Addressee: Ministry of Justice
The Board is concerned about the increase, this year, in men requiring transfer to mental health establishments (para 6.2.4). We have noted the recommendations of the House of Commons Justice Committee report Mental health in prisons of September 2021, particularly the recommendation that ‘The MoJ and the NHS should accelerate plans to increase the availability of Community Sentence Treatment Requirement orders, so these orders are available options for sentencers in all parts of England and Wales by 31 March 2023.’ Although we realise that this recommendation relates to England, we would ask whether any discussions are taking place with the Welsh Government to implement this recommendation.
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Government responseI appreciate the Board’s ongoing concerns around prisoners’ mental health. The Ministry of Justice (MoJ) takes the health and wellbeing of prisoners seriously and this has remained a priority throughout the pandemic. However, we recognise that the regime restrictions required to control Covid-19 infection in prisons may have exacerbated prisoners’ mental health needs and consequently a number of interventions were introduced to support prisoners’ including increased access to telephones, secure video calls, time in the open air where possible, provision of distraction packs, and continued provision of The Samaritans phone services together with the peer-support Listeners scheme. Regarding mental health transfers, the Welsh Government has recently revised and republished the Together for Mental Health Delivery Plan in response to the impact of Covid-19. The revised plan includes an audit of current secure in-patient provision and a commitment to develop a secure in-patient strategy for Wales. We expect the audit to be completed shortly and timescales for follow up actions will be agreed once the recommendations have been considered.
Through the Community Sentence Treatment Requirements Programme, health and justice partners are working together to ensure greater use and improved access to timely and appropriate mental health and substance misuse services for offenders who need them. This includes the expansion of the scheme in Wales with its first site in 2021, a pilot at HMP Swansea. The programme is continuing to explore how to implement further Welsh expansion, but HM Prison and Probation Service’s (HMPPS) role is limited as it doesn’t control the healthcare provision or the number of places available. Officials continue to work with the UK Government on the reform of the Mental Health Act, which includes proposals to improve the timeliness of transfers from prison to secure mental health units.
Recorded status: In progress
Topic: Mental Health
Addressee: Home Office
The Board continues to have concerns about men being held in custody on IS91s and their access to Home Office representatives. This issue has been raised in the last two reports. In March and April 2021, one man who was held under an IS91 began to refuse food because he was held in custody past his release date. Whilst understanding the pressures on the immigration removal centres (IRCs), men held in prison do not have access to the same facilities as those in IRCs. The Board would ask that this issue is again raised with the Home Office.
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Government responseTurning to the Board’s continued concerns around Foreign National Offenders (FNOs), when a decision is made to detain a FNO, Home Office colleagues conduct a careful risk assessment of their suitability to transfer to the immigration removal estate (IRCs). FNOs that are detained on IS91s in the prison estate (i.e. held beyond their sentence expiry; subject to an Immigration Removal Notice; and treated as remand prisoners) have access to Home Office representatives via the Immigration Prison Teams (IPT). The Home Office has hubs where IPT teams are embedded, and FNOs can normally be seen or responded to within twenty-four hours. Prisons where this service doesn’t exist, FNOs can submit applications to see immigration officers and they will be seen on the Home Office’s next visit to the prison. Urgent enquiries are responded to in writing and delivered via the local Offender Management Units or FNO co-ordinator in the prisons. The Home Office has also acknowledge that Covid-19 restrictions has had an impact on the capacity within the IRCs along with IPT’s ability to attend some prisons. However, as Government guidelines relating to Covid-19 change, issues with moves to IRCs will lessen. IPT presence in prisons has been at normal levels for several months now.
Recorded status: Noted
Topic: Resettlement
Addressee: NHS / Healthcare Provider
The Board has two concerns in relation to healthcare which we would ask the Health Minister to consider with Cardiff and the Vale Health Board. Both relate to staffing: the first is the ongoing issue with lack of cover for pharmacists, which can lead to locum pharmacists being brought in on an emergency basis and affects the planning of the team in their attempts to improve the service. This difficulty was also noted last year (para 6.1.4).
