19/10/2022
Police Oracle
Former Prisons and Probation Ombudsman (PPO) Sue McAllister has today published her final Annual Report, covering the year 2021-22.
In the report, Ms McAllister who was the the Ombudsman from October 2018 to June 2022, highlights a number of issues.
The PPO investigates deaths of prisoners, young people in detention, offenders under probation supervision and individuals detained under immigration powers (detained individuals). The report highlights the case of Baby A, who tragically died in prison, and the case of Baby B, who was sadly stillborn in prison. At the time, these investigations were outside the PPO’s remit. The Ombudsman’s remit has now been expanded so that future neonatal deaths and stillbirths in prison or deaths of children in mother and baby units within a prison will be investigated within the PPO’s Terms of Reference. It is to be hoped that the new Ombudsman, Kimberley Bingham, does not have the need to exercise these powers any time in the foreseeable future.
Investigations into the deaths of older prisoners
The PPO started 329 investigations into deaths in 2021-22. Of these, 128 were the deaths of prisoners aged 60 or over. Older prisoners are the fastest growing cohort within the prison population in England and Wales, and the Ombudsman reiterates in her report that HM Prison and Probation Service (HMPPS) must ensure they “can access the appropriate health and social care” needed to address long-term health conditions.
The PPO also found cases where prisoners with significant care and support needs were not effectively safeguarded as shown in the case of Mr E. The PPO were concerned that staff did not seem to realise he had not been out of his cell for four days. In another example, (Mr C) Ms McAllister found that although he received a reasonable level of healthcare, his medical records were not sufficient and his transfer to a hospice was not communicated with him. The report notes: “Prisoners with care needs were left in unsafe conditions and engaged in self-neglecting behaviour without intervention.” This is a complex issue, but the input and expertise of prison, health and social care staff is required, especially with the rising elderly population.
Post-release deaths
The PPO launched a year-long pilot in September 2021 to investigate the deaths of those who die within 14 days of release from prison (except homicide). They started investigations into 25 post-release deaths in 2021-22 and their investigations have highlighted the need for strong communication between prison, probation and other agencies to meet the complex needs and support the wellbeing of people released from prison.
Complaints
A big part of the Ombudsman’s tole is the investigation of complaints made by prisoners and young people in detention, those on probation and detained individuals. The PPO received 4,442 complaints in 2021-22, 11% more than in the previous year. As in other years, the largest single group of complaints related to property.
Disappointingly, a frequently misunderstood but key aspect of a PPO investigation is considering whether the service in remit properly applied the relevant existing policies when making the decision or taking the action that led to the complaint. One such example is the case of Mr G, who transferred to another prison with his Microsoft Xbox console, which he was not allowed to have.
The PPO stated it is not fair or reasonable for prisoners to be out of pocket as a result of HMPPS failing to follow its own policy and they should resolve the inconsistencies in their approach. Sue McAllister said: “Sometimes the policies are complex or do not provide quite enough clear guidance to cover any given set of circumstances”, however, the PPO found that “sometimes local policies diverge from national policies in ways that are unhelpful.”
The report also highlights that the PPO has once again made numerous recommendations about the switching on of body worn video cameras and the importance of retaining footage. They have made their growing impatience clear to HMPPS senior leaders.
Conclusions
The report does not solely consist of negatives, though. When reflecting on the past year, Sue McAllister said that she was encouraged by some of the improvements she has led whilst in post, in particular the strengthening of relationships with other organisations including charities in the voluntary sector including the Prison Reform Trust and Revolving Doors Agency who have helped the Ombudsman engage with serving and former prisoners to get feedback on the work of the PPO.
Ms McAllister concludes by highlighting the fact that the legislation to place the PPO on a statutory footing, long awaited and important to safeguard and underline the Ombudsman’s independence, has still not been delivered.