Ministry of Justice: Contracts

(asked on 15th July 2022) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department has an agreed staffing level for contracts.


Answered by
Simon Baynes Portrait
Simon Baynes
This question was answered on 25th July 2022

The Ministry of Justice (MoJ) does not mandate minimum staffing levels for privately managed prisons as staffing is the responsibility of the contract operators who will be responsible for operational delivery within those prisons. Staffing levels are specific to each individual prison and competition, and each contract provider’s individual operating model.

However, as part of the procurement exercise for any privately managed prison and, prior to the award of the contracts for Five Wells, Fosse Way and all other prisons competed under the Prison Operator Services Framework (including any expiring PFI prison such as HMP Lowdham Grange), we robustly scrutinise all aspects of each bid. This includes a rigorous assessment of their resourcing model to test its resilience and ability to deliver the regime they propose, and to deliver a safe, decent and secure operating environment at all times.

These agreed staffing levels are contractualised and we hold bidders to account to them. The amount of detail and information about staffing, including numbers and grades of staff, in the new contracts is significantly improved from the old style PFI contracts. These new contracts include HMP Five Wells, HMP Fosse Way and any other prison that is competed under the Prison Operator Services Framework (including any expiring PFI prison such as HMP Lowdham Grange). Staffing levels are monitored against those contained in the contract as Management Information (MI), not as a KPI.

Each year the contract operator is required to show how it will provide the Custodial Service and Sustainability Requirements in the Annual Custodial Service Delivery Plan. As part of this, an Annual Resourcing Plan is drawn up, highlighting any departure from the Plan for the preceding Contract Year and giving reasons for such departure. This must be approved by HMPPS.

The approach taken through the competitions ensures that staffing levels contained in the contract deliver the service and maintain a safe, decent, and secure operating level. Management throughout the life of the contracts against that resource model is undertaken by HMPPS and MoJ Commercial contract management teams who continually assess the capability of the operator, taking action if the operator should fail to deliver in accordance with the Contract.

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