Ombudsmen

An Ombudsman is an official appointed by a government to investigate complaints against public authorities. Outside prison law, there are a wide range of Ombudsmen which cover all areas, including the Financial Services Ombudsman. Inside prison however, there are two Ombudsmen which are of particular relevance to prisoners:

1. Prisons and Probation Ombudsman;
2. Parliamentary Ombudsman.

Prisons and Probation Ombudsman ("PPO")

The PPO has the following responsibilities:

1. To investigate complaints it receives from prisoners;
2. To investigate deaths in custody.

The PPO is independent from the prison and probation services.

The relevant policy can be found here: PSI 58/2010

Why might a prisoner complain to the PPO?

If a prisoner has a grievance, and has complained through the prison service's internal complaints system, he may not be satisfied with the response he receives. Equally, he may not wish to commence legal proceedings in respect of this issue. In this case, he might find it useful to complain to the PPO who will investigate his complaint.

Will the prison read a prisoner's complaint to the PPO?

Letters to the PPO have the status of being "confidential", meaning prisoners have a right to confidential access to the Ombudsman. Confidential access mail cannot be opened or read by the prison unless there is reasonable cause to believe that its contents will endanger prison security, are criminal in nature, or that it is necessary to open them for the safety of others. It is not for the prison to decide whether or not the prisoner's complaint has sufficient merit to warrant a complaint to the PPO: that is for the prisoner to decide.

Letters to the PPO from the prisoner must be marked "Confidential Access" to ensure that it is not opened.

How can a prisoner complain to the PPO?

Complaints must usually be in writing. A prisoner can write to the PPO himself, or can instruct his solicitor to do so on his behalf.

Within what time period must a prisoner submit a complaint to the PPO?

Complaints raised more than 12 months after the event complained of will not usually be considered by the PPO, unless of course the Prison Service is responsible for the complaint not being brought within that time. The Ombudsman does have a discretion to consider out-of-time complaints if there is a good reason to.

If I want to apply for a decision made by the prison or an associated body to be judicially reviewed, must I complain to the PPO first?

No. Whilst judicial review is a remedy of last resort, the PPO is not a remedy for judicial review purposes (ex parte Leech). Prisoners are not required to go to the Ombudsman first.

The Parliamentary Ombudsman 

The Parliamentary Commissioner for Administration ("PCA"), also known as the Parliamentary Ombudsman, investigates complaints about government departments.

If a prisoner has a grievance whilst in custody, he can write to a Member of PArliament requesting that his complaint is considered by the Parliamentary Commissioner for Administration.

The complaint must be made in writing within 12 months of the event which is the subject matter of the complaint. The MP then has the power to forward the issue to the PCA if he considers that the complaint is meritorious. The PCA will then decide whether or not to investigate the matter. It will only do so if the following two conditions are met:

1. that the complaint has merit and
2. there is likely to be a worthy outcome.

If the complaint does become the subject matter of investigation, the PCA may make recommendations to the prison. If the prison refuses to follow a recommendation, the prisoner may wish to contemplate instigating judicial review proceedings against the prison.