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Government responseI will also address those issues raised for the Welsh Government. Regarding cover for pharmacists, the prison has recently recruited a full time pharmacist to work as part of the team and pending the completion of the recruitment process, it is expected they will be in post from May. General Practitioner (GP) provision has seen a significant uplift at the prison over the past four months with an extra five sessions per week together with an additional Clinical Director session. Officials have met and continue to work with representatives of Cardiff and Vale University Health Board (healthcare provider) to address workforce pressures. Workforce challenges identified from this review are in common with other parts of the NHS and include the impact of Covid-19 and self-isolation requirements and general shortages in the pharmacy sector as a whole.
Recorded status: In progress
Topic: Healthcare
Addressee: NHS / Healthcare Provider
The second has been raised by the temporary clinical director who has identified the need for increased GP hours to cover the health needs of the men.
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Government responseI will also address those issues raised for the Welsh Government. Regarding cover for pharmacists, the prison has recently recruited a full time pharmacist to work as part of the team and pending the completion of the recruitment process, it is expected they will be in post from May. General Practitioner (GP) provision has seen a significant uplift at the prison over the past four months with an extra five sessions per week together with an additional Clinical Director session. Officials have met and continue to work with representatives of Cardiff and Vale University Health Board (healthcare provider) to address workforce pressures. Workforce challenges identified from this review are in common with other parts of the NHS and include the impact of Covid-19 and self-isolation requirements and general shortages in the pharmacy sector as a whole.
Recorded status: Implemented
Topic: Healthcare
Addressee: Other — other
The Board was pleased to hear that support for men who are leaving prison without settled accommodation is being extended until April 2022. However, there appears to be a lack of available and suitable accommodation, particularly in certain areas, and we would be interested to see what steps the Welsh Government is able to take, jointly with local authorities, to address this problem (para 7.5.5).
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Government responseHomelessness Prevention Taskforces (HPTs) set up to oversee the Covid Accommodation Emergency have been retained as a permanent feature of HMPPS to develop relationships with local authorities and other strategic partners in order to embed and expand housing options for prison leavers. To address availability and suitability of accommodation, HMPPS in Wales has been provided with funding from central Government to set up a Community Accommodation Services Tier 3 project (CAS-3). The project in Wales will be funded for three years and is intended to provide accommodation to those at risk of being homeless upon release from prison or as part of their resettlement, and move on from an Approved Premises or a period at a Bail Accommodation and Support Services (BASS) residence. It will also support transition into settled accommodation.
Recorded status: In progress
Topic: Resettlement
Addressee: HMPPS
Staff and men in HMP Cardiff have made efforts to keep the prison clean and of a good standard during the pandemic. The Board also acknowledges the work that has been done on refurbishing wings. However, some of the older wings have annual issues with heating, problems with accessing TV channels and the rats are having an effect on the infrastructure (paras 5.1.4, 5.15 & 5.3.5). Some of these problems (the heating and TV channels) have been occurring for several years and the prison in conjunction with Amey has tried to remedy the problems. The Board would ask the service to consider what long term remedies could be found.
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Government responseHMP Cardiff has an ongoing cell refurbishment programme which has continued from last year and is expected to complete a further 65 cells by the end of the current financial year. Heating issues were due to older boilers and these have been replaced in wings C, D, E, and F. TV systems are being upgraded with new TVs to fit with the upgrade.
Due to the ongoing numerous infrastructure improvement projects at HMP Cardiff, the disturbance has resulted in increased visibility of pests. The pest control contractor attends HMP Cardiff weekly and addresses all areas around the prison. They investigate any new reports of pests and action plans are given to the site team and establishment to comply with. To date, all recommendations by the pest control contractor have been completed.
