Asked by: Baroness Redfern (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the Annual Report of the Independent Monitoring Board at HMP/YOI Feltham, published on 12 March; and in particular, the finding that violence in classrooms and workshops has made young prisoners reluctant to attend education and rehabilitation sessions.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
We are grateful to the Independent Monitoring Board for its report, and for the vital work its members undertake to monitor the welfare of prisoners, to ensure that they are properly cared for. The report comments on the impact of staffing challenges affecting the regime at both HM/YOI Feltham A (young people under 18) and HMP/YOI Feltham B (adults and young adults over 18), as well as on the suitability of the education programmes available.
Since the end of the period covered by the Independent Monitoring Board’s report (1 September 2022- 31 August 2023), the staffing position at Feltham A has improved, and it now has the resources in place to provide a safe and productive regime for young people, with increased time-out-of-room.
The Youth Custody Service (YCS) has commissioned a resource review across all four public sector young offender institutions, to explore opportunities to make better use of the staff available in the current operating environment. This includes looking at the balance between management and frontline supervisory staff. The first review was at Feltham A in 2023, and a delivery plan following this review will be implemented shortly. The YCS will monitor the impact of this on service delivery. Support is also being provided at Feltham A to aid staff retention; sickness absence monitoring, with appropriate support, is a feature of regular management oversight.
The report of an Independent Review of Progress at Feltham B, conducted by HM Inspectorate of Prisons in January 2024, found that the prison had made reasonable progress in relation to encouraging positive behaviour. In addition, following a resource and risk assessment review, improved arrangements for purposeful activity are being put in place, to support the aim of reducing re-offending and increasing readiness for work, to help prisoners to gain employment upon release.
Asked by: Earl Attlee (Conservative - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government whether prison canteens are permitted to sell materials that could be used to manufacture offensive weapons that could cause serious facial disfigurement.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
Many everyday necessities can be adapted and misused as weapons. Deciding which items should be made available therefore involves striking a balance between considerations of safety and decency.
Establishments select their local canteen list from items in the National Product List. They make their selection on the basis of a dynamic local risk assessment, taking into account a range of factors, notably security, safety, and prisoner needs.
The Government is committed to making prisons a safe place to work and recognises the risks associated with prisoners’ access to everyday items, including wet-shave razors. In our 2021 Prisons Strategy White Paper, we committed ourselves to trialling alternatives to wet-shave razors in prisons, to determine whether a change in approach might lead to a safer environment for both prisoners and staff. Throughout 2022 and 2023, six pilots have been carried out in the male estate and one in the female estate. Testing at all sites has now concluded and the results are being evaluated. The evaluation, which is nearing completion, will enable us to make informed recommendations on future shaving provision in prison establishments.
Asked by: Janet Daby (Labour - Lewisham East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the HM Chief Inspector of Prisons publication entitled Report on an unannounced inspection of HMYOI Wetherby by HM Chief Inspector of Prisons (20 November – 7 December 2023), published on 5 March 2024, what assessment he has made of the causes of levels of self-harm by female inmates.
Answered by Edward Argar - Minister of State (Ministry of Justice)
In 2021, the Youth Custody Service and NHS England co-commissioned the Centre for Mental Health to undertake a review into the needs of girls in the children and young people secure estate.
The report found that trauma-related stress is then communicated differently by boys and girls. More often, girls communicated stress through internalising behaviours such as self-harm, and boys through externalising behaviours.
Any girl in the secure estate who is at risk of self-harm will be supported through the Assessment, Care in Custody and Teamwork (ACCT) process, ensuring she has a dedicated case manager, and girls with the most complex needs will receive additional monitoring and more intensive case management.
