high level of service information communication technology Even the decision to consult on granting and I have had some very good feedback and criminal justice developments. some prisoners the vote, the inevitable about Clinks specialist training courses result of a European Court of Human which include Volunteering in prison and Fact file Rights decision that the UK’s blanket ban Volunteering with offenders in the com - on prisoners voting is illegal, has been munity. Trainers are experienced profes - Clinks, 25 Micklegate, York YO1 6JH taken grudgingly by the government and sionals with a thorough knowledge of www.clinks.org (01904 673 970) attacked by the opposition. both the CJS and VCS. Members get up to For membership information This climate makes it extremely diffi - 20% discount on fees. contact Karen Desai cult for campaigners to achieve even Clinks briefings provide jargon-free, [email protected] small victories, whether it is reversing the very readable information on updates in To sign up for Light Lunch , cancellation of a course or project or the CJS and would be useful for anyone contact Joe Gardham achieving minor policy shifts that will working with offenders and their fami - [email protected] benefit offenders. Consequently, nothing lies. Their Working with offenders directory will have a greater impact over the next is Clinks’ online resource for everyone, year, with a general election looming, particularly those wanting to promote than greater public support for a new, their own services and it doesn’t cost any - more effective approach to criminal jus - thing to list your own organisation. tice policy. To achieve this, members of the public who are concerned and knowl - Influence edgeable about the reality of the criminal Any organisation working within the justice system, including members of CJS has, I feel, a responsibility to flag up Independent Monitoring Boards, should issues of concern as well as those of best share their experiences wherever possi - practice and Clinks member consulta - ble, whether in the local or national media tions offer a voice to those with some - or in conversations with friends and col - thing to say. For those of us cam - leagues. paigning for a particular Along with the work of the CJA and issue, it is encourag - other organisations working in this field, ing to have the this will help to create a better-informed weight of such a public debate about criminal justice, an well respected important step towards a more positive organisation to political and media climate and towards challenge the deci - better criminal justice policy. sions makers.

Independent Monitor • May 2009 15 OBITUARY

decidedly unglamorous: hours of walk - ing the landings, listening to prisoners’ complaints. He knew that such issues Bill Brown was on the Scrubs board for 13 were immensely important to men in cus - years, serving for the last three as its chair. tody with little else to occupy their time The President of the IMB National and fill their lives. He was compassion - Council has pointed out the difficulty in ate rather than sentimental about prison - remaining independent in such a context. ers. And he always took them seriously. ‘Retaining your independence in a setting I cannot resist an example from his last where you have to engage the trust and rota visit on 22 January. A prisoner asked confidence of Governors and staff if you him why they were not given lavatory ernor reported that he had never been are to monitor effectively is very hard.’ I brushes. Bill asked around and couldn’t asked that question before, didn’t know really don’t think that Bill found it so find an answer. So he very properly wrote the answer but would find out. Bill hard. With his quiet courtesy and his at the top of his very last rota report as a would have enjoyed the exchange. patient, calm approach he easily won the key point for the governor’s attention: He was a benevolent and principled trust of those who worked within the ‘What are the policy reasons for not sup - board chair. He did not take sides, he was prison and he was also a passionate advo - plying prisoners with lavatory brushes’? even-handed in his dealings with us. He cate of the independence of the board’s I wish he could have been at our last sought to defuse disagreements by a ref - role. He knew that we are not managers meeting at which the new number 1 gov - erence to an authority beyond his opin - on the one hand nor inspectors on the other and with the clear thinking that per - haps came from his legal training he often From the William Brown Monitor archives steered us away from straying into other Interest on prisoners’ money roles. Mr Duggan was a convicted prisoner. He argued that cash paid into an account con - Very few IMB members serve for as trolled by the governor should be held on trust for him and that he should be enti - long as 13 years. To do that you need tled to the interest, which accrued. The relevant prison rule seems clear. stamina and conviction about the impor - ‘Any cash which a prisoner has at a prison shall be paid into an account under tance of the role. Bill had both. In his three the control of the governor and the prisoner shall be credited with the amount in annual reports he regularly highlighted the books of the prison.’ the numbers of mentally ill people inap - The judgment on Mr Duggann’s case does not disclose the amount of cash which propriately placed in prison, the plight of he paid into the account but it is described as ‘small’. However, the aggregate foreign national prisoners detained amount of prisoners’ money held by the Prison Service is substantial – over £4m. beyond the end of their sentence and the The Court surveyed the relevant law relating to trusts. If one could establish that likely effect on regimes of further budget the governor was a trustee then he would have had to account to the prisoner (the cuts. He was always particularly sad - beneficiary) for any interest the money had earned. In order to determine whether dened by the death of a prisoner and there was such a trust, the Court focused on the wording of he prison rule. It con - made a point of visiting the prison as soon cluded that it suggested an administrative relationship between the governor and afterwards as possible, not only to find prisoner rather like banker/customer rather than that of trustee/beneficiary. The out what he could, but also to ask after the Court also noted that here was nothing to prevent a prisoner from opening an inter - welfare of those officers and prisoners est bearing account at a bank or building society and transferring funds to it. Mr who had known the man. He felt strong - Duggan’s case was dismissed. ly that the IMB should observe all One imagines that the Prison Service must have emitted a collective sigh of relief inquests on deaths in custody and wrote at the judgment. But even if the case had been decided otherwise, prisoners would a protocol on that for other IMBS. have benefited little, bearing in mind low interest rates and modest individual But while the bigger picture is big amounts paid into the prison account by prisoners. indeed, much of our day-to-day work is

