Source · IMB Annual Report
Fosse Way
Year: 2024
Published: 28 Jan 2025
Type: Prison · Cat C
Population: 1,715
Recommendations: 4
Key concerns
Positive findings
HMP Fosse Way opened in May 2023 as a category C prison and quickly reached its operational capacity of 1715 prisoners by February 2024. The IMB's first annual report highlights significant building design flaws, including inadequate facilities and security concerns, alongside staffing shortages and regime limitations. Despite successful integration of vulnerable prisoners, the rapid population increase led to a rise in self-harm and violent incidents, coupled with insufficient purposeful activity and education provision.
Safety statistics
| Indicator | This year | Previous |
|---|---|---|
| Deaths in custody | 1 | — |
| Self-harm incidents | 425 | — |
| Prisoner assaults | 159 | — |
| Assaults on staff | 35 | — |
| Drug finds | 259 | — |
Positive findings
The initial opening of HMP Fosse Way was considered successful, with most prisoners settling in well and vulnerable prisoners integrating successfully into the house blocks/wings. Opening objectives were achieved, except for industries and education, and the IMB's only real issue during this initial period was missing property.
Key concerns
Regime/Time Out of Cell
The gymnasium held a maximum of 15 prisoners for a prisoner population of 1720.
Estate/Conditions
Laundry: although each wing has a laundry room with domestic washing machines, there is no central laundry for washing larger items such as duvets.
Estate/Conditions
The washing machines, tumble dryers and other electrical items (e.g. fridges and toasters) on the house blocks appear to be of a domestic, and not industrial, standard.
Staffing
There is no staff training facility
Estate/Conditions
There is a significant shortage of office space with, in some instances, cupboards being used to accommodate staff. The IMB office is outside the secure prison zone, as there is no other space available.
Healthcare
The commissioned on-site health service finishes at 7pm, with no on-site healthcare between 7pm and 8am. There is also no on-site residential healthcare unit.
Estate/Conditions
Library: although the size is acceptable, its location is poor and the area can get very congested and noisy.
Estate/Conditions
Extra house block: on completion of the original build, a decision was taken to build a further house block.
Safety
Window design: a number of the cell windows are being smashed (deliberately) and there is clearly a design fault that is creating a potential security risk as there are no bars on any of the houseblock windows, including those on the ground floor.
Estate/Conditions
Cell design and cell furniture – The furniture installed is primarily made in MDF and it can very easily, and quickly, be damaged/destroyed by prisoners.
Segregation
The care and separation unit (CSU) has insufficient cells for a prison of Fosse Way’s population.
Safety
The fencing around each house block yard has no razor wire on top. The fences have already been climbed and create a security risk.
Staffing
ongoing staff retention issues, which have impacted on the regime at times during the reporting year.
Regime/Time Out of Cell
Employment, due to a variety of factors, was behind schedule and there was a lack of employment for prisoners. There were a number of workshops that were not opened as per the plan.
Education/Purposeful Activity
A total of 396 seats in education was insufficient to meet the sudden increase in prisoner numbers. Only 52% of eligible prisoners were in education.
Staffing
The offender management unit (OMU) was not fully staffed, leading to a backlog of OASys (offender assessments) required for prisoner category C to D reviews.
Safety
Self-harm and violence incidents went up with the increase in prisoner numbers, putting added strain on the staff
Recommendations
| # | Recommendation | Addressee | Status |
|---|---|---|---|
| 1 |
The Board is seriously concerned about prison build shortcomings, which have been identified in the report. What will the Minister do to avoid the same errors being repeated in future builds (one of which we believe is due to open near York in the coming year)?
