Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to improve co-operation and joint working between individual prisons, the National Health Service, and social services.
Answered by Lord Bellamy
The NHS in England and Wales are responsible for health services within prisons, including physical and mental health provision. These services have now returned to business as usual with the full range of services that were provided pre-pandemic being offered. Prisons continue to work closely with the UK Health Security Agency (UKHSA) and Health Protection Teams to respond to communicable disease incidents and outbreaks which occur and protect the health of everyone who lives and works in them.
Together with health and justice partners, we will continue to improve services in prison to ensure that people have access to timely and effective healthcare that is tailored to their needs. This is reflected in the new National Partnership Agreement on Health and Social Care in England which was published on 23 February 2023. For the first time, the National Partnership Agreement has been expanded to include offenders in the community, delivering on our commitment to improve continuity of care and champion a system wide approach. The new agreement sets out a shared priority workplan to deliver safe, decent and effective care that improves physical and mental health outcomes for people in prison and those subject to statutory supervision by the probation service in the community. The Ministry of Justice, His Majesty’s Prison and Probation Service, Department of Health and Social Care, NHS England and the UKHSA have committed to working together and sharing accountability for delivery through our linked governance structures.
Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government what steps they are taking to improve the (1) physical, and (2) mental, health for all prisoners, given that COVID-19 is no longer a major threat.
Answered by Lord Bellamy
The NHS in England and Wales are responsible for health services within prisons, including physical and mental health provision. These services have now returned to business as usual with the full range of services that were provided pre-pandemic being offered. Prisons continue to work closely with the UK Health Security Agency (UKHSA) and Health Protection Teams to respond to communicable disease incidents and outbreaks which occur and protect the health of everyone who lives and works in them.
Together with health and justice partners, we will continue to improve services in prison to ensure that people have access to timely and effective healthcare that is tailored to their needs. This is reflected in the new National Partnership Agreement on Health and Social Care in England which was published on 23 February 2023. For the first time, the National Partnership Agreement has been expanded to include offenders in the community, delivering on our commitment to improve continuity of care and champion a system wide approach. The new agreement sets out a shared priority workplan to deliver safe, decent and effective care that improves physical and mental health outcomes for people in prison and those subject to statutory supervision by the probation service in the community. The Ministry of Justice, His Majesty’s Prison and Probation Service, Department of Health and Social Care, NHS England and the UKHSA have committed to working together and sharing accountability for delivery through our linked governance structures.
Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have, if any, to reduce the number of persons imprisoned for reasons of public protection; if so, how they will achieve this; and whether they will require that reasons for recalls to prison need additional detail rather than being classified as “other”.
Answered by Lord Bellamy
The Government is committed to the protection of the public and the effective management of offenders. Prisoners serving indeterminate sentences, both those serving life and Imprisonment for Public Protection (IPP), who have completed their tariff will be released only when the Parole Board concludes that it is no longer necessary on the grounds of public protection for them to remain confined. Where the Parole Board decide not to release the prisoner, the prisoner’s suitability for release must be considered at least every two years thereafter.
In line with the Justice Select Committee’s report into the continued existence of the IPP sentence, the Government committed to update and refresh the HM Prison and Probation Service’s IPP Action Plan, to which may be attributed the very significant numbers of IPP prisoners released for the first time in each year since 2016. The Action Plan already mandates a formal case review led by HMPPS Psychology Services for every IPP prisoner who has spent five years in prison following tariff expiry and has never been released.
The Action Plan remains the embodiment of the Government’s aim to reduce the total IPP prisoner population – that is the combined figure of those who have never been released and those returned to prison following recall. Specifically, by way of response to the Committee’s assertion that offenders serving an IPP sentence on licence in the community are being recalled unnecessarily, the Government has requested that the Chief Inspector of Probation carry out an independent thematic inspection on the proportionality of recall decisions made. In cases where ‘other’ is listed as a reason for recall, there is always at least one additional, specific reason as recorded in the published recall statistics.
Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government what guidance they provide to prisons to support the prevention of suicide in prisons in England and Wales.
Answered by Lord Bellamy
Prevention of suicide is a key priority for the Ministry of Justice. Prison Service Instruction 64/2011 on “Rules and guidance for prison staff on managing prisoners who are at risk of harm or death, or who may be a risk to others” provides overarching guidance on prison safety and supports the prevention of suicide in prisons, including through our case management approach for prisoners at risk of suicide and self-harm. The instruction sets out mandatory actions and guidance for staff, emphasising the importance of individualised support, multi-disciplinary teamwork, and identifying and addressing an individual’s risks, triggers and protective factors.
In addition, we are phasing in refreshed safety training for staff which includes suicide and self-harm prevention. In partnership with Samaritans, we have developed a suicide prevention learning tool, designed to give staff more confidence in engaging with prisoners who may be at risk of suicide. We have developed guidance on supporting someone who is self-harming, drawing on existing good practice and guidance from the NHS and third sector. This has been distributed nationally, helping to up-skill staff around the subject of self-harm and outline the importance of providing tailored, meaningful support.
We know the risk of suicide can be higher for prisoners in the early days of custody including for those held on remand. Mandatory actions and guidance for staff on the early days in custody includes the requirement to assess all prisoners of any risk that they might harm themselves on arrival. A staff toolkit helps staff to assess risk effectively and promote supportive conversations in the early days of custody.
Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to review all cases of persons held for more than five years beyond their judicial tariffs.
Answered by Lord Bellamy
The Government is committed to the protection of the public and the effective management of offenders. Prisoners serving indeterminate sentences, both those serving life and Imprisonment for Public Protection (IPP), who have completed their tariff will be released only when the Parole Board concludes that it is no longer necessary on the grounds of public protection for them to remain confined. Where the Parole Board decide not to release the prisoner, the prisoner’s suitability for release must be considered at least every two years thereafter.