16 Independent Monitor • May 2009 AMIMB

hard in the monitoring role to achieve this. The monitoring role is not without its Training visits risks and years ago he was injured in an assault by a segregated prisoner whose By David Atkinson of the AMIMB wellbeing and welfare he was checking. Typically, the experience did not diminish executive committee his enthusiasm for the task. His talents were recognised by his fellow board During 2008 AMIMB made three training members and he was elected chairman visits, to Preston, Sudbury and Ashfield. for three years. He became well known at BoV nation - Preston al conferences for his enquiring and ener - Male Cat B Local, approximately 900 pris - getic approach and in 1994 he was elect - oners. Substantially a Victorian prison ed to the newly formed National constructed between 1840 and 1895. Most Advisory Council. During his four years cells are double; although an old prison, in that office he led many campaigns to it is well maintained and well decorated. improve the profile, support and recogni - The IMB Board are very experienced and tion of BoVs at many levels, particularly enthusiastic. The visit was very interest - within the Prison Service and the Home ing, especially the first night facility. Office. Despite this more rarified activity he Ashfield still gave full measure to his duties at Male YOI in Gloucestershire, privately Wayland with the fair treatment and wel - run by Serco on a 25-year contract. Holds fare of prisoners uppermost in his mind. up to 400 males between the ages of 15 Norman Simpson: dedicated to After his spell on the NAC, Norman kept and 18, on remand or serving sentences; puncturing cant up his campaigning ways, making good their average stay is four months. During use of his wide range of contacts. their stay they can take on education, ion. He was a great scanner of Prison Recent notable ones were the scale of healthcare, recreation, resettlement and Service Orders to find the answer. He was the problems the Prison Service faced religion. generous in giving us the chance to with the rapid increase of foreign nation - become more involved but was never als in the prison system and the less than Sudbury insistent that we should. He did far more satisfactory provision of healthcare in Male Cat D open prison in Derbyshire, than his fair share of duties. Norfolk prisons by the NHS. Norman opened in 1948, population approximate - He seemed to have a love-hate rela - was working on the latter right to the very ly 581. Full or part-time education is tionship with acronyms, insisting that end. offered, also bricklaying, painting, deco - where possible they should be spelled out Personally he was a great support to rating, metal work, industrial cleaning, – but he was particularly attached to me and could always be relied on for farms, gardening and catering. On the some of them. I tried to persuade him advice and wise counsel. He will be great - downside, Sudbury does have a lot of that the Director of Offender ly missed. absconders, some of whom have only Management for London was to be Brenda Upton, IMB chair, Wayland days or weeks to serve. referred to as the DOM and not the DOOM but in vain. Indeed whenever I 2009 think of Bill now it is to see him with a Monitor editor Brian Guthrie adds: The only visit so far this year was to Leeds smile or at least a half-smile on his lips. Norman was my mentor when I joined Cat C local with a population of over Maggie Pringle, IMB chair, Wormwood Scrubs the Wayland board, not just because he 1,000 prisoners. It is in the centre of Leeds, was the chair, but because he wanted an old Victorian prison built in 1847 and new members to develop the same a place of execution until 1960. The prison Norman Simpson forensic skills and dedication that he buildings look old but distinguished. had. A tough job. He was my hero. There are 551 cells of which most are dou - Norman joined the Wayland BoV in 1989 He had time to organise his own ble occupancy. We were treated to a pres - and quickly established a reputation as an funeral, so perhaps we shouldn’t have entation by two long-serving prison offi - effective and committed member of the been surprised to hear this prayer pip - cers. They had searched the prison and board. He came with a wide experience in ing out in the church: ‘Dear Lord, we found a lot of very old kit, some dating industry and huge energy. He found the thank you for the compassion which back to the very early days of the prison slower pace and beaurocracy of the Home grandpa showed for so many years in – shackles and handcuffs, locks, chains, Office quite a challenge – but one which listening to the problems of prisoners and a special hat which had to be worn by he relished. He was never happier than and for the determination he showed prisoners on exercise so nobody could see when he discovered anomalies in proce - in ensuring that wrongs were righted, who the wearer was. dures and incoherence in policies. and we ask that all those in prison who He understood the requirements and require medical treatment are given Future visits entitlements of prisoners well in the full access to the appropriate national Belmarsh 5 July 2009 Prison Service’s mission to change them health services.’ Isle of Wight 3 days, 2 nights, 9-11 June into law abiding citizens and worked 2009. Visits to Parkhurst and Albany