Asked by: Janet Daby (Labour - Lewisham East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the HM Chief Inspector of Prisons publication entitled Report on an unannounced inspection of HMYOI Wetherby by HM Chief Inspector of Prisons (20 November – 7 December 2023), published on 5 March 2024, what assessment he has made of the quality of risk assessments completed by resettlement practitioners.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Following the previous inspection of HMYOI Wetherby, additional emphasis was placed on resettlement work. This has resulted in improved outcomes for children and young people in our care. HM Inspectorate’s latest report notes that children and 18-year-olds received good support from resettlement practitioners (RPs) and the social workers who worked with them, and Home Detention Curfew (HDC), transitions, parole and early release processes were managed well.
The Head of Resettlement at HMYOI Wetherby will lead improvement in the quality and consistency of risk-assessment work by RPs, by undertaking the following actions:
Asked by: Janet Daby (Labour - Lewisham East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the HM Chief Inspector of Prisons publication entitled Report on an unannounced inspection of HMYOI Wetherby by HM Chief Inspector of Prisons (20 November – 7 December 2023), published on 5 March 2024, what assessment he has made of the potential implications for his policies of the finding that some separated children receive 30 minutes a day out of their cell at HMYOI Wetherby.
Answered by Edward Argar - Minister of State (Ministry of Justice)
HM Inspectorate’s report explains that the key reason for differences in length of time out of room, was whether children could mix with other children. The Youth Custody Service (YCS) will aim to reduce the length of time for which children at HMYOI Wetherby are separated, and improve the regime provided for them, by introducing new guidance which will make for a consistent approach to carrying out Rule 49 (Removal from association) reviews. A psychologist will provide timely short-term assessments of risk and need, to support efficient reintegration at the earliest opportunity.
The YCS will seek to ensure that reintegration planning commences at the point of separation, and includes input from all key areas, to ensure the child is provided with a purposeful regime including education, gymnasium, wing-based activities and psychology.
We will improve the education provision for all children, and the charity Kinetic Youth will be involved in enhancing provision for separated children.
Asked by: Janet Daby (Labour - Lewisham East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to HM Chief Inspector of Prisons' publication entitled Report on an unannounced inspection of HMYOI Wetherby (20 November - 7 December 2023), published on 5 March 2024, what steps he is taking to reduce rates of self-harm at HMYOI Wetherby.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Youth Custody Service (YCS) will review the support available to all those placed at HMYOI Wetherby, ensuring that the placement of any child in the secure estate is needs-led, and is in the child’s best interests. It will also develop gender-specific guidance on the care of girls in the establishment.
All residents at HMYOI Wetherby will be allocated an appropriate Custody Support Plan Officer, and will receive support sessions following any significant events.
Any child who is at risk of self-harm will be supported through the Assessment, Care in Custody and Teamwork (ACCT) process, ensuring that he or she has a dedicated case manager; and those with the most complex needs will receive additional monitoring and more intensive case management. The weekly Safety Intervention Meeting will discuss any acts of self-harm, or violence, and appropriate actions to support the children concerned will be included in the safety action plan.
Asked by: Lord Woodley (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many prisoners serving an imprisonment for public protection sentence (1) took their own life, or (2) died from other causes, in 2023.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
Every death in custody is a tragedy and we continue to do all we can to improve the safety of prisoners
We have implemented a revised version of the Assessment, Care in Custody and Teamwork (ACCT) case management approach across the prison estate which is used to support people at risk of suicide or self-harm in prison. Revisions in ACCT v6 include: a stronger emphasis on taking a person-centred approach; better multi-disciplinary team working; a consistent quality assurance process and an improved focus on identifying and addressing an individual’s risks, triggers and protective factors.
To support the implementation of ACCT v6 we are developing and introducing a new safety training package for staff (called Safety Support Skills training). It brings together related safety topics, including suicide and self-harm prevention, understanding risks, triggers and protective factors, and encourages a joined-up approach to prison safety.
We have also worked with Samaritans to develop a postvention response to providing support in the period following a self-inflicted death in order to reduce the risk of further deaths. This has been implemented across the adult male estate, and the roll out of an adapted version of the approach in the women’s estate will shortly be completed. Our grant to Samaritans includes funding for this service to be maintained until March 2025.
