HM Inspectorate of Prisons Report on HMP Kilmarnock Full Inspection 26
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Report on HMP Kilmarnock Full Inspection 26 September-3 October 2011 HM Inspectorate of Prisons The Scottish Ministers In accordance with my terms of reference as Chief Inspector of Prisons for Scotland, I forward a report of a full inspection carried out at HMP Kilmarnock between 26 September and 3 October 2011. Ten recommendations and a number of other points for action are made. The report highlights 16 areas of good practice. HUGH MONRO CBE HM Chief Inspector of Prisons December 2011 CONTENTS PAGE KEY FACTS i 1. OVERVIEW 1 2. SAFETY 4 2.1 Outcome 4 2.2 Safety 4 2.25 Use of Force 8 2.26 Protection from Violence and Harm 9 2.33 Allocation of Security Levels 10 2.34 Transparency of Security Levels 10 3. DECENCY, HUMANITY AND RESPECT FOR LEGAL RIGHTS 11 3.1 Outcomes 11 3.6 Accommodation 12 3.20 Access to the Open Air 14 3.23 Clothi ng 15 3.29 Bedding 16 3.30 Hygiene 16 3.31 Food 16 3.37 Respect 17 3.52 Searching 20 3.56 Quality of Visits 21 3.62 Treatment of Visitors 22 3.63 Visits Environment 23 3.68 Telephone Contact 24 3.69 Letters 24 3.70 Legal Rights 24 3.81 Human Rights 26 3.84 Fairness and Natural Justice 27 3.90 Use of Segregation 28 4. OPPORTUNITIES FOR SELF-IMPROVEMENT AND ACCESS TO SERVICES AND ACTIVITIES 29 4.1 Outcomes 29 4.4 Regime 30 4.10 Out of Cell Activities 31 4.18 Work related Preparation for Release 34 4.23 Education 35 4.27 Interventions to Address Offending Behaviour 37 4.34 Cultural and Voluntary Activities 39 4.35 Religious Observance 39 4.42 Canteen 40 4.45 Health 41 4.65 Addictions 45 4.73 Links with Family and the Local Community 47 4.80 Preparation for Release 48 5. GOOD PRACTICE 57 6. RECOMMENDATIONS 59 7. ACTION POINTS 61 Annex 1 Sources of Evidence 65 Annex 2 Inspection Team 66 KEY FACTS Location HMP Kilmarnock is located to the South East of Hurlford and Kilmarnock off the A76 road to Dumfries. Role The prison holds remand, short-term and long-term adult convicted prisoners and young offender remands. It services Ayr and Kilmarnock Sheriff Courts and the District Courts within East, North and South Ayrshire. History Kilmarnock opened on 25 March 1999. It was the first privately operated prison in Scotland and is run by Serco under a 25 year contract. Design Capacity 500. Population on First Day of Inspection 647. Accommodation Kilmarnock has two house blocks, each with four wings. The wings are self contained and have their own dining area, laundry, exercise yard and recreation area. There is also a Health Centre and Segregation Unit. Last inspected The last full inspection was carried out in September 2007. i 1. OVERVIEW Setting the Scene 1.1 Kilmarnock was Scotland’s first private prison. It opened over 13 years ago and is now run by Serco under a 25 year contract. The fabric of the prison remains good which suggests that the buildings have been well managed and cared for over the years. The prison is also kept very clean. 1.2 HMP Kilmarnock is operated under a contract issued by Scottish Ministers to Kilmarnock Prison Service Limited (KPSL). The contract is output based and performance by the operating sub-contractor, Serco, against these outputs and the contractual terms and conditions is monitored by the Scottish Prison Service (SPS) on behalf of Scottish Ministers. SPS does not prescribe the manner in which resources are allocated by KPSL or its operating sub-contractor and it is for the contractor to ensure service delivery and standards are met and that continuous improvement is sought by efficient working practices. Inspection of Kilmarnock 1.3 Under the initiative of the Director, Kilmarnock was undergoing a considerable amount of transformational change at the time of the inspection. There are a number of areas which this report suggests require improvement but there was good evidence to show that the Director’s change programme will address many of these. Overall, I was impressed by the leadership of the Director in setting the focus on improvement and change. Nevertheless, I emphasise the need to complete the change programme as soon as possible. In terms of leadership, I would also like to see managers become more confident in their abilities and take more responsibility for decisions that should be taken at the most appropriate level. 1 1.4 The prison is safe and prisoners are treated well. Levels of violence are stable compared with the previous report; 82% of prisoners say they feel safe which compares favourably with other prisons. 1.5 I was impressed by the ‘kiosk’ technology which allows prisoners to manage their own visits, menus and access to education and work. I am also pleased to see that the staff are well trained and that the catering staff and the PE staff provide a particularly good service. Pastoral care in the prison is excellent. 