If a prisoner has a complaint about something to do with prison life, initially, he should take it up with the prison itself.
The prison service has its own complaints procedure, which is governed by PSI 02/2012. The PSI can be found here: http://www.justice.gov.uk/offenders/psis/prison-service-instructions-2012
PSI 02/2012, 1.3 explains:
"An effective system for dealing with prisoner complaints underpins much of prison life. It helps to ensure that the Prison Service meets its obligation of dealing fairly, openly and humanely with prisoners. It also helps staff by instilling in prisoners greater confidence that their needs and welfare are being looked after, reducing tension and promoting better relations. A prison’s equilibrium is more likely to be maintained if prisoners feel they have an accessible and effective means of making a complaint, an outlet for their grievances and confidence that their complaints will be considered properly, with reasons given for decisions."
PSI 02/2012, 1.6 states that this policy relating to complaints is:
"...to ensure that staff can devote more attention to providing quality replies. Time invested in providing full and meaningful replies will pay off later, as the prisoner is more likely to be satisfied with the response and therefore less likely to take the matter to further stages. This will apply particularly where the complaint is not being upheld; even if a prisoner does not get the answer they hoped for, a proper explanation of the reasons will reduce the likelihood of the matter being taken further."
The prison service has its own complaints procedure, which is governed by PSI 02/2012. The PSI can be found here: http://www.justice.gov.uk/offenders/psis/prison-service-instructions-2012
PSI 02/2012, 1.3 explains:
"An effective system for dealing with prisoner complaints underpins much of prison life. It helps to ensure that the Prison Service meets its obligation of dealing fairly, openly and humanely with prisoners. It also helps staff by instilling in prisoners greater confidence that their needs and welfare are being looked after, reducing tension and promoting better relations. A prison’s equilibrium is more likely to be maintained if prisoners feel they have an accessible and effective means of making a complaint, an outlet for their grievances and confidence that their complaints will be considered properly, with reasons given for decisions."
PSI 02/2012, 1.6 states that this policy relating to complaints is:
"...to ensure that staff can devote more attention to providing quality replies. Time invested in providing full and meaningful replies will pay off later, as the prisoner is more likely to be satisfied with the response and therefore less likely to take the matter to further stages. This will apply particularly where the complaint is not being upheld; even if a prisoner does not get the answer they hoped for, a proper explanation of the reasons will reduce the likelihood of the matter being taken further."
When do prisoners become informed of the complaints system?
Prisoners must be informed about the complaints procedures during the ‘early days’ stages of their time in custody (PSI 02/2012, 2.1.2).
Prisoners must be informed about the complaints procedures during the ‘early days’ stages of their time in custody (PSI 02/2012, 2.1.2).
What are the correct forms to be used when making a written complaint?
- Form COMP 1 is for complaints and;
- Form COMP 1A is for appeals.
These forms should be readily available in the prison.
If a prisoner has a complaint about the way an adjudication was conducted, should he use the complaints system (i.e Form COMP 1 and COMP 1A)?
No. If an individual wishes to review an adjudication decision, the policy which applies is PSI 47/ 2011.
No. If an individual wishes to review an adjudication decision, the policy which applies is PSI 47/ 2011.
Can individuals be punished for complaining?
Not lawfully. PSI 02/2012, 2.1.1 specifically provides for this:
"It is a fundamental principle of any complaints system that it should be easy to make a complaint. All prisoners should know how to make a formal complaint and have ready access to the means to do so. Complaint forms must be made freely available to prisoners on the wing near the place where the box for the receipt of completed forms is situated. Prescribed complaint forms, for ordinary complaints (Form COMP 1) and appeals (Form COMP 1A) must be available. Complaint boxes must be located in a prominent position, but not directly outside wing offices. Complaint boxes must be emptied daily (excluding weekends and public holidays) by a designated member of staff who is not a residential officer on the wing."
Not lawfully. PSI 02/2012, 2.1.1 specifically provides for this:
"It is a fundamental principle of any complaints system that it should be easy to make a complaint. All prisoners should know how to make a formal complaint and have ready access to the means to do so. Complaint forms must be made freely available to prisoners on the wing near the place where the box for the receipt of completed forms is situated. Prescribed complaint forms, for ordinary complaints (Form COMP 1) and appeals (Form COMP 1A) must be available. Complaint boxes must be located in a prominent position, but not directly outside wing offices. Complaint boxes must be emptied daily (excluding weekends and public holidays) by a designated member of staff who is not a residential officer on the wing."
Is there a time limit for making a complaint?
Complaints should normally be submitted within three months of the incident or circumstances which give rise to the complaint, or the date on which they became known to the prisoner (PSI 02/2012, 2.1.4). There is some room for complaints made outside this limitation period to be considered, however, the circumstances must be exceptional. Exceptional circumstances include if there is a good reason for the delay, or if the subject matter of the complain is to serious that overriding the time limit is justifiable.
Complaints should normally be submitted within three months of the incident or circumstances which give rise to the complaint, or the date on which they became known to the prisoner (PSI 02/2012, 2.1.4). There is some room for complaints made outside this limitation period to be considered, however, the circumstances must be exceptional. Exceptional circumstances include if there is a good reason for the delay, or if the subject matter of the complain is to serious that overriding the time limit is justifiable.