Independent Monitor • May 2009 17 BOARD WORK

were happening too slowly. In cases like Are we helping prisoners this we can do little more, as IMB mem - bers, than tell the prisoner to wait (although the temptataion often is to try and hurry things along). or the prison? 3 The laid-down processes had been fol - lowed but the prisoner had received an Michael Sheldon of the Norwich IMB has been analysing applications answer that he wasn’t satisfied with (for security reasons he could not be recate - and draws some challenging conclusions gorised, population pressures made trans - fer impossible, and so on). I think that Handling applications from prisoners is IMB members (looking for the prisoner, knowing how best to respond in those generally accepted to be essential work tracking down elusive members of staff, cases raises special problems for an IMB. for IMBs. Following some discussions on telephoning, writing letters and so on) so our board I thought it was worth asking it is worth trying to be sure that this is What should we do? how useful the activity is by imagining effort well spent. I looked at the story of Overall, looking at this batch of applica - how it might look to an outsider. each application, as far as it could be tions I was hard put to find a single one I took the 40 most recently completed reconstructed, from that point of view, where you could confidently say that it applications as a sample. This source of asking: did the matter require an inter - was a matter that the IMB, and only the data could not be expected to generate vention that the IMB (and only the IMB) IMB, was able to do something about. For much by way of useful figures, but they could make effectively? the most part we were being asked to deal covered the range of familiar issues It seemed to me that about almost with matters that we could not influence (property, post, categorisation, transfer, every case you can say one of three or that could more easily and sooner have immigration and so on). Our standard things. been dealt with by other people. There are applications form asks whether the pris - 1 The prisoner hadn’t taken the first steps two ways of responding to that. oner has raised the matter with a wing that were open to him – making a com - We can say that even though we aren’t officer, submitted a complaint, and plaint, contacting a solicitor, asking for often able to deliver the answers prison - received an answer. But it’s not clear how advice, and so on. This may have been ers want, and that most of what we pick useful those questions are: some prison - simply because he didn’t know what they up could have been dealt with by others, ers left that part of the form blank or were, and hadn’t asked. But it is hard to there is value for prisoners in just having answered no to all the questions. The sin - resist the impression that, if wing staff a generally friendly outsider to talk to. So gle commonest response pattern was to had engaged more actively with prison - even though an application doesn’t obvi - say that they had spoken to an officer and ers’ needs (if there was a properly func - ously deliver the goods, it may not be submitted a complaint but received no tioning personal officer scheme, say) time wasted. Certainly prisoners some - response. That suggests that they were many of these matters could have been times clearly welcome the chance just to not waiting for a reply before contacting easily resolved. In cases like these the sound off. Maybe we are happy that pro - us, but it may be a mistake to make too most the IMB can do is give people infor - viding support like that is a large part of much of this. Application forms are full of mation they should already have. what we are for, when it is in short sup - inconsistencies and their content often 2 On inquiry it was clear that the prison - ply in prisons. On the other hand, the fact turns out to have little to do with what a er had already alerted the right people that we cannot often intervene effective - prisoner ends up talking about. and that standard prison procedures ly, and are reduced to relaying to prison - were in train (responses to complaints on ers the dusty answers that are the best the What we’re dealing with their way, categorisation due to be consid - system can give them, probably rein - One thing an outsider would notice is that ered, the prisoner’s request for a transfer forces the view common among prisoners dealing with a single application can take registered, attempts being made to locate that we are ineffective stooges of manage - a good deal of time and energy, some - property or contact immigration etc) but ment. That might make it less likely that times requiring efforts from a series of the prisoner probably felt that things we will be used in matters where we could be effective. Or we could conclude that for the most part dealing with applications as we do at present is not a good use of our time and that we need new rules for what we invite from prisoners and what we are prepared to take on. Monitoring is in our title and tends to be used as a magic word but with different meanings for different people. Surely at the very least it must include some extended systematic check on the way a system is operating and I’m pretty sure that scurrying around the prison try - ing to troubleshoot individual grievances doesn’t qualify. Some aspects of the prison’s operation are open to direct