Response
In terms of security, the 3.6m fencing around each house block yard does not require razor wire to be compliant but provides a deterrent to anyone attempting to get from one area of the prison to another. The Category C technical standard is for one 5.2m fence line around the perimeter and the design at HMP Fosse Way includes three 5.2m fence lines which are all topped razor wire which should provide the Board some assurance that the risk of escape is mitigated. The houseblock windows are without bars but are designed and tested to a specific standard and made of multiple layers of glass and polycarbonate to maintain the windows integrity and to reduce the ability to break the glass or use the broken pieces for self-harming. There has been some breakage of windows in the CSU which is a different design to the houseblocks as these include bars and learning is being taken into consideration in relation to this. It is recognised the gym facilities are small but were designed with direct access to the outside sports areas and along with the wing provision, would provide a suitable physical activity profile. The use by only 15 prisoners would be due to local risk assessment. However, changes have been made in future prison designs, such as HMP Millsike to incorporate a larger gym in the central services area and as the Board notes HMP Fosse Way has increased it’s physical activity offer to incorporate more indoor provision by converting some workshops. The library has also been redesigned for future prisons and is enclosed in the central services hub. The prison provider is responsible for the laundry and electrical equipment installed on site and the prison design provided a fully functioning laundry room on each houseblock floor with a total of 28 spaces for laundry appliances. Whilst there is no central laundry, many prisons send washing to other prisons and there are ongoing discussions in relation to a larger laundry facility at Fosse Way. I also acknowledge the Board’s concern that cell furniture can easily be damaged by prisoners. Other solutions have been considered, such as resin bonded materials, but these produce dangerous debris and create self-harm and staff safety risks. The current furniture is less likely to be adapted into weapons and is more cost-effective to replace when damaged. In addition, regarding the Boards comments about the healthcare services provided at HMP Fosse Way these are commissioned by NHS England and is the standard for a Category C resettlement prison to take account of prisoners needs. |
Ministry of Justice | Accepted |
| 2 |
Prison population changes, such as the early release scheme, have had a huge impact on management and staff, through a significantly increased workload. Before making these decisions, what consideration does the Minister give to the individuals in the prisons affected?
Response
The Board shared its views on the successes of HMP Fosse Way’s initial opening and prisoner intake between May and August 2023 and its concerns about the increased prisoner intake in the months that followed. Originally, the plan was to bring the prison to full capacity over 43 weeks, with an intake of 40 prisoners per week but due to national capacity pressures, this timeline was shortened to 38 weeks. To accommodate the accelerated intake, an enhanced prisoner selection criterion was implemented, exceeding the initially agreed 40 prisoners per week. Weekly local meetings were held to assess risks to the prison’s stability, and breaks in the intake plan were included as contingencies. However, neither the prison provider nor HM Prison and Probation Service (HMPPS) found it necessary to pause the intake process based on stability and threat assessments. For the final 12 weeks, the intake schedule was adjusted as follows: • Two weeks of 90 prisoners per week • A one-week break • Eight weeks of 60 prisoners per week • One week of 55 prisoners per week Mobilising a prison the size of HMP Fosse Way inevitably presents challenges, especially with the increased prisoner intake. It is acknowledged that the prison provider faced a recruitment gap, as staffing had been planned based on the original intake projections. The operational staff group managed to cover all vacancies through overtime, with additional support from prison custody officers seconded from sister sites. Despite these challenges, the Prison Director takes pride in what HMP Fosse Way achieved during its first year of operation. The prison successfully reached full operational capacity ahead of schedule, without encountering any serious instability, a remarkable accomplishment. I, too, am grateful for the provider's cooperation during this period to address the capacity challenges. |
Ministry of Justice | Noted |
| 3 |
The Board is seriously concerned about prison build shortcomings, which have been identified in the report. What will the Minister do to avoid the same errors being repeated in future builds (one of which we believe is due to open near York in the coming year)?
