Another Year, Another Woeful Report on Youth Custody

 

Another year, another troubling report on a child prison. This time it’s Werrington, a small former Industrial School near Stoke which takes teenage boys mainly from the Midlands. The Independent Monitoring Board (IMB) explain in their Annual Report how last summer they considered the Young Offender Institution to be such an unsafe environment that they had to alert prison chiefs in London to their concerns.  

The watchdog found Werrington “often a dangerous place” with an atmosphere of threat and intimidation. 328 weapons were fashioned by young people in the year to August 2021. In February, a violent hostage-taking incident led to £50,000 worth of damage. The IMB were understandably dismayed to learn that a “conflict resolution team” had been disbanded in late 2020, leaving staff and young people without a route to solving problems. They also point to a worrying lack of trained negotiators.

Part of the explanation for the rising violence is the frustration caused by extended periods of 22-hour lock-up – something the Board consider amounts to prolonged solitary confinement of children (prohibited under international law).  The IMB see the disturbingly short time children were out of their rooms especially at weekends as a form of torture.

Due to construction works, some very emotionally distressed young people have been unable to access a unit providing a greater level of support and as a result “created chaos” on the normal wings. “Staff were sometimes seen mopping up flooded water with plastic bags over their shoes and trying to dispose of insanitary water”.

The Board report that for many young people, the rooms in which they spent so much time “were not fit for habitation.” Young people regularly requested that their family photographs (including themselves) be displayed, but this was not allowed due to security issues, a response which the IMB finds inhumane.

The IMB does not consider the educational provision adequate, in part due to lack of facilities but also because of the regular outbreaks of violence. Throughout his time at Werrington, one young person was unable to read and write so could not access the menu to order what he wanted to eat.

It’s not all terrible. The IMB point to good, professional care by the staff, the installation of phones in all boys' rooms for improved contact with family and friends and regular contact with healthcare, chaplaincy, and social work staff. And of course the pandemic lies behind some of the serious problems, restricting regimes and creating staff shortages

But what this report confirms is the fundamental unsuitability of the young offender institution as a model for dealing with children in custody- something which in truth has been known for decades and even accepted by the government for years. 

We still await the first secure school heralded as a new way forward; and for details of a promised expansion of places in secure childrens homes which have inexplicably been allowed to dwindle. The number of secure beds for children in the health service also fell between 2018 and 2021- from 257 to 188. This is hard to justify, not least in the light of last month's IMB report on another YOI, Wetherby, which, for the sixth year running, asked the Prisons Minister  "what is being done to increase the number of beds for those young people for whom prison is clearly not the right place?"  

Covid notwithstanding, the failure of youth custody to cope with a historically low population does not bode well for a future in which more children are projected to enter closed institutions.  

Spending watchdog the National Audit Office have started some work in this area  - their first foray into youth justice for over ten years.  It's a quarter of a century since a report by their now defunct sister organisation -the Audit Commission- published the influential report Misspent Youth . It paved the way for far reaching youth justice reforms. Could something similar be on the cards this year?     

 

Not a Great Year for Prison Reform

Prison reformers are nothing if not optimists, but 2021 won’t be remembered as a great year.

Dismal projections in November suggested prison numbers could reach 98,500 over the next four years. The Treasury confirmed funds to continue the biggest prison building programme in more than a century.  G4S will open HMP Five Wells for business in February although plans for two of the further six proposed new establishments, in Lancashire and Buckinghamshire, have aroused local opposition.

With a prison population rate already well in excess of our Western European neighbours (Scotland aside), surely £4 billion should be spent more productively than locking up more people for longer. Prison building seems increasingly justified on grounds of local economic development and even levelling up rather than penal effectiveness or crime reduction.

The new jails are unlikely to replace unsuitable old ones – indeed the Prison Service appear to have signed yet another new lease with the Duchy of Cornwall to keep HMP Dartmoor open 212 years after it was built to house French PoWs.

Conditions in many prisons remain poor or even unsafe. It will take at least seven years to install automatic cell fire detection across the estate.  The pains of imprisonment have been exacerbated of course by the restrictions caused by the pandemic, back in place at years end as they were at its start.  

Youth custody is in a mess following the closure of Rainsbrook Secure Training Centre and serious problems at Oakhill. The Medway Secure School, heralded five years ago as a brave new world is reportedly delayed yet again, possibly not opening until 2023. Efforts to better meet the developing needs of young adults have stalled.

