Property

Our Advice and Information service often receives enquiries about loss or damage of prisoners’ property. Problems seem to occur particularly around cell clearances and transfers. This is echoed by a useful ‘Learning Lessons Bulletin’ produced by the Prison and Probation Ombudsman in 2014 regarding property complaints which reports that three-fifths of the upheld investigations in response to property complaints came as a result of prisoner movement.

We sometimes hear of ‘in possession’ property going missing following an unexpected or unplanned relocation within the establishment, such as being moved to segregation. Although the Prison Service does not normally accept responsibility for property held ‘in possession’, there are exceptions. Regarding in possession property, the Ombudsman states that ‘responsibility passes to the Prison Service when the prisoner is placed in a position where they cannot exercise effective control over their property – including when moved to the segregation unit.’ We have heard of cell mates clearing cells unsupervised and property being left vulnerable to theft. PSI 12/2011 ‘Prisoners Property’ contains a section on cell clearance which gives clear guidelines as to what should happen in these circumstances.

Property left in a vacated cell should be secured and checked as soon as possible. The guidelines state that two members of staff should be present at a cell clearance. They should make sure all in-possession property left is recorded on a Cell Clearance Certificate and that this certificate is kept with the property record cards. Any discrepancies between the records should be recorded. In the case of shared cells, the remaining prisoner should also be present to identify their own property.

The cleared property should be placed in property bags and sealed. When this property is returned to you, the property bags should be unsealed in your presence so that you can check the contents.

Transfers are another time when some people experience difficulty with property. On transfer, property should be sealed with a unique security seal which should be recorded on your property card. You should be asked to sign the card to confirm that the record is correct and a record made of any disagreement about the property due to be returned. On arrival, all property bag seals must be checked against the Person Escort Record.   If the bags or seals are opened or damaged, those bags must be searched and resealed ideally in your presence. You should be asked to confirm in writing that a new seal has been applied.

 PSI 12/2011 says that, other than some brief temporary absences, all prisoners’ in possession property, valuables and locally stored property should accompany them subject to volumetric control levels when they are discharged if they are not expected to return, including court appearances. In practice we are aware this does not always happen.

If you have been moved to another establishment arrangements should be made to transfer property that did not accompany you as soon as possible, including in possession property from a cell clearance and locally stored property.

Some prisoners have difficulty resolving and complaining about property transfer problems at the receiving prison. However, PSI 02/2012 Prisoner Complaints indicates that the establishment where you are located at the time you submit a complaint is responsible for ensuring you get a response. You should not be asked to contact the sending prison directly. The response may be provided by the sending prison but it is up to the receiving prison to request and chase this for you. Neither should you be told to pursue complaints with the escort contractor or courier company. It is the Ombudsman’s view that ‘the establishment the prisoner has left is responsible for the safe transit of the prisoner’s possessions – including the period of escort.’

It is worth noting that the time limit for responses to stage 1 or stage 2 complaints involving another establishment is 10 working days rather than the usual 5.

If you believe that the guidelines have not been followed properly and has resulted in loss or damage of your property you should make a complaint using the prison complaints system. Give as much detail as possible as to what items have been lost or damaged, where and when the items were purchased and the value of each item. If you are not satisfied by the responses after both stages of this process you can write to the Prison and Probation Ombudsman. You could also start a claim in a County Court, though be aware that legal aid is generally not available for this.

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.