Independent Monitoring Board HM Prison Birmingham Winson Green Road Birmingham B18 4AS Rory Stewart MP Parliamentary Under Secretary of State for Prisons, Probation, Rehabilitation and Sentencing; Ministry of Justice 102 Petty France London SW1H 9AJ 15th May 2018 Dear Minister, On behalf of the members of the Independent Monitoring Board at HMP Birmingham, I am writing to you to express our very serious concerns regarding this establishment, where basic humanity, safety and purposeful activity is simply not being delivered. We fully recognise that there are currently many challenges facing the entire prison estate, but the problems at HMP Birmingham are so serious that we would be failing in our duty if we did not bring our concerns to your attention. You will be aware that HMP Birmingham experienced two significant disturbances in the last eighteen months. The Board is of the opinion that current prisoner behaviour and a lack of staff control on many wings, observed over the past three months, are reminiscent of the scenario we noted prior to both of those disturbances The Board’s view that prisoners, rather than staff, appeared to be controlling many of the wings was supported by the observations of Dame Anne Owers, the IMB National Chair and Neil Richards, HMPPS Controller, on their visits to the prison, and this was reported to the management team. We note that a new Director at Birmingham and his senior team are clearly leading and challenging staff to bring about improvements in the regime. However, put simply, the prison fails to provide a safe and decent environment on an almost daily basis. Specific concerns we hold include: • 6 deaths in custody in a 7 week period, 4 of which raised concerns that we expect the PPO to be critical of in the final reports. A further 2 “ near misses” were cut down in the CSU in the last 3 months. • levels of violence that, whilst currently not increasing, give cause for concern. Further, we are aware of violent incidents that are not reported, and therefore not recorded. • acts of violence referred to the police but often not taken to court leading to a belief by staff that violence is tolerated. • current levels of violence, assaults, and self-harm, that have created an unsafe environment, exacerbated by the availability of drugs and the negative impact of gang networks. • the widespread availability of prohibited drugs, even in the segregation unit. • occasions when the treatment of prisoners has fallen below acceptable levels of decency and humanity. (see post script for examples) • the regularity of unplanned events (bed watches, constant watches) routinely diverting staffing away from normal activities, resulting in missed hospital or dental appointments and the cancellation of some purposeful activities. • regularly overcrowded and unfit living conditions: toilets in cells with no screen, a generally dirty, poor environment, litter, objects in stairwells, broken windows, heating broken or excessive, broken showers, lack of kettles and even, on occasion, lack of kit and bedding and cockroaches ever present. • the relentless attrition of long serving, capable officers, replaced by new officers who are not being mentored closely, resulting in discipline being enforced inconsistently, leading to physical danger for officers who try to hold the line. The pervasive culture in the establishment is one of inflexibility and a lack of team working and common purpose. • wing regimes have frequently been changed without thinking through the ramifications, resulting in staff and prisoner confusion and dissatisfaction, only to be changed back again. • for at least 3 years the photographic quality of security passes for staff entering the establishment has been unsatisfactory. Amongst our own members several passes have expired and not been replaced. As reported elsewhere the impact of NPS is significant and frequently impacts adversely on prisoners and staff, alongside causing violent incidents. During one night visit it was apparent that staffing was so tight that should an incident have occurred the Duty officer had insufficient resource to open a cell, whilst also maintaining the required ratio of six officers to two prisoners. We can provide examples of all the above issues, as they have been evidenced in our weekly reports to the management. Board members were asked to provide a summary of three significant concerns each, and those are available to you if required. They clearly indicate a shared view of the same issues. We are told that funding is in place for replacing the windows on the Victorian side and that the work will start this summer, but we have been advised of this work on several previous occasions and so cannot be sure that it will actually take place. Similarly, we are told that funding is in place to provide CCTV on the wings, which will improve safety and will support staff in regaining control on the wings. But again, this is work that we have been advised will be completed on other, previous occasions and so, we are not confident that it will be realised. The prison is currently operating below full capacity, but even so, men are being released with little or no evidence of any rehabilitation having taken place. The board is concerned that when the prison is full, all the points we raise above will be exacerbated. Some key issues, not included in this letter, which triggered our decision to write to you, were addressed rapidly by G4S and are now significantly improved. Subsequent to the decision to write to you, the Board agreed to discuss the main concerns with G4S senior management. Those discussion have taken place over the last four weeks. G4S have also shared with us their response to the four “Notices to Improve” that have been recently issued. The prison, under the direction of the recently appointed Director, shows early signs of improvement and we do have the impression that he will deliver an improved regime and a safer, cleaner environment. However, we recognise that many staff work assiduously to support prisoners, and will be disheartened at our criticisms, it remains the Board’s view that this prison is unclean, is not decent, and is unsafe for prisoners and staff. Consequently, despite many efforts by the SMT, the prison is failing to provide a humane and decent environment (both under Prison Rules and Health and Safety laws) for the men in its care. Finally, the contents of this letter should not come as a surprise to the Director and his colleagues. We take that as a positive indication that they are aware of the significant task they face. Yours sincerely, Roger Swindells Chair Independent Monitoring Board Birmingham Prison Examples of some specific decency concerns over the last months are; • A man placed in a cell without a working toilet, he had to arrange for a person outside the prison to phone the Duty Director to get this resolved. • A man, who damaged his cell, and so was without water for over two weeks. He had to collect water in a bucket to flush the toilet at times when prisoners were behind their doors, for his own safety. • A man returned to his cell, where his cell mate had been assaulted, and had used the other man’s bedding to stem the flow of blood. Blood was spilt on the floor and door of the cell. He was provided with a mop and bucket to clear the blood and replacement bedding that was soiled. • NPS secondary smoke on wings is having an impact on all staff including health care and drug support workers and increasing sickness levels. Copied to Rt Hon David Gauke MP, Justice Secretary. Dame Anne Owers, IMB Secretariat Peter Clarke, HM Chief Inspector of Prisons Elizabeth Moody, Acting Prisons and Probation Ombudsman Michael Spurr,Chief Executive Officer, HMPPS Jerry Petherick Managing Director G4S Custodial Services Paul Kempster Managing Director G4S Custodial and Detention Services Rob Kellett Director Birmingham Prison Neil Richards, HMPPS Controller Birmingham Independent Monitoring Board members .