Wealstun

Response
I fully understand the Board’s frustration that they are raising a repeated issue about the detention of severely mentally ill people in prison whilst they await transfer to a suitable institution. We are committed to improving mental health outcomes for people in contact with the criminal justice system, to ensure that offenders and defendants with acute mental health needs receive timely support and in the most appropriate setting. We also recognise that vulnerable people in prison who meet the threshold for detention under the Mental Health Act and require a transfer to hospital continue to experience delays in accessing the specialist care and treatment they need. The government has pledged to introduce the Draft Mental Health Bill in the upcoming parliamentary session. The Bill includes several flagship reforms to improve access to mental health care for patients in the criminal justice system such as the introduction of a statutory 28-day time limit for transfers from prison to hospital. This time limit, together with operational improvements, aims to reduce unnecessary delays and deliver swifter access to treatment. The reforms will prevent courts from using prison as a place of safety for those awaiting treatment or assessment under the Mental Health Act. Instead, the defendant or convicted person must be transferred directly to hospital, ensuring swifter access to the care they need. The Bill will also reform the Bail Act 1976 to prevent courts from remanding a defendant for their own protection where their only concern relates to their mental health. Courts will be directed to bail defendants and work with local health services to put in place appropriate support and care. NHS England’s Liaison and Diversion services are well established in the region and they will continue to work with stakeholders to strengthen pathways from police custody and court into treatment.

Response
I understand and sympathise with the Board’s position around prisoners serving Imprisonment for Public Protection (IPP) sentences. I am very mindful of the specific and substantial challenges faced by those serving IPP sentences and this is an issue I feel passionately about. The Board will no doubt be aware that on 5 September, the Lord Chancellor announced that the Government would implement reforms we supported in opposition to the IPP licence period in the Victims and Prisoners Act 2024. These commenced on 1 November, when the licences for 1,742 IPP offenders in the community were terminated. The remaining reforms will be implemented on 1 February 2025, when the reduced qualifying period for consideration of licence termination will see around 600 additional referrals made to the Parole Board. The Secretary of State will also has two new powers, the power to use ‘Risk Assessed Recall Review’ (RARR) for recalled IPP prisoners and the power to disapply a recall. The first enables her to re-release people who have been recalled at any point without referring the case to the Parole Board, where safe to do so. The second enables her to not reset the two-year period after someone is re-released from a recall. The Government is determined to support the rehabilitation of IPP offenders through a refreshed Action Plan, which we published on 15 November 2024. The refreshed Plan puts an important emphasis on effective frontline delivery in our prisons and the Probation Service, to ensure that those serving IPP sentences have robust and effective sentence plans, which they are actively engaging with, and that they are in the correct prison to access the right interventions and rehabilitative services. This is the most effective way to help them to reduce their risk so that they can progress towards safe release from custody. The refreshed Action Plan was published in our IPP Annual Report and can be accessed online at GOV.UK. Whilst it is right that IPP sentences were abolished, I hope that you will understand that we cannot take any steps that would put the public at risk. I can assure you the Government is committed to working with organisations and campaign groups to ensure the appropriate course of action is taken to support those still serving IPP sentences.

Response
Prison population pressures across the estate have been well documented. When the population of a prison changes significantly, a review is undertaken into the staffing of that prison which is adjusted and funded accordingly. Reviews will consider population risks, infrastructure, architecture and specific delivery requirements associated with prisoner cohorts and prison functions. For non-pay costs that are specifically impacted by offender numbers, prisons are funded using a standard cost driver based on their average number of offenders. This funding is recalculated three times a year and prison budgets are updated accordingly. HMP Wealstun has been selected as one of only five prisons nationwide to receive targeted funding aimed at enhancing both resources and infrastructure. This strategic investment is also set to significantly expand prisoner opportunities at HMP Wealstun.

Response
Further to last years’ response, HMPPS’s cell certification framework requires that cells are only shared where a Prison Group Director has assessed them to be of adequate size and condition. There are other standards set out in the framework, including adequate lighting, heating, ventilation, fittings, and access to water and sanitation. These standards ensure that prisoners are accommodated safely even when held in crowded conditions. HMPPS would like to assure the Board the Prison Group Director has taken great care to manage and deliver double-cells in as respectful, decent, and safe manner as possible. Whilst work on delivering the 20,000 additional modern, uncrowded prison places is ongoing, the adult male prison estate has been under acute capacity pressure for the last 12 months. HMPPS has been required to take decisive action to quickly increase capacity in the existing estate through doubling up cells where safe to do so. On 12 July, the Lord Chancellor announced an interim measure to free up prison places. This initiative temporarily reduces the time those sentenced to standard determinate sentences (SDS) serve in prison from 50% to 40% of that sentence. This measure (SDS40) will not apply to prisoners sentenced for sex offences and certain domestic-abuse-connected offences, irrespective of length. It also excludes serious violent offences with a sentence of four years or more. We will assess the impact of these measures on the prison population and there may be options in future to reduce crowding levels in the estate. This could enable targeted reductions of the least suitable prison places, but it is not possible to commit to numbers or locations until the policy is successfully implemented and the overall capacity position has stabilised.

