Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what oversight process is in place for private prison operators following deaths in prison.

HM Prison and Probation Service (HMPPS) does not impose penalties for deaths in custody. We do, however, monitor and assure the use of the Assessment, Care in Custody and Teamwork (ACCT) case management procedures for prisoners identified as being at risk of self-harm or suicide.

All prisons are required to comply with chapter 12 of PSI 64/2011, which sets out the required action following a death in custody. All such deaths are independently investigated by the Prisons and Probation Ombudsman (PPO) and subject to an inquest. All prisons, including those that are privately managed, are required to respond to PPO recommendations and any Prevention of Future Deaths (PFD) reports issued by Coroners.

Privately managed prison performance is closely monitored by robust contract management processes. Each privately managed prison has an on-site controller, employed by HMPPS. Controllers, together with regional contract managers review performance against indicators set out in the contract. Any improvement action identified may include a requirement for urgent improvement and/or financial deductions. The controller will monitor the provider’s actions when there is a death in custody and the provider’s compliance with any actions set out in responses to PPO reports and/or PFD reports from Coroners. In the event there were serious failings highlighted at the prison, the Authority would look to manage the Contractor’s poor performance through utilising the appropriate contractual levers.