In 2023, 17 prisoners serving an imprisonment for public protection sentence died in custody, 9 of these were classified as self-inflicted deaths.
(1) Deaths in prison custody figures include all deaths of prisoners arising from incidents during prison custody. They include deaths of prisoners while released on temporary license (ROTL) for medical reasons but exclude other types of ROTL where the state has less direct responsibility.
(2) An indeterminate sentence of Imprisonment for Public Protection (IPP) was introduced in 2005. It was intended for high risk prisoners considered ‘dangerous’ but whose offence did not merit a life sentence. The number of prisoners held on this sentence increased initially and the increase was offset by reductions elsewhere
(3) Figures include incidents at HMPPS run Immigration Removal Centres and during contracted out escorts. Figures do not include incidents at Medway STC
(4) The self-inflicted deaths category includes a wider range of deaths than suicides. When comparing figures with other sources it is important to determine whether the narrower suicide or broader self-inflicted deaths approach is in use.
Data Sources and Quality
These figures are derived from the HMPPS Deaths in Prison Custody database. As classification of deaths may change following inquest or as new information emerges, numbers may change from time to time.
Please note that all deaths in prison custody are subject to a coroner’s inquest. It is the responsibility of the coroner to determine the cause of death. The HMPPS system for classifying deaths provides a provisional classification for administrative and statistical purposes. The final classification is only determined at inquest. Figures dependent on classification of deaths should therefore be treated as provisional.
It remains a priority for this Government that all those serving the IPP sentence receive the support they need to progress towards safe release from custody or, where they are being supervised on licence in the community, towards having their licence terminated altogether. In that respect, the Lord Chancellor, announced on 28 November 2023, this Government is taking changes forward in the Victims and Prisoners Bill to reform legislation relating to the termination of the licence for IPP offenders by making amendments to section 31A of the Crime (Sentences) Act 1997.
The new measure, subject to the views of Parliament, will:
a. reduce the qualifying period which triggers the duty of the Secretary of State to refer an IPP licence to the Parole Board for termination from ten years to three years;
b. include a clear statutory presumption that the IPP licence will be terminated by the Parole Board at the end of the three-year qualifying period;
c. introduce a provision that will automatically terminate the IPP licence two years after the three-year qualifying period, in cases where the Parole Board has not terminated the licence, so long as the offender is not recalled in that period; and
d. introduce a power to amend the qualifying period by Statutory Instrument;
The Government was particularly persuaded by the Justice Select Committee’s (JSC) recommendation to reduce the qualifying licence period from 10 years to five years – a recommendation in their IPP inquiry report published on 28 September 2022. We are going further: reducing the period to three years. These amendments will restore greater proportionality to IPP sentences by reducing the qualifying period to three years and providing a clear pathway to a definitive end to the licence and, therefore, the sentence.
The safety workstream will actively support Prisons to deliver improvements to safety of those serving an IPP sentence. We plan to;
• Continue to raise staff awareness of the heightened risk of self-harm, suicide and violence of IPP prisoners.
• Monitor, analyse and share any changing or emerging trends in published IPP prisoner data to inform and update guidance where appropriate
• Share internal and external learning, initiatives and communications to inform and enable prisons to support IPP prisoners at risk of self-harm, suicide and violence.
• Develop and pilot a IPP safety toolkit, based on positive practice, to support prisons to improve their approach to IPP prisoners and encourage local innovation.
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of staff safety at prisons operated by HM Prison Service.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Prison Officers are some of our finest public servants, and we do not underestimate the challenges faced by everyone working in prisons. We will not tolerate any violence against prison officers – staff must be able to expect a safe and decent work environment.