18 Independent Monitor • May 2009 LETTERS

observation so that, for instance, our reg - ular visits to segregation and reception Professionalism reasonably allow us to see over a period of time that they are working satisfactori - Dear Editor successful development. ly. But others, involving action and deci - I refer to the interview with the National However, I am most certainly not sion-making by governors and managers President in the December issue of the aware of the direction the National (like categorisation, organization of trans - Monitor , particularly the question: ‘How Council are taking us and how we as an fers, chasing up late recall paperwork) are would you like to see IMB’s develop over individual board link in and support the not, because they are hidden. We know the next five years?’ The response to this progress towards this invisible direction! from applications that some problems important question should of course set Why the secrecy, or does Dr Selby pro - arise but we are not able to say how well out the core foundations on which the pose to share this direction with boards? those systems operate generally. And of organisation will continue to build. It is a well known fact that to be suc - course it is precisely those systems that Instead, Peter Selby’s reply was rather cessful an organisation needs a clearly generate the difficult category of applica - vague, and I was offended by the implied defined shared vision, supported by a tions noted above where a prisoner has criticism of our professionalism when he business strategy which everyone fully had his case answered but is not satisfied said: ‘I think we have a direction set and a task understands. This will help to ensue they with the answer. to do. I simply want us over the coming years are motivated to make a valued contribu - to do the task with the same energy, and more tion to achieving the vision. Real monitoring and more professionally.’ I do hope the President and National What are we to do as monitors? Take, as At our establishment, we are clear Council will review how they operate, set a frequently troublesome example, the about our purpose and why we exist, as I out clearly the ‘direction’, with time matter of categorisation. One thing we am sure is the case with all IMB boards. bound achievable objectives and impor - could do that would get us beyond just Furthermore, we do regularly review, tantly communicate this to all IMB mem - listening to individual grievances would evaluate and take appropriate action to bers so that we can play our part in con - be to check over a sample period how ensure we remain effective and profes - tributing to the goals and feel part of a well the behaviour of managers matched sional at all times. We also have an annu - national organisation! the requirements set out in the relevant al plan with clear achievable objectives PSO. Were deadlines being met? Was the set out for completion within agreed time David Blythe right paperwork being completed? That scales. We recognise these are fundamen - Board Development Officer would mean, of course, asking managers tal and must be in place for our continued IMB Altcourse to provide us with data and my limited experience is that requests of that kind from the IMB are not welcome, perhaps A reply in their annual reports and their corre - because they are unfamiliar. Thanks, David, for keeping us up to the spondence with me – and we shall work But is that enough? Even if PSO 0900 mark! I am glad you are on our Training to be more and more effective in gaining is consistently followed, there are still Strategy Group, and therefore must publicity and applying pressure where likely to be complaints, some of them pos - think that you can aspire to doing things necessary to raise the standards of fair - sibly justified, about decisions. What does ‘more and more professionally’ and that ness and respect for those in custody. an IMB do with them? Just tell the prison - that does not mean that we do them So, to take a few recent examples, er that the correct procedures have been unprofessionally now; it simply means when we want to raise standards of followed and that the decision he doesn’t that we are constantly working at learning and skills or mental health pro - like must stand unless overturned at improving the way we do things. vision we try to find out what IMBs appeal? What if there is something about My Monitor interview is not, thank - think; we then put together reports, and the decision that we feel uncomfortable fully, the only occasion on which the get them into the places where decisions with? We are not advocates and perhaps National Council and I have expressed are taken. When we want to take a line our job is just to see that the rules are fol - our fundamental direction. Three on Titans we find out what IMB mem - lowed, accepting that the content of deci - speeches at the last two annual confer - bers think, through their reps and sions (whether we like it or not) is the pro - ences set some things out very sharply, through conversations with Chairs and fessional concern of managers and not for and I’ll repeat briefly what I think is reading letters Chairs have written, and us to challenge. Or is that avoiding a basic to our work and its developing then we write a sharp submission. responsibility that is a proper part of direction. We’ve more to learn about how to use monitoring? Perhaps it isn’t enough to We are rooted in the 150+ IMBs. Their information effectively, but I’m not satisfy ourselves that decisions are being concerns and their reports provide the ashamed of what we’ve achieved so far. made on time and recorded on the right evidence with which we work. We are a And it isn’t just Altcourse that has a pieces of paper. It matters about decisions National Council created out of the business plan and reviews its work; all not just that they are made but that they Lloyd review with the aim of ensuring IMBs are asked to do that, and the are made fairly and reasonably. But how that what is discovered locally is heard National Council has one which is is an IMB to satisfy itself about that and nationally, bringing pressure for change reviewed at every meeting. The tree monitor the quality of the decision-mak - when it is needed. population of the world benefits from ing that happens beyond its direct view? We shall therefore relate more and our not sending hard copies of all of Finding an acceptable way of doing that more closely to the evidence IMBs pro - that; but if you want to see one you just seems to me a big challenge, but one that vide – through their reps on the NC and have to ask. Peter Selby ought not to be dodged.

