Prisons: Private Sector

(asked on 13th November 2018) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 18 September 2018 to Question 172523 on Prisons: Private Sector, what information his Department holds on individual prison custody officers approved under Section 89 of the Criminal Justice Act 1991.


Answered by
 Portrait
Rory Stewart
This question was answered on 21st November 2018

With regards to when the Ministry of Justice stopped holding data on the number of certified staff and the reasons for doing so, it may help if I explain that the MoJ has never collected this information. Whilst Section 89 of the Criminal Justice Act 1991 confirms that a Prison Custody Officer (PCO) is approved by the Secretary of State for the purpose of performing escort and custodial duties, it does not oblige the Secretary of State to collect or publish the information requested.

The Secretary of State approves PCOs for the purpose of performing escort functions or custodial duties or both and PCO’s are accordingly authorised to perform them. However, there is not a process in place whereby the Secretary of State formally issues certificates to new PCOs, and as mentioned previously, Section 89 of the Criminal Justice Act 1991 does not oblige the Secretary of State to collect or publish such information.

All staffing matters, including the responsibility for ensuring the availability of sufficiently trained and experienced staff to maintain safe and decent prisons, lies with contractors. There is no requirement in the contracts to agree staffing levels with the Ministry of Justice. Therefore, all staff working in privately managed prisons are fully certified and, as such, the figures we hold, and have provided on several occasions, include the funded posts for fully certified staff.

As you know, each privately managed prison has a full-time on-site Controller employed by HM Prison and Probation Service (HMPPS). The Controller has regular review meetings with the contractor against a range of performance indicators that will reflect numbers of staff in post, recruitment, training, sickness, and attrition. Any concerns in relation to these performance indicators are discussed at these meetings. Where action is needed, progress is monitored by the Controller and escalated within HMPPS where appropriate action can be taken in accordance with the contract. This may include a requirement for urgent improvement and/or financial deductions.

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