Glimmers of hope may lie in an expanding and newly reunified probation service, notwithstanding Prime Ministerial nonsense about chain gangs. 2021 saw the launch of the first new Probation hostel for, extraordinarily, thirty years – a period which has seen 19 new prisons built.

A new generation of problem-solving courts could divert more people from custody and sensibly implemented new arrangements for Out of Court disposals could reduce prosecutions. These initiatives could help ensure that 23,000 new police do not inexorably bring about 20,000 more prisoners.  

A relatively small part of the projected increase in imprisonment will directly come about via the longer custodial terms for serious offenders contained in the Police, Crime Sentencing and Courts Bill which has been wending its way through parliament this year. Their impact could be greater if they have a knock-on effect on the length of terms imposed by courts for less serious crimes.

Stopping that happening will be a job for the Sentencing Council. Promisingly, it has decided to give overdue priority to considering evidence on the effectiveness of sentencing and enhancing ways to raise awareness of the relevant issues.  

Back in 2008, when in Opposition a Conservative Shadow Prisons Minister told MPs “the rise in the number of prisoners from 60,000 to 83,000 should not be a point of pride. It should be a point of shame.” He was right. Going up to almost 100,000 would be even more shameful.

So as we go into 2022, lets hang on to the thought that while a future with more and more prisoners is looking likely, it isn’t inevitable.

 

 

Old, New, Borrowed, Blue

 

As someone said about Russian novels, today’s Prisons Strategy White Paper is something of a loose baggy monster.  It contains the usual mix of broad assertions - “having an effective prison system is central to the Government’s mission to level up the country” and detailed info (594 staff, 154 drugs dogs and over 200 archway and handheld metal detectors are involved in enhanced gate security).

The strategy covers action over the next two years and a longer-term ten-year vision. Despite its range, there are some curious omissions: nothing on youth custody (something of a mess at the moment), and very little on countering violent extremism. Nor is there much I can see on tackling racial disparity. On the plus side, comments are invited by February on a set of questions. The Ministry of Justice seem happier to consult on how people are managed in custody than on how long they should stay there.

Reading through the White Paper provides a fair bit of déjà vu.

There’s yet another outing for prison league tables, proposed back in 2016 “to show which prisons are making real progress in getting offenders off drugs and developing the education and skills they need to get work”. And a further plan to empower governors, more than five years after PM David Cameron vowed to give them “unprecedented operational and financial autonomy” trusting them to get on and run their jail in the way they see fit. Will these old chestnuts come any closer to implementation than last time round? The plans seem a bit more granular than before – (yes, the strategy includes that ghastly term) - but no mention is made of why earlier efforts didn’t get off the ground.

There is something new in terms of ideas (or perhaps just labels) – Resettlement Passports which sensibly collate the documents prisoners need on release; a Prisoner Education Service to try yet again to breathe life into a poorly structured and long under performing part of the system; and an innovation task force to identify and pilot new ways of reducing violence and self-harm. There are promising suggestions of more IT access for prisoners and staff which is way overdue.

By contrast, an ambition of the purported new approach to women’s prisons, should surely not be to introduce “smaller, trauma responsive custodial environments for women on short sentences” but to develop the necessary measures in the community to keep these women out of prison altogether.

It’s encouraging that the strategy borrows from the women’s estate the idea of providing trauma informed training for staff in men’s prisons and a welcome acknowledgement of  the scale of neurodiversity.  It's still jarring to read that "around half the prison population have suffered a traumatic brain injury." 

Borrowing the idea of employment advisers and hubs in prisons could help make a difference to job prospects on release.

It’s less clear whether fast track adjudications – for which the strategy prays in aid the concept of procedural justice- will in fact be perceived as fair by prisoners who find “their case diverted straight to the punishment phase more quickly". It will also be worth watching closely how prisons apply the lessons of lockdown. It may be true that “mass unstructured social time can make some prisoners feel unsafe and can inhibit the ability of staff to manage risks of violence and bullying”. But this shouldn’t mean more time behind the cell door becoming a norm.

What’s blue? Depressing certainly is the £4 billion investment in 20,000 new prison places. Yes, six new prisons will serve to modernise the estate. But there is no mention of "new for old". These are additional to not replacements for a crumbling set of buildings, needed because of a policy choice to lock up more people for longer. 

Back in 2016, Cameron thought “politicians from all sides of the political spectrum are starting to realise the diminishing returns from ever higher levels of incarceration”. On that, sadly, he was wrong. Where he was right was to pose the question: "wouldn’t we be better to focus our scarce resources on preventing crime in the first place and by breaking the cycle of re-offending"? 