Independent Monitor • May 2009 19 INSPECTIONS

its key and important resettlement HMCIP reports function. Foston Hall (Female) Summarised by Helen Banks , AMIMB associate member The Toscana Unit, for 17-18-year-olds, was providing a supportive environment for its very challenging population. Unless that approach is continued Askham Grange (female open) positively on their relationships with beyond the 12 months that a young This prison has always had positive staff, and there was a good personal woman can spend there, much of the inspection reports, ‘but on this occasion officer scheme. Safety continued to be a dividend on this investment may be lost. its performance can best be described as concern. outstanding.’ It is the only adult prison Kennet (Cat C) which has been assessed as performing Bristol (Local, YOI) Kennet, which opened in 2007, is the well across each of the four tests of safety, Managers had succeeded in reversing the newest prison in England. Managers and respect, purposeful activity and decline recorded at the last inspection. In staff are to be congratulated for opening resettlement. It provided a holistic and spite of these efforts, the effects of the accommodation so quickly, safely and individualised approach to managing the continued population pressure meant effectively. So it would be a pity if Noms transition from custody back to the that Bristol was not yet performing well were not to invest in a sustainable future. community. enough in three crucial areas – safety, respect and activity. Lancaster Farms (Remand, YOI) Ashfield (Juveniles) A disappointing establishment that was This was another positive inspection. Coldingley (Cat C) unlikely to improve the life chances of the Managers and staff had responded to Much of the progress recorded during the young men it held. The prison was not weaknesses highlighted in previous previous inspection had been sustained. performing sufficiently well against any reports, with some innovative It remained commendably safe and staff- of the four tests: safety, respect, approaches. Though relationships prisoner relationships were generally purposeful activity and resettlement. The between staff and young people good. There was sufficient purposeful imminent removal of the under-18s remained generally good, the high level activity and efforts had been made to should allow Lancaster Farms to of assaults and use of force bore witness adjust this to the needs of the increased improve, but will require some to the difficulty of managing this large, number of short-stay prisoners. fundamental changes in management. volatile population safely. Dovegate (Therapeutic Peterborough (Male and female Brinsford (YOI) community in a Cat B training) local) This inspection found considerable Those out of therapy now made up 40% No area gave rise to the acute concern that progress, particularly in the culture of the of the population and many were was expressed at the time of the last establishment,. Young people reported disaffected and disruptive. Population inspection. But there is still considerable pressures – and a contract focused on room for improvement, particularly in filling beds rather than treatment the crucial area of staff-prisoner integrity – compounded the problem. relationships.There is also insufficient Treatment standards had fallen along focus on the specific needs of the diverse with staff morale, and urgent action is female population. now required by Serco and Noms to salvage what had been an innovative Styal (Female) unit. Arguably these vulnerable women should not be in prison, but while there Featherstone (Cat C) they need a well resourced, therapeutic With continued progress, it is now environment. Managers have brought in reasonably safe, respectful and some innovative approaches, but not purposeful, with a commendable enough to meet the complex and emphasis on resettlement. Featherstone is sometimes acute needs of the women in now essentially an effective their care. training prison. Wellingborough (Cat C) Ford (Open) One of the weakest prisons inspected Some areas of continuing weakness in recently, failing to provide the basics of physical environment require an training and resettlement. It suffers from investment of resources or support from poor design, too few activity spaces, outside. In most cases, what is needed is difficulties in moving prisoners on, the better management oversight and drive, availability of drugs, a younger, more and the engagement of all residential staff volatile population – and a lack of in the task of preparing prisoners for direction and management that had Peterborough release. The prison is underperforming in allowed key areas of work to drift.

20 Independent Monitor • May 2009 HEALTHCARE

therefore often have difficulty answering Health check our queries and criticism. Medical confi - dentially is also a necessary barrier. And then there is the language – and I don’t mean medical language. What I mean is management language. They talk about targets and outcomes, which is Trish Phillips of the Norwich and about access to provision, but not about son`s health is linked to their educational how successful it is or whether it has met Coltishall IMBs has a medical attainment: the better a person is educat - the needs of the patient. This is fine for background and specialises in ed, the better their health will be. This is things like hepatitis B innoculations, but because they are able to make better not so helpful when trying to ascertain prison healthcare health and lifestyle choices and are able to the efficacy of mental health provision. afford it. Various groups are beginning to try When the National Health Service took Those of us that have been monitoring and measure the availability of healthcare over the provision of healthcare to the healthcare in prisons for some time are and what should be available if prisoners prison population from the Prison Service aware that it has improved since it has are to have access to the same level of in 2005, I believe that the Primary Care been provided by the NHS, but it is not, healthcare that they would get on the out - Trusts (PCTs), both commissioning and as it is meant to be, equal to that available side. The Healthcare Commission recent - provider arms, had no idea what they outside.There are a number of reasons for ly published Commissioning Healthcare in were taking on. It is also probable that this – access, choice, availability and gen - Prisons , which gives a disturbing view of central government had no idea of the eral lack of good standards. But if the confusion and lack of realisation from true need, particularly as healthcare had principle is to provide the level of health - PCTs about what they should be commis - been underfunded for years by Prison care that the needs of the prison popula - sioning. But if you want a truly awful pic - Health. tion warrant, bearing in mind the years of ture of the lack of appropriate provision The PCTs cannot have known that they neglect that their health has been subject - for prisoners with mental health prob - were expected to provide healthcare for a ed to, then a far greater and more exten - lems, then read Too Little Too Late , which population with little or no engagement sive provision is needed. is an independent review of unmet need with the range of NHS services, so that in prison from the Prison Reform Trust. many health issues had simply never Monitoring healthcare This document draws heavily on ques - been addressed – health screening, innoc - These are all issues that have been of con - tionnaires completed by IMBs. ulations, vaccinations and dental health cern to IMBs for a long time and especial - for example. ly those that monitor healthcare. In some IMB scrutiny ways, the fact that PCTs commission and In 2006, the IMB National Council set up Prisoners’ health status provide the healthcare in prisons, has, for the Healthcare Support Group, to provide They can have had little idea of the level those monitoring the provision, made it information about the provision of of chronic disease and long-term medical more difficult. Because there are so many healthcare within the prison system. We conditions that were prevalent in the layers to the system, it is much more dif - are all healthcare professionals – doctors, prison population. They were also prob - ficult to know who is responsible for what nurses and a physiotherapist (myself) so ably unaware of the level of mental ill - decision. that we bring our professional back - ness, both acute and long-term, low-level For instance, I monitor healthcare at grounds to the job. One of the first things and serious. They may not have known HMP/YOI Norwich and very soon HMP we did was try and discover the current that some of these mental health issues Coltishall, so I sit on prison/PCT commit - state of provision, like the numbers of were due to drug and other substance tees: from the bottom, the Integrated staff, hospital appointments, complaints abuse, or even known the level of drug Governance and Risk Meeting, through etc across the prison estate. We received and alcohol dependency there was in the Prison Operational Forum to (at the 84 completed forms from IMBs, which prisons. They were also probably oblivi - top) the Offender Health Partnership showed a very mixed picture, with no ous to the low level of educational attain - Board. There is also the Integrated Drug rationalisation for the very varying provi - ment of prisoners, as well as their likeli - Treatment System (IDTS) Local sion. We completed this in 2008 and need hood of being unemployed or unemploy - Implementation Group, the group that is to do it again to see if there is any able, as well as their housing and general overseeing the tendering for healthcare at improvement. social needs. the three prisons, the prisoner/patient This all sounds very depressing and These factors often explain why people forum and the clinical reviews for deaths the more one reads the more depressing are in prison, but also why they have not in custody . Some of these meet monthly, it can become. But I have found that, used the available community health some bi-monthly and some as necessary. besides all the meetings, one of the best services, except in emergencies often It seems to me that the process of account - ways to find out what should be happen - brought on by their chaotic life styles. ability has quadrupled, and it is easy to ing and what is happening in your estab - Research has shown that in general a pris - lose sight of the objective in the process. lishment is to read the Health Needs oner’s health age is 10 years in advance of Healthcare managers can be just as lost Analysis and the Mental Health Needs his actual age. So a 55-year-old prisoner in this process: although they have Analysis – assuming they are uptodate. will have the health problems of a pen - responsibility for the standard of health - And attend the Prisoner/Patient Forum. sioner in the general population. Other care in their establishment, they have no These will give a real picture of what’s research has shown that the state of a per - responsibility for what is provided, and going on and what should be happening.

