Making a complaint in prison

The complaints system within prisons is the main recourse you have for raising and resolving treatment which you think has been unfair or at odds with the prison rules and instructions. Despite this, we are sometimes surprised by how little some people know about how the complaints system should work. We thought the following reminder of some of the key points in PSI 02/2012 Prisoner Complaints would be useful.

Both ordinary complaint forms (COMP 1) and appeal forms (COMP 1A) must be made freely available to prisoners on the wing, close to the box in which the completed forms are submitted. Although this seems like a basic requirement, we have had a number of reports recently that forms have not been readily available and that it can be difficult t get hold of them.

The complaints system should be inclusive. Establishments must have arrangements in place that will allow a prisoner to make a formal complaint orally to a member of staff if needed. Those with limited use of English may be allowed to submit a complaint in their own language, though the prison may require longer to respond to these cases.

The prison does have the authority to impose restrictions on the number of complaints you make, such as limiting you to one per day, if you are considered to be abusing the complaint process. For this reason we advise people to use the complaints process appropriately, try to prioritise important complaints and refrain from making multiple complaints about the same issue whilst within the normal time limits for the prison to respond. However, PSI 02/2012 is clear that ‘a prisoner’s right to make a complaint must in no instance be completely withdrawn’.

You should receive a response to a complaint within 5 working days.  If this is genuinely not possible the prison can provide an interim response to explain the reason for the delay and let you know when you should get a full reply. You should be kept informed about the progress of your complaint and receive the full response in a reasonable time. More information about time limits can be found in Annex B of PSI 02/2012.

We sometimes get sight of written responses which are difficult to read, fail to address issues raised or give limited explanations. This in contrary to the PSI which states that responses should address the issues raised, and should be polite and legible. A clear explanation should be provided for any complaint which is not upheld.

If you are unhappy with the response to your complaint you can appeal using a COMP 1A form, which you should do within 7 calendar days of receiving the response. You should receive a response to the appeal within 5 working days and it should be answered by someone at a higher level in the management structure than the person who provided the original response.

If a complaint is about a particularly sensitive matter, you may wish to submit a confidential access complaint using a COMP 2 form. These forms and envelopes to seal them in should be readily available with the other forms. You can address it to the Governing Governor, the Deputy Director of Custody (DDC) or the Chair of the IMB. We advise using this only when appropriate as otherwise it can be returned to you to pursue through the normal channels and therefore delay a proper response. Read the notes on the COMP 2 form carefully to help you decide if your complaint is suitable.

If you feel a complaint is still not resolved after appeal, you can ask the Prisons and Probation Ombudsman (PPO) to look into it. The PPO will only investigate complaints once you have completed the internal complaints process, and it should be less than three months since you had a response to the final stage of your complaint.  Prisoners sometimes report that their complaints are being lost or hindered at the prison and therefore preventing them from seeking help from the PPO. You can however complain to the PPO if you have not had a final reply to your complaint within 6 weeks.

If you are experiencing difficulties with any of the above, including difficulty in accessing forms and being banned from making complaints, please contact us for information and advice on the subject.

You can contact the Prison Reform Trust’s advice team at FREEPOST ND6125 London EC1B 1PN. Our free information line is open Monday, Tuesday and Thursday 3.30-5.30. The number is 0808 802 0060 and does not need to be put on your pin.