Recommendations & Conclusions
18 items
2
Conclusion
15th Report - Prison estate capacity
Accepted
MoJ’s and HMPPS’s plans to deliver the remaining 14,000 places by 2031 are still fraught with risk and uncertainty. MoJ and HMPPS acknowledge that they have not delivered prison places on time. We accept that they faced several challenges expanding the estate, such as dealing with environmental regulations and site–specific …
Government response. The government agrees and outlined specific processes for assuring the realism of plans, including Quantitative Schedule Risk Analysis and various monitoring forums. It also detailed plans to secure planning permission via the Crown Development Route (expected spring 2025) and develop …
HM Treasury
3
Conclusion
15th Report - Prison estate capacity
Accepted
Despite releasing thousands of prisoners early, MoJ forecasts it will run out of capacity again in early 2026. According to its central prison population forecast, MoJ will run out of places again in 2026, and be short of 5,400 prison places by November 2027. Consequently, HMPPS is entirely reliant on …
Government response. The government agrees and commits that HMPPS will provide an update within two months of the Sentencing Review's next phase (spring 2025), detailing the impact on prison place shortage and mitigation, and reporting on the maintenance backlog, including fire safety …
HM Treasury
4
Recommendation
15th Report - Prison estate capacity
Accepted
The prison capacity crisis has led to decisions and inefficiencies which represent poor value for money. Maintaining and making best use of the existing prison estate represents better value than building new places. However, capacity constraints mean that MoJ and HMPPS are unable to make cost–effective decisions. For example, HMPPS …
Government response. The government states the recommendation is implemented, explaining that it already estimates Criminal Justice System costs due to prison capacity pressures through internal forecasting and modelling, and publicly released a 10-year capacity strategy on 11 December 2024 which included cost …
HM Treasury
6
Conclusion
15th Report - Prison estate capacity
Accepted
MoJ’s and HMPPS’s main focus has been on managing the capacity crisis rather than rehabilitating offenders to reduce reoffending. In 2020, the previous Public Accounts Committee reported that HMPPS was operating hand to mouth by reacting to immediate crises. This remains the case. MoJ’s demand and supply forecasts assume high …
Government response. The government agrees to provide an update to the Committee after the Independent Sentence Review publishes its final report, outlining its plans to improve the rehabilitative environment, implications for probation and community support, and how impacts will be monitored and …
HM Treasury
1
Conclusion
15th Report - Prison estate capacity
Accepted
On the basis of a report by the Comptroller and Auditor General, we took evidence from the Ministry of Justice (MoJ) and HM Prison and Probation Service (HMPPS) on their progress in expanding the prison estate.1
Government response. The government agreed with what it perceived as the committee's recommendation, committing to actively adapting processes for the 20,000 prison place programmes, capturing lessons learned quarterly, and reviewing its Lessons Learned Strategy bi-annually, with the next review in October 2025.
HM Treasury
7
Conclusion
15th Report - Prison estate capacity
Accepted
In 2021, MoJ had planned to deliver three of its new prisons by 2026, despite having no planning permission in place.18 It also told us it factored in just 26 weeks to gain approvals, even though sites were not earmarked in local plans.19 We challenged MoJ on whether it felt …
Government response. The government states the recommendation was implemented in April 2025 and refers to the re-baselining exercise, monthly monitoring meetings, and the use of the Crown Development Route for planning permission.
HM Treasury
8
Conclusion
15th Report - Prison estate capacity
Accepted
We asked HMPPS why the costs of its Rapid Deployment Cells (RDCs) had risen so significantly.25 HMPPS said that increases were due to three factors: design changes as it developed its understanding of what was needed; site–specific costs due to unforeseen issues such as asbestos; and nutrient neutrality regulations, which …
Government response. The government states the recommendation was implemented in April 2025 and refers to the re-baselining exercise, monthly monitoring meetings, and the use of the Crown Development Route for planning permission.
HM Treasury
9
Recommendation
15th Report - Prison estate capacity
Accepted
In December 2024, MoJ published its 10–year capacity strategy which set out its plans to deliver the remaining 14,000 prison places by 2031.29 The majority of the remaining places will come from four new prisons (6,500) and additional houseblocks (6,400), with a further 1,100 from Rapid Deployment Cells and around …
Government response. The government states the recommendation was implemented in April 2025 and refers to the re-baselining exercise, monthly monitoring meetings, and the use of the Crown Development Route for planning permission.
HM Treasury
10
Conclusion
15th Report - Prison estate capacity
Accepted
We asked HMPPS whether it was certain that it could meet the revised deadline.32 HMPPS told us that while it could not give absolute assurance that it would deliver to schedule, it had built contingency into its timelines to allow for factors outside of its control. It explained that this …
Government response. The 20,000 prison place programmes undertook a robust re-baselining exercise between December 2023 and December 2024 using Quantitative Schedule Risk Analysis alongside Reference Class Forecasting methodology.
