Rye Hill

The Board remains concerned that there is no centrally directed, long-term solution to the injustice of the IPP (imprisoned for public protection) sentence and its impact on the mental health and wellbeing of affected prisoners. The IMB has raised this for a number of years, but since the rejection of the Justice Select Committee’s recommendations, there does not seem to have been any alternatives put forward. We acknowledge the work HMP Rye Hill has done internally to support these prisoners, but as many have complex needs, additional budget and central support for individual progression plans may be the only way these prisoners stand any chance of release. When and how will the Minister address this serious injustice?

I appreciate your continued concerns regarding Imprisonment for Public Protection (IPP) sentences. 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 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 using the following link: https://www.gov.uk/government/publications/hmpps-annual-report-on-the-ipp-sentence-2023-to-24.

The Board was pleased that one terminally ill prisoner was given compassionate release during the reporting period. However, the Board is still concerned that the process remains unnecessarily difficult, particularly as it requires a GP’s diagnosis of terminal illness to be confirmed by a hospital consultant. The long waiting times to see an NHS consultant add unnecessary delays, which can be the difference between a prisoner dying while still in prison or in a setting of their choice.

I note the Board’s concerns regarding Early Release on Compassionate Grounds (ERCG). HMPPS balance essential public protection concerns with the needs of prisoners who may be reaching the end of life or have serious and complex health or social care needs while serving custodial sentences. The policy allows for prison Governors to make applications at any stage of a prisoner’s sentence when a terminal or complex diagnosis is given. For terminal diagnoses, while the policy provides a guide that the prisoner is within the last few months of life as an appropriate point at which to release under the provisions of ERCG, each case is considered on its own merits. The current process to confirm diagnosis, provides vital and necessary information for an informed decision to be made regarding the need for early release and possible ongoing care requirements in the community if early release were to be granted.

The Board remains concerned that prisoner-requested transfers within the estate have remained all but impossible, meaning that many prisoners remain held a long distance from their family and friends. While acknowledging that the over-population issue is partly to blame, there does not seem to be any active consideration of family ties when decisions are made on where prisoners are located, which can have a serious impact on their mental wellbeing.

As a training prison and a national resource, HMP Rye Hill could receive from anywhere. However, where practicable, prisoners are accommodated as close as possible to their home probation region to maintain family ties and aid resettlement. Whilst this is a priority, unfortunately, it is not always possible due to a variety of factors including wider population pressures, security concerns or where prisoners have specific sentence planning needs which can only be met at certain establishments. The establishment works closely with population management and has a local transfer strategy to ensure that appropriate prisoners are both allocated and transferred to and from HMP Rye Hill. We note that there are occasions when individuals request a transfer on compassionate grounds, and we work on a case-by-case basis to reach an appropriate decision. Due to the pressures that are being seen nationally, this is often a challenge. However, we do whatever we can to reach an appropriate outcome in all circumstances.

The Board is disappointed that the problem continues of prisoner property not being sent when transferring into HMP Rye Hill. With the requirement to send the old property card (an official record of a prisoner’s personal items) with the prisoner now established, could the admissions’ process include a check against the old card while the new card is created? This would highlight missing items, which could be immediately reported to sending prison.

HMPPS is aware of the problems around property and continues to explore what further can be done. Since the introduction of the Prisoners’ Property Framework, prisoners must comply with volumetric control limits since any property within these limits will be transferred with them. This includes items which are exempt from volumetric control, such as legal papers. It is not possible to transfer with a prisoner all excess property which they might have accrued above these limits and any excess property outside of these limits should be transferred within four weeks. Property cards must be updated to reflect any changes to a prisoner’s property and prisoners must be invited to sign the card as soon as possible after any changes, having a proper opportunity to see that it is correct. All property accompanying prisoners leaving the prison for any reason, including for court appearances or transfer to another establishment, must be checked against the property record cards and discrepancies recorded. A prisoner must be invited to sign any newly created property card at the receiving prison.

The Board has no areas for development it wishes to highlight within the reporting period. However, there remains some concern about the accelerated time frame for the opening of the new building and subsequent migration to an all-category C establishment. Monitoring in the coming reporting period will focus on the allocation of prisoners to the new accommodation blocks, as well as on the support provided to the more complex category B prisoners to help them progress before it becomes necessary for them to move to a new establishment, which may disrupt their progression.

I note the concern you have raised in relation to the opening of the new building which the Director will continue to keep you aware of as work continues.

The Board is concerned about the number of older prisoners who have complained to the IMB about being required to retake English and maths Level 1 qualifications to obtain a particular work role, because they have no way to prove their qualification/s. We would like to see a balanced approach taken when prisoners are clearly proficient in the skills even when formal certificates cannot be produced.

There have been no further applications to IMB concerning this issue and there now seems to be a more pragmatic approach where prisoners can sit the relevant test without having to attend the course so they then have a formal record of their achievement level.