That’s not answered here, nor even properly asked.

More On Fire Safety in Prisons

 

The Mid Kent and Medway Coroner has published a troubling inquest report on the 2019 death of Christian Hinkley. Christian died by smoke inhalation when a fire developed in his cell at HMP Swaleside. The report has been sent to Prisons Minister Victoria Atkins because the Coroner thinks that “action should be taken to prevent future deaths” and believes the Ministry of Justice has the power to take such action.

The report found the system of smoke and fire detectors outside the cells in Christian’s houseblock is not designed to save life, is not regarded by the prison service as reliable and does not provide an acceptable permanent standard of fire detection.

Worse, the Crown Premises Fire Safety Inspectorate (CPFSI) issued a Notice in 2015 advising the prison to take action so that fires were detected sufficiently early. Four years later, in April 2019, a further CPFSI inspection led to another such Notice being issued. The Coroner considers “the only effective way to address this problem is to install in-cell automatic fire detectors”.

The Inquest has clearly identified a systemic problem, aspects of which I highlighted earlier in the year. Since then, the Chief Inspector of Crown Premises Fire Safety has published their latest Annual Report. It raises some pressing questions.

First, the report says that CPFSI agreed with Her Majesty’s Prison and Probation Service (HMPPS) in 2015 that an acceptable interim solution to the lack of suitable in cell automatic fire detection would be installing domestic smoke detectors either in the cell or immediately outside and above the cell door. But in the light of the Swaleside inquest this latter option at least may not work well enough. As for in cell detection, the inspector wrote that it has proved to be a major managerial challenge for prison staff to prevent tampering and vandalism to the domestic smoke detectors. What is HMPPS doing to address that problem?

Second, the Coroner wrote that the plan to install in cell automatic fire detection systems in all prisons in England and Wales “is currently in the development stage.”  It may take up to 7 years to complete in 35 prisons across England and Wales -and the Coroner says, “perhaps longer for others.” Is this really a prompt enough response to a system that is inadequate and unsafe and on which the inspector says action is imperative? A prisoner in a cell will die within 8 minutes of ignition of an in-cell fire.

Third, the arrangements (and teeth) for inspection look in need of sharpening up. CPFSI report that in 16 full audits of prisons, two were served with Enforcement Notices, 13 were required to produce an action plan within 28 days and one was found to be satisfactory. Of the 15 prisons which had to respond to formal enforcement action, none received a satisfactory standard by the time of a follow up inspection. Nine had minor deficiencies, five were required to produce an effective action plan and one Enforcement Notice remained in force. Do prisons and HMPPS take the inspections seriously enough?

Finally, it seems poor that the CPFSI should only produce their annual report for 2019-20 in October 2021- 18 months after the end of the reporting year. As far as I know, the report receives no scrutiny from members of Parliament, and receives no response from Government.  

The Chief Inspector’s role on behalf of the Government is to ensure that people are safe from fire in Crown Premises in England. Since custodial premises are by far the highest risk from fire “given the nature of the institutions and their occupants”, I’d like to see the Home Affairs Select Committee  (who are responsible for the Inspectorate) and the Justice Committee hold a short inquiry into fire safety in prisons and other places of detention.  

In the meantime, Ms Atkins has until the end of the year to respond to the Coroner and in particular his idea that, pending the long-term work to improve fire detection, detectors could be installed as a priority in a small number of “fire safer cells” on each wing of each prison so that prisoners at high risk of setting fires can be placed in them. Ms Atkins will have to say whether using such cells is practicable given overcrowding pressures and if equipping them in this way is cost effective. 

While these may seem technical questions, they deserve much more attention than they have hitherto received.

 

Ten Things We Learned about Youth Custody

 

New Prison Minister Victoria Atkins gave evidence to the Justice Committee about the two privately run Secure Training Centres (STCs), Rainsbrook and Oakhill, both of which have been subject to Urgent Notifications by Inspectors to the Justice Secretary in recent months. Ofsted and the Prisons Inspectorate have had significant concerns about the treatment and conditions of the children detained there producing reports that were in the words of Committee Chair Bob Neill “utterly dire.” Ms Atkins was flanked by the Head of the Youth Custody Service (YCS), who oversees the STCs and the Head of the Prison service, who oversees the YCS. So what did we find out?