Independent Monitor • May 2009 21 SECRETARIAT

security clearance would not be able to sections of the form. How should enter the establishment until their clear - Given the length of time security clear - ance had been received, it would mean ances can take, it is important that boards that candidates (and boards) would know submit complete security documents to IMBs be if they had been successful much earlier the Secretariat as early as possible in a than at present. This proposal is being put candidate’s application. This facility has to ministers for consideration. been available since 2006, yet of the packs appointed? forwarded to the Secretariat from the Current problems – and some tips beginning of January to the end of March It might be helpful to set out where delays 2009, only 27% of boards had sent the The system for appointing IMB happen and what boards can do to help security papers to us in advance. Sending avoid them. the security papers in advance can signif - members has been troubled for The appointments section has a target icantly speed up the time taken for years. There’s a new man in of turning around completed application appointments to be made. packs within 40 working days from It is important to note that the charge at the Secretariat: Nigel receiving the pack from the board to the Secretariat’s 40-day target starts only Mulcaster explains his reforms minister making a decision on whether to when we have a complete set of papers appoint. During that time, security clear - following an interview. Of the packs for - ance needs to be requested and received, warded to the Secretariat in January and The Secretariat and the National Council a submission needs to be put to the min - February 2009, 67% were incomplete, will shortly be comprehensively review - ister and the minister needs to consider almost always because the security ing the processes for recruiting and the appointments. papers were either incomplete or missing appointing new members to IMBs. The major cause of delays is the length altogether. The result of this is that the Among other things, the review will con - of time taken for security clearance. While Secretariat then needs to go back to sider what can be done to ensure that the this has always been the case, particular - boards and/or candidates and delays processes are as streamlined as possible, ly with candidates for high security pris - result. Discussing with the appointments as well as examining how delays in mak - ons and immigration removal centres section first which papers are required is ing appointments can be reduced. This where a higher level of security clearance often beneficial. may take some time, so we are not sitting is required. The problem worsened in on our hands in the meantime April 2008 because of the need for all can - Co-operation didates to receive clearance from the Observations about what boards can do Improvements already Criminal Records Bureau. Not only does to help reduce delays are intended to be The appointments section has already CRB clearance take longer to complete, helpful and not a criticism; indeed, the begun looking at its processes in anticipa - but there are also many more opportuni - fact that so many packs are incomplete tion of the review. Since 1 January 2009, ties for errors to be made on the CRB form when they are sent to us suggests that we we have maintained a system for tracking than on the paperwork which most can - need to do better in communicating what the progress of applications so that we didates completed previously. Any errors the requirements are. How we communi - can see easily where any application is or omissions on the form, however minor cate this information will need to form within the system and so that we can they might appear to be, result in the part of the review. While it would unreal - readily identify delays. We should now be forms coming back from CRB and some - istic to suggest that the review of appoint - acknowledging receipt of all applications times a fresh form has to be completed. So ments will result in a perfect system, it and notifying chairs when we are unable it is important that candidates and IMB does represent an opportunity for us to to meet our 40-working-day target for clerks follow closely the requirements of think carefully about changes which can processing applications, along with the the CRB when completing the relevant make the system as efficient as possible. reasons for the delay. We are also looking at the possibility of appointments being made subject to can - didates subsequently receiving security clearance. A common concern – expressed particularly by candidates, but also by interview panels – is that if there are delays in processing appointments, a period of some months can pass from a candidate being interviewed to their learning whether or not they have been appointed. Not knowing the result, some AMIMB AGM ON THE SOUTHBANK candidates look for other voluntary roles and are then lost to IMBs. We recognise Our annual general meeting and conference this year will be in the that to lose candidates following inter - Royal Festival Hall. It coincides with the annual exhibition of Koestler view is particularly frustrating for award winners (one of last year’s pictured above). We meet next to the boards, given the considerable effort that exhibition. That’s Wednesday 28 October, 4.30 start; details to follow goes in to recruiting new members. but it’s not too soon to book a place. Although those appointed subject to