HM Treasury
11
Conclusion
15th Report - Prison estate capacity
Accepted
HMPPS also acknowledged that while 95% of the remaining places had outline planning permission, permission for one of its new prisons, Garth, is currently under judicial review.35 MoJ and HMPPS explained that they are relying on proposed policy changes to how government approves planning permission through the Crown Development Route …
Government response. The MoJ and HMPPS will seek to secure planning permission through the Crown Development Route, expected to come into force in spring 2025 where appropriate, and notes the revised National Planning Policy Framework places significant weight on new public service …
HM Treasury
12
Conclusion
15th Report - Prison estate capacity
Accepted
HMPPS explained that the collapse of ISG, one of its main contractors which entered administration in September 2024, had been challenging, but that expected delays were already factored into its revised timelines.37 However, it noted that this was based on its assumptions about potential delays. It told us that ISG …
Government response. The 20,000 prison place programmes undertook a robust re-baselining exercise between December 2023 and December 2024 using Quantitative Schedule Risk Analysis alongside Reference Class Forecasting methodology.
HM Treasury
18
Conclusion
15th Report - Prison estate capacity
Accepted
We asked MoJ if it has assessed the costs of needing to deliver prison places so urgently, such as paying contractors more to take on a higher level of risk.62 MoJ said it had not and indicated this could be difficult to disaggregate. It conceded that needing to do things …
Government response. The MoJ estimated costs to the Criminal Justice System through internal forecasting and modelling processes, including the additional costs as a result of the acute issues in responding to prison capacity. The MoJ will continue to monitor these costs and …
HM Treasury
20
Conclusion
15th Report - Prison estate capacity
Accepted
HMPPS told us that operating at 99% occupancy creates inefficiencies in the estate and wider justice system. For example, it explained that prisoners often arrive in the wrong part of the estate or wrong part of the country. This means that prisoners often arrive late at night and it also …
Government response. HMPPS recognises the challenges that capacity pressures have on providing a safe environment. They have evaluated the impact of prisoners living in overcrowded prison cell conditions and monitor safety data and prison performance.
HM Treasury
21
Conclusion
15th Report - Prison estate capacity
Accepted
The adult male estate was operating at 98.0% to 99.7% occupancy between October 2022 and August 2024, with many prisons severely overcrowded.71 HMPPS confirmed that around a quarter (23.6%) of prisoners are sharing cells designed for one person, often with an open toilet.72 The Howard League for Penal Reform provided …
Government response. HMPPS recognises the challenges that capacity pressures have on providing a safe environment. They have evaluated the impact of prisoners living in overcrowded prison cell conditions and monitor safety data and prison performance.
HM Treasury
22
Conclusion
15th Report - Prison estate capacity
Accepted
We asked HMPPS what it was doing to keep prisoners safe in the context of prisons being so overcrowded.75 It explained that it had introduced three “red lines” which it had stuck to rigidly. These included: keeping at least 1,500 cells that require fire maintenance out of use so that …
Government response. HMPPS recognises the challenges that capacity pressures have on providing a safe environment. They have evaluated the impact of prisoners living in overcrowded prison cell conditions and monitor safety data and prison performance.
HM Treasury
23
Conclusion
15th Report - Prison estate capacity
Accepted
Several stakeholders provided written evidence on how crowding and capacity pressures are impacting health and drug treatment in prisons.78 For example, HM Inspectorate of Prisons (HMIP) noted that the strain at some reception prisons are under means that prisoners do not always receive the required health assessments or safety interviews. …
Government response. Action is underway to improve delivery through the national regime model which mandates prisons to set out their planned delivery, against the agreed national priorities which for 2025-26 specifically asks prisons to focus on increasing the quantity and quality of …
HM Treasury
25
Recommendation
15th Report - Prison estate capacity
Accepted
We asked MoJ what it had done to understand the impact of the crisis on prisoners and prisoner outcomes.82 MoJ said that the fact it had managed to continue running such a full estate was a testament to the huge efforts of its staff and those in the wider justice …
Government response. The government has mandated prisons to set out planned delivery against agreed national priorities, including increasing the quantity and quality of purposeful and rehabilitative activity, and is implementing a substantial evaluation programme to understand the impact of initiatives and programmes …
HM Treasury
26
Recommendation
15th Report - Prison estate capacity
Accepted
According to MoJ’s most recent estimate, reoffending in England and Wales costs society approximately £18 billion a year (2017–2018 prices).84 Given MoJ’s and HMPPS’s acknowledgement that crowding impacts prison regimes and can reduce access to purposeful activity and harm rehabilitation, we asked MoJ what level of crowding it had factored …
Government response. Action is underway to improve delivery through the national regime model, which mandates prisons to set out their planned delivery against the agreed national priorities and a substantial evaluation programme is underway to understand the impact of initiatives and programmes …
HM Treasury