1 Rainsbrook STC has closed down, but whether temporarily or permanently isn’t clear. Negotiations with the provider MTC are nearing conclusion so we’ll presumably find out soon if it will re-open and if so under whose management.

2. In the meantime 84 staff from MTC have been transferred to help Home Office with immigration contracts working in an unspecified “open service”. This saves the MoJ £200,000 a month from the bill they are paying for an empty facility.

3. Up to 5 girls were moved from Rainsbrook to the Keppel unit at Wetherby Young Offender Institution in the summer. This was hitherto an all-male establishment. Committee member, ex Prisons Minister Maria Eagle was particularly concerned about a fundamental policy shift but was told it’s a temporary measure. Longer term plans will be set out in a YCS strategy on girls next year.

4. As for Oakhill, there are 32 boys there and they are still taking admissions. The operational capacity has been reduced from 80 to 40 and will remain until a follow up Ofsted inspection takes place.

5. The MoJ have issued 4 “rectification notices” since March and have been concerned about problems at Oakhill since January. The MoJ asked Ofsted to visit in September. Ms Atkins hauled in the MD of G4S within two days of taking up her post and visited Oakhill last week.

6. The pledge in the Action Plan that “a full refurbishment plan for Oakhill STC will be developed by the end of December 2021 and work will commence thereafter” appears exaggerated. “Sprucing up” was the term used by Committee member Rob Butler.

7. It’s not clear who is paying for these refurbishment works. The PFI/ SPV (Private Finance Initiative Special Purpose Vehicle) pays for it said the Head of YCS. So no extra money from the MoJ said Mr Butler. I can’t remember what those initials stand for said the Minister, referring to the SPV. “Goodness knows what it does frankly”. She is not a fan of the contracts for either of the STCs.

8. Ms Atkins and her boss, who she always referred to as the Deputy Prime Minister, are looking at all aspects of the MoJ’s work including the viability of Secure Training Centres. As part of their review, they are considering "all contractual options" which seems to be code for pulling the plug on a PFI contract with 8 years to run. But do they want a big bill and a falling out with G4S who are due to open a big new prison in February?

9. Enabling work to re-convert the old Medway STC into a suitable building for the new Secure School seems only just to have got underway. Delays are due to Ofsted’s exacting design standards- including that  no stairs are allowed. But no one asked how likely the Medway Secure School is to open next September.

10. Ms Atkins told the MPs that at Oakhill she met four young men facing very long sentences for serious crimes. One asked her “Will you remember us?” She described their crimes as being a tragedy for the victims and their loved ones. But also for the young men faced with spending all their twenties behind bars. The task is to give them hope, she said. Perhaps that should give us some.

Postscript: The Justice Committee has now published a letter from Ms Atkins dated 16 November confirming much of the above. 

 

 

Defund Prisons?

 

With prisons literally falling to pieces, presenting serious risks of fire and struggling to retain staff, it may seem perverse and even dangerous to argue that the Ministry of Justice (MoJ) should spend less on them.

And so it might be if funds were being earmarked to replace Victorian relics like Winchester where monitors report control room staff exposed to “unpalatable smells” from corpses of poisoned rats, or Wandsworth, rated unsafe, inhumane and “totally unfit for purpose.”

But the £3.8 billion capital spending announced by the Chancellor last week won’t fund new for old modernisation of a crumbling and unsuitable estate but simply increase its overall capacity by 20,000 places, adding 25% to a prison population whose rate exceeds that in every other western European country.

The Spending Review claims the programme “will support the transition towards a more efficient, safe and environmentally sustainable prison estate” but unless prison numbers undershoot the projection of  98,700 by 2026, there will be no scope for reducing overcrowding across the system as a whole, let alone closing the oldest and most brutalising prisons.

The bigger question of course is whether such an eye watering sum of money could be better used in other ways. Did anyone in the Treasury ask it? Their Green Book says “appraisal of alternative policy options is an inseparable part of detailed policy development and design”. It would not take any official long to find the latest US meta research study confirming that “custodial sanctions have no effect on reoffending or slightly increase it when compared with the effects of noncustodial sanctions such as probation”.

Such evidence may count for little given the current political capital behind punishment and prison expansion but what’s disappointing is how little debate there’s been about other ways at least some of the prison funds could be used.

Two years ago former Met Chief Ian Blair proposed that the police should recruit half the promised 20,000 extra officers with the remaining resources used more creatively on measures recommended by a Royal Commission or People’s Panels. These might want other kinds of police staff (such as analysts dealing with cybercrime) or, “of even more importance, other services which help prevent crime in the first place”.