22 Independent Monitor • May 2009 IMB NEWS

any matters of concern raised by the IMBs When is a cluster a merger? as he sees our independent views vital to measuring the success of the clustering. Together with the security governor we Clusters are one of the considerable challenge. Good will and the will be given cluster IDs and be able to government’s latest bright ideas ability of all members to compromise will draw keys in any of the three units. This be essential if we are to avoid a split sin - support is very welcome and will assist for saving money. The last gle board. Members currently have pride the single board to establish itself. Monitor dealt with the Isle of in their particular prison and board and The boards understand the economies this loyalty will have to be extended to the of scale and other advantages and with Sheppey. Richard Gully of the other two prison units for one board. This continued cuts referred to officially as Parkhurst IMB is concerned at a time when the IMBs should be ‘efficiency savings’ clustering is likely to focused on monitoring the effects of clus - happen in other parts of the country. about HMP Isle of Wight tering, not navel gazing over integrating IMBs be warned: it may be coming your the boards way soon. The Isle of Wight has become the largest Certainly we would agree that many of prison in the country, and made up from How might it work? the services should be centralised. One three prisons – Albany, Camp Hill and Whether a single large board can deliver healthcare centre working with the NHS Parkhurst.The Prison Service took two the required standard of monitoring is Primary Care Trust is an obvious exam - years to prepare for this integrated debatable, particularly with three dis - ple, as is catering, works and administra - prison; the three IMBs were given 13 days tinctly different client base of prisoners, tive functions to become one board! The reason for the but with a common view that they don’t On the other hand, cuts in time out of late notice given by the Secretariat was want to be on the island. cell, 30p off the daily meal costs and that they did not know it was to be one The delays in implementing the new reduced number of items in the canteen prison and therefore one board. prison structure has had a detrimental will need to be monitored carefully; they After an urgent, heated meeting effect on morale of management and staff are sensitive areas to prisoners. between representatives of the three due to the uncertainty it created. The Isle Staffing numbers appear to be very boards and the Secretariat, the one day of Wight Prison Governor Barry tight for certain activities and areas where left was increased to 12 months, with the Greenberry, who only took over the task a number of prisoners are involved. three boards continuing to operate sepa - towards the end of 2008, has made vast Safety of staff and prisoners in an incident rately for most of this time, while the progress in keeping to the time table of 1 are a concern IMBs will be watching chairs and vice-chairs plan the structure April 2009 for the cluster to go live. From closely over the coming months. of the single board. the IMBs point of view he has always It’s early days and a steep learning Initially this new board will range been available to meet with the three curve lies ahead for management and between 25 and 30 members, no easy task boards and was happy for us to remain staff – and the IMB. One thing is certain: for an overarching chair and vice-chair. three boards or become one. the IMB must not get conditioned to The logistics in amalgamating the three He or his deputy will attend our accept lower standards due to reduced different prisons and IMBs will present a monthly meetings and is keen to address resources.

Ombudsman, Pauline McCabe, told us started, he has helped 16 young offenders about her very wide remit. This is proba - and not one of them has been recalled to Northern Ireland bly because she has responsibility for prison. about 1,500 prisoners, rather than 80,000+ Olwen Lyner, Chief Officer of the conference in England and Wales She is able to visit Northern Ireland Association for the Care all Northern Ireland prisons on a regular and Resettlement of Offenders, told the basis. She has a high regard for the work conference about many areas the charity Mike Watson of the Preston IMB and dedication of independent monitors. is working in to reduce crime and its and AMIMB executive Jim Thompson of Prison Healthcare impact on people and communities. worked with the Northern Ireland Prison Dawn Purvis was elected to the committee reports from Services to manage the transfer of prison Northern Ireland Assembly in March Templepatrick, Co Antrim health care to the Health and Social Care 2007 where she is a member of the Services. The transfer took place in 2008 Finance and Personal Committee and and addiction services transferred six Public Account Committee. She was an months later. independent member of the Northern The Northern Ireland Independent Junior Smart, since his release from a Ireland Policing Board. ‘Every individual Monitoring Boards Annual Conference long sentence, has worked for the on the planet has potential. Where I come took place over two days at the end of Southwark Offenders Support project, from, the lack of opportunities mean that March. It was chaired by Lillian Jennett, run by the charity St Giles Trust. Based in may individuals fail to achieve their full Chair of the Northern Ireland South London, it is right at the heart of the potential; our job is to help and encour - Independent Monitoring Boards. It was a community most affected by the recent age them to reach it.’ We were told about great success. gang warfare and murder. He told us that the main initiatives available to help the The Northern Ireland Prisoner in the six months since the SOS project young and the not so young.