We are committed to making prisons a safe place to work and providing prison officers with the right support, training and tools to empower them to do their jobs. To protect staff and prisoners in very serious assaults, we have rolled out PAVA – a synthetic pepper spray – for use by prison officers in the adult male estate. Staff are able to use the PAVA spray where there is serious violence or an imminent or perceived risk of it.
We have rolled out a new Body Worn Video Camera system which has increased the overall number of cameras across public sector prisons to over 13,000. This enables every operational band 3-5 officer on shift to wear a camera. The cameras will provide high-quality evidence to support prosecutions against prisoners who commit assaults.
We continue to take action to strengthen the frontline. Between the end of December 2022 to the end of September 2023, the number of prison officers has increased from 21,632, to 23,058 FTE an extra 1,426 additional Full Time Equivalent (FTE) band 3-5 prison officers.
Asked by: Lord Watson of Invergowrie (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what steps they are taking to ensure that practitioners involved in the transportation of children and young people have access to (1) training, (2) supervision, (3) support, and (4) reporting procedures, to assist them in reducing the use of restraint during transportation.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The most recent Prisoner Escort and Custody Services (PECS) procurement process, which covers securely moving both adults and children, commenced in August 2020 and runs for ten years. This contract covers a range of services including secure transportation between prisons, police stations and other named places of detention and courts as well as transportation of prisoners between prison establishments and includes transition moves from the youth to adult estate.
The Criminal Justice Act 1991 (as amended) and section 12 and Schedule 2 of the Criminal Justice and Public Order Act 1994 as amended by the 2007 offender management act, covers staffing requirements for moving children. All suppliers must demonstrate their technical and professional ability to deliver services, including compliance with the Equality Act 2010, as well as a sound economic and financial standing during any procurement process.
Requirements for the supplier to implement behavioural management policies are included within the PECS contract outlines and cover Human rights, where use of restraint may be applicable and a requirement that any use is reported. There is an expectation that mechanical restraints would not be routinely used for children unless a risk assessment confirms they are necessary.
The PECS suppliers are required to adhere to Prison Service Instructions covering the use of restraint, and their Standard Operating Procedures, training and supervision will be structured around these policy documents. Further to this the PECS contract requires suppliers to have a programme of development and refresher training for their staff which includes training for dealing with young people. Suppliers are also required to review any use of force and ensure that any appropriate lessons are learned, shared and implemented.
Asked by: Lord Watson of Invergowrie (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what steps they are taking to ensure that businesses that wish to establish secure transportation services for children and young people have in place behavioural management policies that set out (1) how children and young people’s human rights can be protected; (2) the conditions for the use of restraint during transportation; and (3) the official reporting procedures that are in place in case of restraint being used.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The most recent Prisoner Escort and Custody Services (PECS) procurement process, which covers securely moving both adults and children, commenced in August 2020 and runs for ten years. This contract covers a range of services including secure transportation between prisons, police stations and other named places of detention and courts as well as transportation of prisoners between prison establishments and includes transition moves from the youth to adult estate.
The Criminal Justice Act 1991 (as amended) and section 12 and Schedule 2 of the Criminal Justice and Public Order Act 1994 as amended by the 2007 offender management act, covers staffing requirements for moving children. All suppliers must demonstrate their technical and professional ability to deliver services, including compliance with the Equality Act 2010, as well as a sound economic and financial standing during any procurement process.
Requirements for the supplier to implement behavioural management policies are included within the PECS contract outlines and cover Human rights, where use of restraint may be applicable and a requirement that any use is reported. There is an expectation that mechanical restraints would not be routinely used for children unless a risk assessment confirms they are necessary.
The PECS suppliers are required to adhere to Prison Service Instructions covering the use of restraint, and their Standard Operating Procedures, training and supervision will be structured around these policy documents. Further to this the PECS contract requires suppliers to have a programme of development and refresher training for their staff which includes training for dealing with young people. Suppliers are also required to review any use of force and ensure that any appropriate lessons are learned, shared and implemented.