Sadly, this Justice Reinvestment approach has not been taken up in respect of policing, but as for prison spending it hasn’t really even been put forward- apart from in the campaign to abandon the  plans to build 500 new prison places for women, which so obviously fly in the face of the government’s own female offender strategy.

The MoJ’s current ideas in large part involve new and expanded Category B and C prisons. Back in 2010, the Coalition agreed to “explore alternative forms of secure, treatment-based accommodation for mentally ill and drugs offenders” but went nowhere. Residential rehabilitation has diminished over recent years. Such options are among the community based and institutional measures which should be funded with the Treasury’s billions. Prisons are a dead end- and a costly one.  

Honesty on Prisons

Dominic Raab told his Party Conference this week that the government is investing £4 billion to deliver 18,000 extra prison places. How’s that going?

Whatever one thinks of the policy- not a lot in my case- the programme to deliver it looks to be making some progress. But considerable uncertainties remain, especially in respect of planning permission and budgets for new prisons; and increasing capacity in existing ones. I wouldn’t bet much on all of the additional places being available by 2026.

In May, the Ministry of Justice (MoJ) told the Justice Committee the 18,000 place expansion plan for  the prison estate is made up as follows:

6 New Builds	9,800
Estate Expansions	6,400
Rapid Deployment and Temporary Accommodation	1,400
Estate Conversions (re-rolling existing facilities into prisons)	400
Total	18,000

 

The 6 new builds comprise two Category C prisons where construction is underway:  the 1,680 places at HMP Five Wells where prisoners will arrive in February 2022 and a similar number at Glen Parva due to open in Spring 2023 after various delays.

Detailed plans have been submitted for two other prisons; the new 1,440 place Category C Prison at Full Sutton is being considered by East Riding Council. If approved, building will start next year. Harborough District Council in Leicestershire is not expected to decide until next year on the application for a 1,715 place Category B prison next to HMP Gartree.

A number of other options are being explored for the other two proposed new builds. A pre application consultation was held earlier in the year on a new Category C resettlement prison for 1,440 on land adjacent to HMP Grendon and HMP Springhill in Buckinghamshire.  A similar consultation was held over the summer about a new 1,715 capacity Category C prison on land next to HMP Garth and HMP Wymott in Chorley, Lancashire.

Additionally, recent weeks have seen a proposal for two new prisons in Essex. Local residents have until 8 November to comment on ideas for a Category B and Category C prison on RAF land at Wethersfield  each of which would accommodate 1,715 prisoners.  

Wherever the final sites, the MoJ is working hard to reduce building time by using standard designs, encouraging off site construction and creating an alliance of 4 building companies who will work together to plan and set up supply chains.  Each company will be allocated one prison to deliver in due course.

Even so, completing all four by 2026 could prove challenging; contract signing to completion looks likely to take almost three years in the case of Five Wells but nearer four or more for Glen Parva.

That’s why an important part of the programme involves making existing prisons bigger. Capacity is being expanded by 938 at HMPs Guys Marsh, Rye Hill, Stocken and High Down. Other establishments look set to hold more prisoners. A consultation is underway about an additional  247 place house block for men at HMP Gartree. Estate expansion includes the wholly unjustifiable creation of 500 new places in five women’s prisons.

MOJ staff were told this week in an update on the Department’s Outcome Delivery Plan that “there are some elements that aren’t progressing as hoped, for example the houseblock programme” but no details were provided. In coming months and years, monitoring this - and indeed the overall programme will be an important task for MPs on the Justice Committee.

The idea that simply adding more cells without extending a prison’s capacity to provide a decent and rehabilitative regime for their occupants is, in any event deeply flawed. Independent Monitors at Wymott reported today that “the kitchen, built in 1979, continues to struggle to cater for more prisoners than was originally planned.”  

The IMB also reported that one wing has been closed for failing to meet health and safety legislation and that “other wings have been in a dire state for many years”.

The Lancashire Prison seems a microcosm of the existing estate, much of which is not fit for purpose. Rather than build a new prison next door, the Prison Service would do better to bring existing facilities up to scratch and reinstate their new for old policy with the worst prisons closed and if necessary, replaced. That of course would require a stabilisation and ideally sharp reduction in prison numbers. 

Sadly, that’s not something we are likely to see. The Justice Secretary thinks “we need the extra cells to restore some honesty in sentencing.” 

What we really need is honesty on prisons.