In line with the Justice Select Committee’s report into the continued existence of the IPP sentence, the Government committed to update and refresh the HM Prison and Probation Service’s IPP Action Plan, to which may be attributed the very significant numbers of IPP prisoners released for the first time in each year since 2016. The Action Plan already mandates a formal case review led by HMPPS Psychology Services for every IPP prisoner who has spent five years in prison following tariff expiry and has never been released.
The Action Plan remains the embodiment of the Government’s aim to reduce the total IPP prisoner population – that is the combined figure of those who have never been released and those returned to prison following recall. Specifically, by way of response to the Committee’s assertion that offenders serving an IPP sentence on licence in the community are being recalled unnecessarily, the Government has requested that the Chief Inspector of Probation carry out an independent thematic inspection on the proportionality of recall decisions made. In cases where ‘other’ is listed as a reason for recall, there is always at least one additional, specific reason as recorded in the published recall statistics.
Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government what steps they are taking to restore a full staff level at His Majesty’s Prison Wandsworth to prevent 23-hour lock-ups, eliminate rats, and restore the operation of the prison chapel.
Answered by Lord Bellamy
As with all establishments where there is a current or future need to fill vacancies, there is a recruitment campaign open for prison officers at HMP Wandsworth. To manage vacancies, establishments are also able to cover these through payment plus (an overtime payment for prison officers). Where staffing levels are being impacted by reasons other than vacancies, including sickness and restricted duties, this is being managed by Governors in line with national policy. If any establishments feel that their staffing levels will impact on stability, they can apply for extra resource through submitting a business case to the HMPPS Operational Resource and Stability Panel.
The Senior Leadership Team at HMP Wandsworth are committed to creating a regime that will allow prisoners to spend longer out of their cells and in work and education-related activities, which is essential to effective rehabilitation.
Similarly to other London-based buildings where a large number of people live and work, HMP Wandsworth takes steps to support the control of rats and other vermin, with Rentokil (a specialist hygiene provider for prisons and police) regularly visiting to implement control measures. This is supplemented with regular cleaning parties who are deployed to keep rubbish to a minimum and focused waste management at the prison, which supports rubbish disposal of internal and external waste. The prison has also implemented a new window project to limit the ability to throw rubbish outside. These measures are underpinned by a committed focus on creating a hygienic environment for prisoners.
There is an ongoing Government Facility Services Limited project to replace the roof and refurbish the prison’s chapel. Religious services will continue to be catered for across the prison whilst the work is underway, which is due to be completed in 2024.
Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government whether the number of prison staff declined between 2009 and 2017; if so, by what percentage the number declined; and whether any such decline has since been redressed.
Answered by Lord Bellamy
The number of public sector prison staff declined from 46,889 FTE as of 31 March 2009 to 31,232 FTE as of 31 March 2017. This was a decline of 15,657 (33%).
Since then, the number of public sector prison staff has increased to stand at 35,575 FTE as of 30 September 2022; an increase of 14% since March 2017.
Over the last few years, the MoJ has invested in a number of initiatives to improve the recruitment and retention of operational and non-Operational staff across the prison estate. Whilst we face some difficulties in areas of the country where labour markets are particularly challenging, we continue to deliver recruitment marketing campaigns on a variety of channels for all prisons.
The recent pay award has been seen as a positive move to help retain and recruit new staff. We will be monitoring the impact of the 2022/23 pay award which reflects a significant investment to uplift and reform the prison pay structure. We are continuing to use localised market supplements to increase prison officer pay in 18 sites.
Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government how many prisoners are currently being confined to their cells for 23 hours a day; what assessment they have made of the impact of this practice on prisoner (1) self-harm, (2) assaults, and (3) suicides; and what plans they have to reduce the current level of confinement to address any such impacts.
Answered by Lord Bellamy
No prisons are routinely operating a 23 hour per day or similar lockdown and I refer the noble Lord to the answer I gave to question HL3355 on 29 November 2022.
Maintaining safety continues to be a priority, and where regimes are limited, we continue to prioritise the implementation of key safety interventions. This includes our case management approaches to manage the risk of self-harm and suicide (Assessment, Care in Custody, and Teamwork) and of violent behaviour (Challenge, Support and Intervention Plan), and the delivery of key work, through which prison officers provide one-to-one support for prisoners.
Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the Written Answer by Lord Bellamy on 21 November (HL3356), what plans they have to revise sentencing guidelines to indicate the importance of avoiding custodial sentences for parents of one or more small children, whenever this is practicable.
Answered by Lord Bellamy
The Sentencing Council is the independent body that has responsibility for the creation and amendment of sentencing guidelines. Accordingly, it decides on its own priorities and workplan. The noble Lord may wish to approach the Sentencing Council directly to share with them any concerns.
Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government which of His Majesty’s Prisons are still operating a 23-hour per day or similar lockdown; what are the reasons for the continued use of this practice; and what plans they have, if any, to stop this practice.
Answered by Lord Bellamy
Prisons operate regimes that are Safe, Decent, Secure, Resilient and Sustainable and most prisons are routinely operating normal regimes. Prisons will from time to time have to make difficult decisions on how they deploy limited staff resources to best facilitate activities and services using their ‘Regime Management Plans’. In the past 4 months, a small minority of prisons, including HMP Long Lartin and HMP Swaleside have had to significantly restrict their regimes for short periods due to staffing shortfalls. The Operations Stability and Resourcing Panel of HMPPS meets weekly to provide support to those prisons with the most acute resourcing pressures, where this is impacting the stability of the prison.