Independent Monitor • May 2009 23 LAST WORD from Carp

Budget confirms MoJ cuts In the wake of our financial meltdown, last month’s budget included cuts affecting people in custody. (Whether or not abandoning titan prisons was a disguised budget cut is a matter of debate.) The published Budget 2009 shows that the Ministry of Justice is cutting £1billion during the current comprehensive spending review period. Included is £120 million of efficiencies from the Prison Service’s shared service centre, £82 million savings in Noms (through initiatives such as clustering, core day standardi - sation and ‘allowing prison staff arrangements to be re-profiled’). The Home office is making its contribution too. Of relevance to IMBs, this includes £150m from the UK Borders Agency budget by ‘streamlining the processing of asylum and migration applications’. IMB democracy returns – but for how long? A letter came round recently from the IMB national council saying that they were arranging for motions to be put to the annual conference in September. Many will remember such debates, until they stopped a good few years ago. It turns out that the IMB constitution requires motions to be put, so we may have been denied our constitutional rights since then. Before summoning up unable to progress through the system and –perhaps surprisingly – three cheers for democracy, consider the possibility that this might traineee psychologists. Then, in no particular order because they be the first motion for Keele this year: that the constitution be changed surface frequently: postal delays, resettlement, MDTs, healthcare, to remove the requirement to have motions at conference . overcrowding, cost of phone calls, cost of canteen items and poor Longer prison sentences? quality of service from the new canteen providers DHL/Booker and finally extremely low prison wages. Longer prison sentences for assault, theft and benefit fraud are possible under plans to overhaul the courts system. Magistrates are Overcrowded – but no prison hulk pressing for stronger sentencing powers, arguing that it would save Jack Straw stated recently that 19,180 prisoners are sharing cells the higher costs of Crown Court hearings in thousands of cases. Not designed for one. That’s more than ever, and nearly 3,000 more than surprisingly, though, proposals to give magistrates stronger in 2004. In an attempt to chip away at his overcrowding problem, he powers have brought criticism from campaign groups, worried apparently had plans to revive the discredited prison ship idea, but that it could bring the country’s overcrowded prisons to breaking instead Littlehey will be enlarged by 480 places. Meanwhile, point. Increasing the maximum jail term available to magistrates despite abandoning 2,500-place titan prisons, it’s worth from six months to twelve would lead to their sentencing 18,000 remembering that enlargement has already given us 20 prisons more cases a year. with over 1,000 prisoners, including such unlikely out-of-town More immigration detention places places as Bullingdon, Hewell and Wayland. Brook House IRC opened in March, approximately half a mile from Deaths in custody Tinsley House. Brook House was developed by the Airport A recent analysis by the Howard League shows that in the ten years Property Partnership, a joint venture between the British Airports 1998-2008, 1,789 people have died in prison. Half of them were Authority, which owns the airport, and Morley Fund Management, apparent suicides, 132 of people under 21. Of the 61 apparent an asset management company owned by insurance group Aviva. suicides in 2008 (down by 31 on the previous year and the lowest It is based on the ‘successful’ design of Colnbrook and can hold up figure since 1995) six were under 21 years of age, 25 were to 426 male and female detainees. G4S manages it. Brook House is unsentenced, all but one were male, and only 11 were on suicide part of Home Office plans to expand Britain’s detention estate. watch. Six prisons had three or more suicides: Altcourse, Plans include two new potential detention centres in Oxfordshire Chelmsford, High Down, Lincoln, Winchester and Wormwood and Bedfordshire, as well as demolishing and rebuilding the two Scrubs. wings wrecked at Harmondsworth. Mental health services in prison Prisoners’ top ten complains Rather than attempt to summarise them, a recommendation The Monitor asked the editors at Inside Time , the excellent monthly instead to read two important recent documents. Too little too late is a newspaper for prisoners, what they thought were prisoners’ main review by the Prison Reform Trust, based on detailed information complaints. How well do they chime with our IMB experience? The from IMBs; The Bradley Report is the long-awaited report top two were the IPP sentence, particularly for those with low tariffs commissioned by the government.

AMIMB works to maximise the effectiveness of its members by providing: AMIMB • encouragement in the robust and efficient performance of their duties • training support statement • best practice advice on the treatment of prisoners and the administration of prisons of purpose • information on relevant developments in penal affairs • support for members who seek advice in times of difficulty.

AMIMB also helps to enhance public awareness of the work of Independent Monitoring Boards.