Peter Clarke, HM Chief Inspector of Prisons, has welcomed a new
process allowing him to publicly demand urgent action by the
Secretary of State for Justice to improve jails with significant
problems.
Commenting after the Secretary of State for Justice announced a new ‘Urgent
Notification’ protocol, Mr Clarke said: “I welcome the new
‘Urgent Notification’ protocol which the Secretary of State for
Justice has announced.
“This has the potential to be an important outcome of prison
inspections, and to strengthen the role of HM Inspectorate of
Prisons. Our job is to report on the treatment and conditions
experienced by prisoners, and these new arrangements should mean
that in the most serious cases there will be an effective and
speedy response.
“In particular, I welcome the principle of transparency and
accountability underpinning this new protocol. The Secretary of
State has accepted that he and his successors will be held
publicly accountable for delivering an urgent, robust and
effective response when HMIP assesses that treatment or
conditions in a jail raise such significant concerns that urgent
action is required. The protocol requires the Secretary of State
to respond to an urgent notification letter from HM Chief
Inspector of Prisons within 28 days. The Chief Inspector’s
notification and the Secretary of State’s response will both be
published.”
Mr Clarke said HMIP supported the inclusion of measures in the
Prisons and Courts Bill to require greater accountability and
transparency in the response to HMI Prisons’ recommendations. “We
regretted the fact that the provisions in the Bill relating to
prisons were lost after the general election, but welcomed the
commitment by the Secretary of State to achieve their objectives
so far as possible without legislation.
“The Urgent Notification process announced this week is the
culmination of many months of discussions between HMIP, the
Ministry of Justice and HM Prison and Probation Service (HMPPS).”
Explaining the impact of the new arrangement, which is
incorporated into the existing protocol through which HMIP
inspects prisons, Mr Clarke added: “Whenever the new process is
invoked, we will expect swift and effective action to be taken in
response.
“However, the implementation and monitoring of improvements is a
clear responsibility of HMPPS, not the Inspectorate. HMI Prisons
will take account of a range of factors to decide when, in the
judgement of the Chief Inspector, a prison should next be
inspected. If for any reason an HMIP recommendation is not
accepted, we would expect the rationale to be explained and
published.”
Notes to Editors
Q: Was the previous system of inspections, followed by a report
and recommendations, too slow?
A: HMIP places great importance on fairness and rigorous
fact-checking in its reports, to ensure the evidence on which we
base recommendations is sound. Currently, the process from
inspection to published report takes around 18 weeks. That said,
there is nothing in the current system to prevent the leadership
of a prison, and HMPPS/MoJ, from starting to take urgent action
to address serious problems raised in an inspection. Inspectors
share their major concerns with the jail’s leadership at the end
of the inspection, supported by a written copy of the main
findings. HMIP’s concern has not been so much about the speed of
the system but rather that recommendations are either not acted
on at all, or are inadequately addressed.
Q: How will the urgent notification process work in practice?
A: The test will be whether an inspection raises significant
concerns that in the judgement of the Chief Inspector need to be
brought to the attention of the Secretary of State. That
judgement will be made after the conclusion of an inspection, and
formal notification made to the Secretary of State within 7
days. 24 hours after the letter has been sent privately, it
will be published on the HMIP website and distributed to the
media and through social media. The letter will be supported by
the end-of-inspection briefing material shared with the prison.
These notes will also be made public.
Q: Why can’t HMIP monitor work to improve a jail subject to an
urgent notification.
A: HM Inspectorate of Prisons does not have the capacity
continuously to monitor the prisons we inspect. This is the clear
responsibility of line management from HMPPS. HMIP resources are
fully committed to carrying out more than 80 inspections each
year of prisons and other places of detention.
Q: When will the prison subject to an urgent notification be
re-inspected?
A: In line with current practice, the timing of inspections will
remain a matter for the judgement of the Chief Inspector. Some
inspections may be announced, though the vast majority are
currently unannounced. The monitoring of UN action plans is a
matter for HMPPS but the action plan would, plainly, be something
HMIP looks closely at in any repeat inspection.
Q: How many urgent notifications will there be?
A: In an ideal world, there wouldn’t be any because treatment and
conditions in all our prisons would meet acceptable standards.
Sadly, though, that has not been the case in recent years and
conditions – particularly relating to prisoner safety – have
deteriorated alarmingly in some prisons. However, it is simply
not possible to predict the number of urgent notification
letters. It will depend on the circumstances in a jail and the
judgement of the Chief Inspector.
- The protocol is
available, from 30 November, at https://www.justiceinspectorates.gov.uk/hmiprisons/
