Downview

Response
I fully appreciate the Board repeating its concerns about acutely mentally unwell women at HMP/YOI Downview. I can confirm that the Government and the Ministry of Justice are working with the Department of Health and Social Care to introduce a Mental Health Bill as soon as possible. This will include a range of reforms to support and improve access to mental health care for patients in the Criminal Justice System so that those affected get the timely care they need. It is also acknowledged that there are pressures on mental health services nationally and the Board’s concerns do echo the findings from the report by HM Inspectorate of Prisons ‘The long wait’. In response, NHS England Health and Justice National team are working strategically across the system to improve pathways, including closer regional oversight of data and process which is feeding into the strategic work.

Response
Turning to population pressures, I hope the Board welcomes the interim measure to free up prison places which the Lord Chancellor announced on 12 July 2024. This temporarily reduces the time those sentenced to Standard Determinate Sentences serve in prison from 50% to 40% and HMPPS will assess the impact of these measures on the prison population. This could enable targeted reductions of the least suitable prison places, but it is not possible to commit further until the policy is successfully implemented and the overall capacity position has stabilised. I’m sure the Board can understand that sentencing is a matter for the Judiciary, but HMPPS does continue to raise awareness of the specific issues which are faced by women who offend and increase the understanding of the possible implications and opportunities of sentencing, through the completion of pre-sentence reports and the wider roll out of briefing materials to court staff. HMPPS is also working with partners across Government and the women’s community sector, with a focus on; intervening earlier and diverting women away from the criminal justice system where appropriate; reversing the decline in the use of robust community sentences for women; and ensuring that those women who do need to be in custody are given the best chance possible to tackle the drivers of their offending and to contribute meaningfully to society.

Response
HMPPS notes the Board’s ongoing concerns about property when a prisoner transfers establishments. The emphasis must remain on prisoners complying 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 simply not possible to transfer with a prisoner all excess property which they might have accrued above these limits. There has been a requirement since the introduction of the Prisoners’ Property Policy Framework for prisons to transfer any excess items within four weeks. Previously, there was no time limit in place. HMPPS is however aware of the problems around practical application of the policy and continues to look at what further can be done to improve this. The Prisoner Escort Custody Services (PECS) vehicle fleet is designed to transfer the number of prisoners intended, together with their property in line with the volumetric limit. In addition, the PECS Supplier shall transfer a reasonable volume of legal documentation. The introduction of the digitally recorded Prisoner Escort Record includes a property section that accurately records the number and type of sealed property, ‘owned’ by and transferred with the prisoner, and an accurate record of property handover between different Stakeholders. This is now embedded as business as usual. The digital process has assisted with investigations for property that is lost in transit with the PECS supplier, however, PECS receive few complaints for lost property overall and often the issue is not attributed to the PECS Supplier. PECS review complaints during monthly formal meetings with the PECS Supplier. During the last 12 months there have been no complaints received from HMP/YOI Downview in relation to the loss of property attributed to PECS. For property delay, in-line with the HMPPS Prisoner Property Framework, if the limit of items allowed in possession has been reached, and if there is no space on the Escort Vehicle to transport items safely and securely, then responsibility for transfer of any remaining items remains with the sending prison.

Response
Due to population pressure in the prison estate every bed matters. Flows into HMP/YOI Downview allows spaces to be available within local prisons to serve the courts. Due to the increase in movement of prisoners throughout the estate it is important that all prisons adopt a flexible approach to receiving prisoners. HMP/YOI Downview do make arrangements to transfer prisoners for local release, accept prisoners to allow them to have accumulated visits closer to friends and family, or arrange a more appropriate transfer to a prison closer to home where possible. Additionally, Pact help prisoners and their families to build and maintain stronger ties, and for women who do not receive visits, Pact has been holding support groups as mentioned in the Minister’s response.

Response
HMPPS believes that prisoners should experience equivalence with services for the public in relation to commissioned health and social care services in prison and are committed to providing access to quality dementia care to people in prison. HMPPS works closely with NHS England and Wales to support this work, who the Board will be aware are responsible for all health and social care services including dementia care along with the local authorities. This has been an area of challenge for the NHS England Regional Health and Justice team. Work commenced with the Integrated Care Board (ICB) in June 2023 with minimal improvement. Escalation within the ICB Surrey Heartland system has resulted in a response from the joint intelligence group which has been working to embed a process to ensure all referrals are progressed.

Response
Attendance data for education and activities is captured by the prison and recorded via Digital Prison Services (Nomis) and the Curious system. Curious contains the contracted, education timetabled activity commissioned through the Annual Delivery Plan. Attendance is managed through the Education Skills and Work (ESW) team at site level, monitored via the Education Performance Meetings and reviewed as part of service level assurance. Monthly tier 2 reviews are undertaken by the Education Group to confirm the accuracy of data input into Curious, if anomalies or recording errors are identified this is raised directly with the ESW team at the establishment, to provide an explanation or take appropriate necessary action if required. Processes have been shared with all establishments to ensure they understand the requirements around inputting attendance data into Curious. Locally, the prison discusses attendance data daily at operational morning meetings, comparing figures from the wings against those recorded in the activity department, factoring in additional elements such as individuals signed off sick. The Reducing Reoffending and Education, Skills and Work teams provide audits to monitor the efficiency and accuracy of recording, with the priority of making sure as many prisoners as possible attend their allocated activity. The Governor chairs a fortnightly Activity Allocation and attendance review meeting to ensure they are realising the best possible results.

Response
In relation to the Prison Advice and Care Trust (Pact) contract, I can clarify that ‘Open Book’ accounting has been conducted and they are operating within the agreed contractual profit margin. The supplier is absorbing an overspend on delivery, due to the contract being fixed price until 2027. The costs are not excessive, as the Women’s Estate was allocated a larger pot of funding per prison given their unique needs for family work. There are quarterly contract reviews between the prison and Pact, with HMP/YOI Downview’s own assessment that Pact has improved delivery this year. Additionally, for women who do not receive visits, Pact has been holding support groups wing by wing since January 2024.

Response
I appreciate you highlighting the suspected data breach to me. I would like to emphasise to the Board that the role of the IMB staff at the Ministry of Justice is to advise local Boards on matters of compliance and their advice was based on the evidence the Board provided. I know the Information Commissioner’s Office decided no further action was required based on the actions that were already being taken. IMB staff are ensuring that the actions identified from this incident are applied going forwards.