Response
HMPPS acknowledges the need to replace or refurbish older accommodation at HMP Wealstun, namely A and B wings. Given the scale of works required and current funding and capacity pressures, we are unable to progress the replacement of A and B wings at present but will continue to seek opportunities to do so. Until a strategic plan for the future of A and B Wings is agreed, prisoner allocation to A and B wings is managed with rigorous protocols and those that are a known arson risk are not housed there as a risk reduction measure due to the absence of smoke extraction, except in exceptional circumstances and subject to thorough risk assessments. The facilities management provider will also continue to do their best in repairing windows where possible (as and when reported), however due to the current condition it is recognised this is sometimes difficult. This consequently affects controlling temperatures, and again the facilities management provider will continue to their best in maintaining assets that are at end of life/beyond economical repair. The shower facilities are a further notable concern and will require considerable investment to address. Local management are committed to optimising the conditions within these units by regularly conducting painting, maintaining cleanliness, and performing minor repairs to ensure a clean and decent environment.

Response
As mentioned in the Minister’s letter, a review of staffing across all functions is undertaken when there are significant changes in a prison’s population and is adjusted and funded accordingly. Staffing assumptions are based on national models but adapted to specific local needs. The growth in the prisoner population has been accompanied by a corresponding increase in the resources allocated to support this expansion. HMP Wealstun holds a weekly Regime Management Plan which enables it to effectively manage resources and, when necessary, reallocate them to address any local risks. The Yorkshire and Humber Probation Region are reviewing their current resettlement and pre-release operating models to reduce duplication of work and make the interaction with prisoners more effective, especially when working to support safe and supported releases of individuals. Education funding at site level is based on a specific cost per prisoner, and as the prison population increases, the funding should be reflected in that increase in Operational Capacity. NHS England (North East & Yorkshire region) commissioned a Health Needs Assessments across the region in 2023. This informed funding decisions for each of the prison healthcare services. Healthcare services across West Yorkshire are currently in the procurement process, additional funding and a revised model has been agreed and reflects the changing demand and need within HMP Wealstun. When NHS England is advised of an increase in the operational capacity or a re-role of a prison, work is undertaken along with the commissioned healthcare provider(s) to assess additional clinical requirements to meet changing needs. This was the case at HMP Wealstun. A business case was supported of £187,402 in July 2023 to fund an additional medication hatch/pharmacy provision, to support prison expansion/population pressures. In January 2024, an additional £206,720 was agreed to uplift the number of mental health staff to support increased demand and complexity.

Response
For non-pay costs that are specifically impacted by offender numbers, prisons are funded using a standard cost driver based on their average number of offenders. This funding is recalculated three times a year and prison budgets are updated accordingly. The Yorkshire and Humber Probation Region are reviewing their current resettlement and pre-release operating models to reduce duplication of work and make the interaction with prisoners more effective, especially when working to support safe and supported releases of individuals.

Response
When the population of a prison changes significantly, a review is undertaken into the staffing of that prison which is adjusted and funded accordingly. Reviews will consider population risks, infrastructure, architecture and specific delivery requirements associated with prisoner cohorts and prison functions. For non-pay costs that are specifically impacted by offender numbers, prisons are funded using a standard cost driver based on their average number of offenders. This funding is recalculated three times a year and prison budgets are updated accordingly. HMP Wealstun has been selected as one of only five prisons nationwide to receive targeted funding aimed at enhancing both resources and infrastructure. This strategic investment is also set to significantly expand prisoner opportunities at HMP Wealstun. Management at the prison are currently undertaking a comprehensive review of prisoner wages, and it is anticipated this work will conclude by the end of the year and the outcome of the review to be implemented soon after in 2025.

Response
HMP Wealstun has been selected as one of only five prisons nationwide to receive targeted funding aimed at enhancing both resources and infrastructure. This strategic investment is also set to significantly expand prisoner opportunities at HMP Wealstun. HMP Wealstun holds a weekly Regime Management Plan which enables it to effectively manage resources and, when necessary, reallocate them to address any local risks. Education funding at site level is based on a specific cost per prisoner, and as the prison population increases, the funding should be reflected in that increase in Operational Capacity.

Response
HMP Wealstun has been selected as one of only five prisons nationwide to receive targeted funding aimed at enhancing both resources and infrastructure. This strategic investment is also set to significantly expand prisoner opportunities at HMP Wealstun. Management at the prison are currently undertaking a comprehensive review of prisoner wages, and it is anticipated this work will conclude by the end of the year and the outcome of the review to be implemented soon after in 2025. Education funding at site level is based on a specific cost per prisoner, and as the prison population increases, the funding should be reflected in that increase in Operational Capacity.