Recorded status: Implemented
Topic: Estate
Addressee: HMPPS
Allied to the infrastructure is the concern the Board has in relation to access for wheelchair users and those with mobility problems to some areas of the prison (para 5.4.7) We are aware that refurbishment of one wing is making some adaptations to aid access, but difficulties still remain for men who may not be accommodated on that wing.
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Government responseHMP Cardiff had several shower upgrades throughout 2021/22 on B and F wings, including a fully Equalities Act compliant shower and toilet facility on F-wing (the F2 landing). The F2 landing is also being adapted to facilitate prisoners with reduced mobility and will enable wheelchair users access to education. The B-wing (level 2) shower doorway has been widened to allow wheelchair access with a seat fitted in the shower area. The C-wing showers upgrade programme started in March 2022. The Ministry of Justice Estates Team will take into consideration full Equalities Act compliance in future projects.
Recorded status: Implemented
Topic: Equality
Addressee: HMPPS
The Board is pleased that the regime in HMP Cardiff is easing and realises all relaxing of the regime is dependent on infection rates. However, from our monitoring of the prison we believe that men were finding life increasingly difficult under this regime (paras 6.2.3 & 7.2.5) and would hope that a return to normal regime could be considered as soon as practicable, in line with Covid-19 protocols.
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Government responseThe prison was authorised to move to Stage 2 of the National Framework for Regime Recovery from the week commencing 28 February 2022 and preparation to move to Stage 1 of the framework is already underway. Covid-19 Protocols however remain for all prisons across England and Wales as prisons are classed as higher risk environments. HMP Cardiff is nevertheless expediting progression to Stage 1 of the framework which will see the removal of the vast majority of restrictions in line with Welsh Government legislation. The prison’s latest outbreak was closed on 3 March 2022 and the prison’s progression to Stage 2 will not be affected. A date for progression to Stage 1 cannot be provided at present and will be subject to agreement with Senior Management and the Unions. Details of the National Framework can be found online at https://www.gov.uk/government/publications/covid-19-national-framework-for-prison-regimes-and-services.
Recorded status: In progress
Topic: Regime
Addressee: HMPPS
The Board is concerned that the use of body worn cameras (BWC) is being affected by the need to service and replace cameras. We understand that HMP Cardiff will have cameras replaced in February 2022: we hope that will not be delayed further (para 4.5.2).
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Government responseHMP Cardiff’s Body Worn Video Cameras (BWVCs) were serviced in November 2021 and the prison is now fully stocked with the required complement. The replacement of the existing cameras is due in February 2023. The procurement exercise for the next generation of camera equipment remains ongoing, with the first establishments in the rollout schedule set to receive new equipment in May 2022. The procurement exercise will represent a substantial uplift in available camera numbers, with the aim of having sufficient cameras for use by every operational band 3–5 Prison Officer with surplus for other roles.
The Implementation Team is also liaising with establishments further along the rollout schedule to redistribute cameras during the programme and transfer older stock whilst they await their new equipment. This will provide an increase in camera numbers in those establishments in the short term.
Recorded status: In progress
Topic: Safety
Addressee: Governor / Director
We have been concerned by the staffing pressures the business hub appears to have been under, which in turn affects issues which directly affect the men. Therefore we would ask whether there is any way to ensure sufficient trained staff are available to cover shortfalls (para 5.7.1).
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Topic: Staffing
Addressee: Governor / Director
Our concern noted in the last report in relation to the disproportionate number of BAME prisoners labelled as dangerous remains. In addition to this, the Board has noticed a perception amongst BAME prisoners that they are being discriminated against in the allocation of work and education and we would ask that further investigation of any apparent discrimination be considered (paras 5.4.3 & 5.4.4).
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Government responseThe Security and Diversity and Inclusion departments work together to identify and investigate any disproportionality. This is reviewed on a monthly basis in order to focus on any developing trends which appear. The last twelve months which have been audited show no disproportionate numbers.
Recorded status: Noted
Topic: Equality