Can an individual make a complaint in a language other than English?
Yes. PSI 02/2012, 2.1.5 provides:
"Prisoners who do not have a good grasp of the English language may be allowed to submit a complaint in their own language if they wish. The complaint, the reply and any subsequent stage may require translation, which will necessarily take longer than normal. Complaint forms and the short and long version text leaflets for prisoners are available on the Intranet in 19 foreign languages."
Yes. PSI 02/2012, 2.1.5 provides:
"Prisoners who do not have a good grasp of the English language may be allowed to submit a complaint in their own language if they wish. The complaint, the reply and any subsequent stage may require translation, which will necessarily take longer than normal. Complaint forms and the short and long version text leaflets for prisoners are available on the Intranet in 19 foreign languages."
If a prisoner is frightened about repercussions, can he make a complaint in confidence?
Yes. PSI 02/2012, 2.1.7 states:
"The ordinary and confidential access complaint forms also include a box for the prisoner to tick if the complaint is about violence, including threats or intimidation."
Yes. PSI 02/2012, 2.1.7 states:
"The ordinary and confidential access complaint forms also include a box for the prisoner to tick if the complaint is about violence, including threats or intimidation."
Can prisoners complain about members of staff?
Yes.
Yes.
How should responses to complaints be?
Responses must address the issues raised in the complaint. PSI 02/2012, 2.2.1 says:
"Complaint responses must address the issues raised. The answer is being given on behalf of NOMS, and not simply from the individual who is replying or their functional area. The complaint must therefore be answered by someone who is capable of providing an adequate and meaningful reply, and others must be consulted before replying where necessary."
Responses must address the issues raised in the complaint. PSI 02/2012, 2.2.1 says:
"Complaint responses must address the issues raised. The answer is being given on behalf of NOMS, and not simply from the individual who is replying or their functional area. The complaint must therefore be answered by someone who is capable of providing an adequate and meaningful reply, and others must be consulted before replying where necessary."
Furthermore, PSI 02/2012, 2.2.4 expressly states that responses should always be:
- polite, and as positive as possible in the circumstances;
- legible and take account of any individual needs of the prisoner;
- based on accurate and up-to-date information.
and responses should avoid being:
- abrupt or confrontational;
- rushed without adequate investigation;
- vague or dismissive.
What happens if the complaint is upheld?
The problem must be put rectified and where necessary consideration must be given as to whether an apology is appropriate.
What if a complaint is not upheld?
The prisoner must be given an explanation of the reason for not upholding it.
The prisoner must be given an explanation of the reason for not upholding it.
Can a prisoner appeal an answer given in response to the complaint?
Yes, using the Form COMP 1A. This should be submitted within 7 calendar days of the prisoner having received the initial response. Prisoners must receive a response to their appeal within 5 working days of the appeal being logged.
Yes, using the Form COMP 1A. This should be submitted within 7 calendar days of the prisoner having received the initial response. Prisoners must receive a response to their appeal within 5 working days of the appeal being logged.
Are there any other ways to "appeal" or otherwise remedy a response to a complaint?
Yes.
Yes.
Civil actions against the National Offender Management Service: individuals considering any form of legal action should consult a solicitor.
Judicial Review: as above, if a prisoner wants advice as to whether Judicial Review would be appropriate, he should consult a solicitor.
Private prosecutions: most prisoners will have been prosecuted by way of a public prosecution. After being charged at the police station, an information or charge will have been laid before a magistrate. The prosecution will then have been taken out of the police officer's hands and taken over by the Crown Prosecution Service. A private prosecution, on the other hand, is a prosecution which is commenced by a private citizen who may apply to the court himself for a summons to commence the proceedings.
Petitions to the Queen: every subject of the Queen has constitutional right to petition the Queen. All prisoners, whether British subjects or not, should be allowed to petition the Queen if they wish. A petition to the Queen should normally be written on letter paper and should be submitted to the Deputy Director of Custody. If the prisoner insists on sending it direct to the Queen, he or she should be allowed to do so. Further information about petitions to the Queen can be found here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nisec1prosec/petitionstothequeen?view=Binary
Petitions to Parliament: every prisoner is entitled to petition Parliament. This can be done through a Member of Parliament.
The Criminal Cases Review Commission: the CCRC is responsible for investigating suspected miscarriages of criminal justice in England, Wales and Northern Ireland. It is a last resort, therefore it cannot normally consider any case until it has been through the appeal system. Prisons should hold information on the CCRC and to how to apply.
The Criminal Injuries Compensation Authority: the CICA considers applications for payments of compensation from applicants who have sustained injury directly attributable to a crime of violence.
European Court of Human Rights: A prisoner or his or her representative may submit an application to the European Court of Human Rights concerning any aspect of his or her treatment in prison. The Court will not generally deal with an application until a prisoner has exhausted the available domestic remedies, therefore all other avenues of appeal must be considered first. Application packs can be found here: http://www.echr.coe.int/ECHR/EN/Header/Applicants/Apply+to+the+Court/Application+pack/
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