Response
In terms of security, the 3.6m fencing around each house block yard does not require razor wire to be compliant but provides a deterrent to anyone attempting to get from one area of the prison to another. The Category C technical standard is for one 5.2m fence line around the perimeter and the design at HMP Fosse Way includes three 5.2m fence lines which are all topped razor wire which should provide the Board some assurance that the risk of escape is mitigated. The houseblock windows are without bars but are designed and tested to a specific standard and made of multiple layers of glass and polycarbonate to maintain the windows integrity and to reduce the ability to break the glass or use the broken pieces for self-harming. There has been some breakage of windows in the CSU which is a different design to the houseblocks as these include bars and learning is being taken into consideration in relation to this. It is recognised the gym facilities are small but were designed with direct access to the outside sports areas and along with the wing provision, would provide a suitable physical activity profile. The use by only 15 prisoners would be due to local risk assessment. However, changes have been made in future prison designs, such as HMP Millsike to incorporate a larger gym in the central services area and as the Board notes HMP Fosse Way has increased it’s physical activity offer to incorporate more indoor provision by converting some workshops. The library has also been redesigned for future prisons and is enclosed in the central services hub. The prison provider is responsible for the laundry and electrical equipment installed on site and the prison design provided a fully functioning laundry room on each houseblock floor with a total of 28 spaces for laundry appliances. Whilst there is no central laundry, many prisons send washing to other prisons and there are ongoing discussions in relation to a larger laundry facility at Fosse Way. I also acknowledge the Board’s concern that cell furniture can easily be damaged by prisoners. Other solutions have been considered, such as resin bonded materials, but these produce dangerous debris and create self-harm and staff safety risks. The current furniture is less likely to be adapted into weapons and is more cost-effective to replace when damaged. In addition, regarding the Boards comments about the healthcare services provided at HMP Fosse Way these are commissioned by NHS England and is the standard for a Category C resettlement prison to take account of prisoners needs. |
HMPPS | Accepted |
| 4 |
Prison population changes, such as the early release scheme, have had a huge impact on management and staff, through a significantly increased workload. Before making these decisions, what consideration does the Minister give to the individuals in the prisons affected?
Response
The Board shared its views on the successes of HMP Fosse Way’s initial opening and prisoner intake between May and August 2023 and its concerns about the increased prisoner intake in the months that followed. Originally, the plan was to bring the prison to full capacity over 43 weeks, with an intake of 40 prisoners per week but due to national capacity pressures, this timeline was shortened to 38 weeks. To accommodate the accelerated intake, an enhanced prisoner selection criterion was implemented, exceeding the initially agreed 40 prisoners per week. Weekly local meetings were held to assess risks to the prison’s stability, and breaks in the intake plan were included as contingencies. However, neither the prison provider nor HM Prison and Probation Service (HMPPS) found it necessary to pause the intake process based on stability and threat assessments. For the final 12 weeks, the intake schedule was adjusted as follows: • Two weeks of 90 prisoners per week • A one-week break • Eight weeks of 60 prisoners per week • One week of 55 prisoners per week Mobilising a prison the size of HMP Fosse Way inevitably presents challenges, especially with the increased prisoner intake. It is acknowledged that the prison provider faced a recruitment gap, as staffing had been planned based on the original intake projections. The operational staff group managed to cover all vacancies through overtime, with additional support from prison custody officers seconded from sister sites. Despite these challenges, the Prison Director takes pride in what HMP Fosse Way achieved during its first year of operation. The prison successfully reached full operational capacity ahead of schedule, without encountering any serious instability, a remarkable accomplishment. I, too, am grateful for the provider's cooperation during this period to address the capacity challenges. |
HMPPS | Noted |
Applications to the IMB
| Category | Current | Previous |
|---|---|---|
| Accommodation, including laundry, clothing, ablutions | 6 | — |
| Canteen, facility list, catalogues | 4 | — |
| Discipline, including adjudications, incentives scheme, sanctions | 13 | — |
| Equality | 2 | — |
| Finance, including pay, private monies, spends | 4 | — |
| Food and kitchens | 2 | — |
| Health, including physical, mental, social care | 15 | — |
| Letters, visits, telephones, public protection, restrictions | 9 | — |
| Miscellaneous | 13 | — |
| Property during transfer or in another facility | 34 | — |
| Property within the establishment | 11 | — |
| Purposeful activity, including education, work, training, time out of cell | 8 | — |
| Sentence management, including HDC (home detention curfew), ROTL (release on temporary licence), parole, release dates, recategorisation | 22 | — |
| Staff/prisoner concerns, including bullying | 4 | — |
| Transfers | 9 | — |
Related inspections & investigations
Other reports for Fosse Way
Report details
- Establishment
- Fosse Way
- Type
- Prison · Cat C
- Report year
- 2024
- Published
- 28 January 2025
- Responsible body
- HMP Fosse Way
- Recommendations
- 4
- MoJ rating (2024/25)
- 2 — Concern
Population
| Population | 1,715 |
| Operational capacity | 1,715 |
Service providers
Prison Management
Serco