1.6 “Out of cell activities are limited and lack stimulation” (paragraph 4.1). Access to activities is insufficiently good, with only 40% of prisoners out of the house blocks during the day. For example, only 200 prisoners were accessing work during the inspection and 22% accessing education. I was not satisfied that the quality of work was sufficiently good. In some workshops some prisoners have no work to do and spend much of the time drinking tea or watching other prisoners who do have work allocated to them. I recommend that access to work, vocational training and education is improved, and that the quality of education and work needs to improve (paragraphs 4.18 to 4.22) 1.7 Although there are good points in the prison’s healthcare provision, not least the mental health area, smoking cessation, dental treatment and alcohol programme, I have serious concerns about many aspects of healthcare access, treatment, management and addictions work. Prisoners are very agitated about this whole area. I recommend, in the light of the transfer to the NHS and based on this report, that the overall standard of healthcare at Kilmarnock is reviewed. 1.8 The prison runs an Incentives and Earned Privileges scheme (IEP): Prisoners are categorised as Basic, Standard or Enhanced. They arrive with Standard status and can either attract privileges and move up to Enhanced or be penalised and reduce downwards. However reduction to Basic can impinge on family visits which I deem to be unfair. The oversight of the scheme should be reviewed (paragraph 4.9). 2 Summary 1.9 In summary, Kilmarnock has a good and enthusiastic team who work very hard to deliver the services required by the Scottish Prison Service. There is a great deal of change being implemented at the prison and I expect these changes and responses to my recommendations to deliver improvements in the areas that this report highlights. 3 2. SAFETY Outcome Appropriate steps are taken to ensure that individual prisoners are protected from harm by themselves and others. 2.1 The prison is safe in terms of levels of violence and the suicide risk management processes work well. The allocation of prisoner security levels is fair and transparent. Standards Safety Prisoners are safe at all times: while being escorted to and from prison, in prison and while under escort in any location. 1 Reception 2.2 All prisoners are searched at the point of entry to the prison, and as soon as is practical during the reception process they are then strip searched and asked to sit on the BOSS Chair (a detector for internally secreted items). Staff also check warrants and prisoners are placed in one of two holding rooms. Protection prisoners are kept apart from other prisoners. 2.3 There are notices in the holding rooms which help to identify prisoners who do not speak English as a first language. Staff also demonstrated knowledge about what to do when someone was identified as not speaking English. There are robust arrangements in place for identifying the language 1 The safety of prisoners being escorted to and from prison and when under escort in any location will be included in a report specific ally on escort arrangements. 4 spoken by foreign nationals. Telephone interpretation services are available through ‘The Big Word’. 2.4 Although the Reception area itself is not designed for large numbers coming i nto, or going out of, the prison, it felt safe and was clean and bright. 2.5 As part of the reception process, prisoners are interviewed in a small room in the Reception area. Personal details are added to both the SPS and Kilmarnock computerised Prisoner Records S ystems. The suicide risk (High Risk Assessment and Teamwork - HRAT) interview also takes place here. Staff take care to identify vulnerable prisoners and several cases were identified and processed appropriately during the inspection. The HRAT process is described in detail at paragraphs 2.16-2.24. After the HRAT interview a private medical interview takes place. 2.6 The reception and discharge processes were very slow with inspectors witnessing some receptions being held in the area for over five hours. Some prisoners being discharged were in reception for over 1½ hours. Records suggest that prisoners being admitted spend an average of three hours in reception. 2.7 Access for disabled prisoners is good and these prisoners can be accommodated throughout the reception process. 2.8 A peer supporter is available to guide new prisoners where necessary. He was able to reassure prisoners and give them practical advice to help them settle in.