Wakefield

I understand the Board’s ongoing concerns about prisoners serving indeterminate sentences of Imprisonment for Public Protection (IPP). The Justice Select Committee (JSC) published their report into the IPP sentence on 28 September 2022 after a year-long inquiry which contains considered recommendations for change. The Government has published its formal response to the Committee’s report, which can be accessed at https://committees.parliament.uk/work/1509/imprisonment-for-public-protection-ipp-sentences/publications/. The JSCs main recommendation was to undertake a full resentencing exercise of all remaining IPP offenders who had not yet had their license terminated. Although the IPP sentence was abolished in 2012, it is the Government’s long-held view that retrospectively changing the sentence which was lawfully passed would give rise to an unacceptable risk to public protection and that the IPP Action Plan, suitably updated, remains the best option by which these offenders can progress towards safe release. As such, the Government has rejected this recommendation and has no plans to conduct a resentencing exercise. Any re-sentencing of IPP offenders would inevitably result in the immediate release of many offenders who have committed serious sexual or violent offences, in many cases without any period of licensed supervision. It is vital for public protection that those serving the IPP sentence in prison, whether not yet released or recalled following release, are released only where the Parole Board determines that they may be safely managed in the community.
The focus remains on supporting all those continuing to serve the IPP sentence in prison by providing them with opportunities to show they can be safely released by the Parole Board and to help those serving the IPP sentence on licence in the community to work towards applying successfully, once eligible, to have their licence terminated. However, the Committee’s report does provide an opportunity for HM Prison and Probation Service (HMPPS) to review the work being delivered via the IPP Action Plan, even though efforts in recent years have delivered substantial reductions in the number of IPP prisoners who have never been released. The latest published figures stood at 1,394 at the end of December 2022. This is reduced from 1,602 at the end of December 2021. The IPP Action Plan is therefore being reviewed and refreshed to ensure it is as robust, structured, clear, measurable, and properly targeted as possible.

I recognise the Board’s further concerns for people in prison suffering with mental ill health who require transfer to a secure hospital. Since the last annual report response to the Board in November 2021, the Government published the draft Mental Health Bill in June 2022 which contains measures to speed up access to specialist inpatient care and treatment, as well as introducing a statutory 28-day time limit for transfers from prison to hospital. This time limit mirrors that introduced in the NHS England’s good practice guidance, published in June 2021 and together with operational improvements will reduce unnecessary delays. It is acknowledged that HMP Wakefield holds a number of complex prisoners who are awaiting assessment for transfer to a secure hospital setting or may have been remitted from hospital to HMP Wakefield. It remains the case that the Long Term and High Secure Estate has a role in accepting prisoners back from hospital through the remission process in the good practice guidance, but since the Covid-19 restrictions lifted, there has an improvement in adherence to the NHS good practice guidance for transfers from prisons to secure hospital beds.

Regarding the Board’s concerns about healthcare performance and complaints, the Ministry of Justice (MoJ) and HMPPS together with health partners remain committed to ensuring that people in prison have access to an equivalent standard, range and quality of health care in prisons to that available in the wider community. All health treatment in custody is the responsibility of NHS England and NHS Wales and established governance arrangements are in place which provides an opportunity for Governors to raise concerns about local healthcare delivery with NHS Health and Justice Commissioners and providers. As the Board is aware health complaints and concerns are managed in line with the NHSE National Complaints process and in addition to the NHSE Commissioning team quarterly contract monitoring process, regular NHSE Quality and Commissioning visits have been taking place, with complaints management being one of the areas reviewed. In addition, following a change in healthcare management at HMP Wakefield, the complaints process has been reviewed and the number of outstanding complaints has now reduced.

Regarding the Board’s concerns about healthcare performance and complaints, the Ministry of Justice (MoJ) and HMPPS together with health partners remain committed to ensuring that people in prison have access to an equivalent standard, range and quality of health care in prisons to that available in the wider community. All health treatment in custody is the responsibility of NHS England and NHS Wales and established governance arrangements are in place which provides an opportunity for Governors to raise concerns about local healthcare delivery with NHS Health and Justice Commissioners and providers. As the Board is aware health complaints and concerns are managed in line with the NHSE National Complaints process and in addition to the NHSE Commissioning team quarterly contract monitoring process, regular NHSE Quality and Commissioning visits have been taking place, with complaints management being one of the areas reviewed. In addition, following a change in healthcare management at HMP Wakefield, the complaints process has been reviewed and the number of outstanding complaints has now reduced.

It is important to acknowledge that integration between prison and health IT systems is technically complex and there are not clear arrangements in place on who funds the work or maintains it. However, NHS England and HMPPS Digital have engaged closely over the past few months and have agreed a technical approach for integration. The first feature to be deployed will be the automated transmission of prisoner transfers between prisons and prisoner cell moves to the GP's patient administration system. which is currently SystmOne. This will enable clinicians to have accurate, real-time visibility of a prisoner's location and allow them to perform routine healthcare tasks more efficiently and effectively.

The Prison Education and Library Services for adult prisons in England Policy Framework sets out a list of mandatory publications that must be made available within prison libraries for prisoners to access. These include up to date copies of Archbold’s Criminal Pleading, Evidence and Practice, The Civil Procedure Rules, and extant Prison Service Instructions, Prison Service Orders, and Policy Frameworks except for those that have restrictions placed on them. The framework can be found at https://www.gov.uk/government/publications/prison-education-and-library-services-for-adult-prisons-in-england. It is noted that the Board also recognises the positive work of the prison library at HMP Wakefield which is holding legal sessions to assist prisoners in their legal investigations.

The Board will be aware that due to a blockage and collapse of a soil drain from the residential units, the astroturf football pitch had to have a large section removed in 2020 to allow for the repair of the drain. As a result, the pitch could not be re-laid due to its degraded condition. It is recognised that the entire pitch should be replaced with a next generation all weather playing surface and HMP Wakefield’s only alternative facility is a shared exercise yard to provide outdoor exercise opportunities. However, the prison has not been successful in bids to fund this to date via MoJ Property as this work is not currently affordable given other budgetary demands, or grant funding from the Football Association. A further bid to replace the part of the pitch affected by the drainage collapse has been submitted and a bid decision is expected shortly.

HMPPS is in the process of planning the implementation of in-cell telephony across the dispersal estate and work specifically at HMP Wakefield commenced in January 2023. Implementation at HMP Wakefield is anticipated to be completed towards the end of 2023.

All the Digital Prison Services (DPS) system content is based on thorough research with users, operational and policy colleagues. Features such as index offence being available on the prisoner profile page has been identified as a clear requirement. It should also be noted that DPS is a secure system with only appropriately vetted staff having access and is not accessible to prisoners.

HMPPS does not currently have the technological capability across prisons to make ACCT fully digital and whilst improvements could be made through digitisation, HMPPS is not currently funded for this, so it is essential for ACCT to be used consistently across prisons. Therefore, it was decided that as part of the introduction of ACCT v6 that some but not all elements of the ACCT would be available electronically and these provide staff with the ability to complete all forms in the ACCT document electronically, with exception of the ongoing record. This allows documents to be shared easily with other relevant departments and whilst ACCT remains a paper-based document this will continue to be reviewed as technological capabilities within prisons improve. In addition, an increased emphasis has also been placed on the importance of multi-disciplinary input into ACCT support, in particular the need for case reviews to be attended by multi-disciplinary partners who are relevant to providing support to the individual which would include healthcare staff. The escalation route for individuals with complex needs also focuses on information sharing between departments utilising a multi-disciplinary meeting approach, through the Safety Intervention Meeting.