Jersey Independent Prison Monitoring Board Annual Report 2021

R.42/2022

1. Executive  Summary

1. This is  the fifth  Annual Report to  the  States  of  Jersey of  the  Independent  Prison Monitoring  Board  (IPMB) since its establishment  in 2017. Our enablingRegulationsandpreviousAnnualReportsprovidecontext to the IPMB's function at La Moye  prison andthey are available at:

https://www. jersey law. je/laws/cu rrent/Pages/23. 775.15.aspx https://statesassembly.gov. je/assemblyreports/2018/r. 72-2018. pdf https://statesassembly.gov.je/assemblyreports/2019/r.40-2019. pdf https: / /statesassembly. gov. je/assemblyreports/2020/r.82-2020. pdf https://statesassembly.gov. je/assemblyreports/2021 /r.46-2021. pdf

2. Since 2017, when we familiarised ourselves with  the prison and developed  our methods of operation,  we have navigated  a number  of changes  including  many in 2021. In April we said goodbye  to Nick Watkins,  who weknew for four years as Deputy  Governor  then Acting  Governor,  and  welcomed  Susie  Richardson  as the  new  Governor.  In June, we were  saddened  by the death  of Constable  Len Norman,  Minister  of Home Affairs,  whowasvery supportive;  Gregory  Guida, who accompanied  Len to meetings  withus, is nowour Minister.  Julian Blazeby,  the Director-General  ofHome Affairs,  left in October  and was replaced  by Kate Briden  in an acting capacity.
3. Our own  board  inevitably  changed;  one member  resigned  and four new recruits  took up the reins in June resulting  in 11 members.  Only two of us are retired; we value highly the range of skills and experience  that people  in the active  workplace  contribute  but they have all had additional  work pressures,  mainly due to COVID-19. Three people took "sabbaticals"  of a few months  in order to juggle their commitments  and return  as active members.  On the last day of the year the chairmanship  was updated,  with Andrea  John taking over, deputised  by Norma O'Sullivan.
4. Restrictions  caused by COVID-19 curtailed  our activities, reducing  our effectiveness,  as it did in the previous  year.  In January and February, July and part of December,  we were unable  to  go to  La Moye  as normal,  although  we  saw  a few  prisoners  in  "closed" facilities,  through  a screen.  Even so, we carried  out 22 monitoring  visits and dealt with 51 applications,  some of which  included  multiple  submissions  from the applicant.
5. While  physical conditions  at La Moye  remain  clean, functiona l and well-maintained,  we were  concerned  throughout  the  year,  as in  2020,  with  the  reduction  in  the  daily regimes,  so  that  prisoners  had  less  meaningful  out-of-cell  activity.  This  situation worsened  in the autumn  when,  due to staff shortages,  every  wing  had a full day per week  of total  lockdown.  Not only was the prison  short-staffed  but frequent  absences were  caused  by staff off sick or having to self-isolate  due to contacts  or positive  tests. We have also been concerned  about changes in personnel  in the field of Rehabilitation and  Re-offending,  which  includes  Education.  The prison  management  and staff have risen to the challenge  but it is unsettling  for everyone  to be dealing  with such changes for  more  than  a  year.  Vocational  training  has  become  seriously  under-staffed  so reducing  time  in  meaningful  activity.  Staffing  has also  been  in upheaval  due  to the prison's  development of  a New Operating  Model,  which is discussed  in section  8 below.

6. The security situation at La Moye has again been strong with very few serious or dangerous incidents. However mental health is constantly at the fore, as in any prison, and in 2021 three people were moved to institutions in the United Kingdom.
7. Moving prisoners to or from other jurisdictions, under the overall term of "transfers", is a management function on which we have not previously reported. Complex logistics were made more so in 2021 by both COVID-19 and Brexit. There were 28 transfers in 2021 and we commend the prison management for persevering in time-consuming, difficult cases, creating new systems and links with agencies elsewhere.
8. La Moye prison is generally well managed. Both uniformed and civilian staff are to be admired for their continuous efforts in trying circumstances. In addition to the pressures of any workplace, many of the people they are dealing with have mental health issues ranging from anxiety about legal cases, families and money to serious conditions requiring specialised treatment, while also adjusting to their loss of liberty.
9. Overall, the housing, welfare, medical attention, education, work opportunities and diet are of an acceptable standard, given all the circumstances.

2.COVID-19

1. During 2021, La Moye Prison continued to practise mitigation measures to prevent the transmission of COVID-19 within the prison population including:

• testing and isolation of new prisoners;

• wearing of masks for prisoners, officers and visitors;

• a reduction in the number of visitors and increased physical spacing between visitors and prisoners; and

• shielding prisoners deemed more vulnerable to COVID-19 due to age and/or existing morbidities, by housing them.in E Wing.

2. The mobile vaccination team visited the prison on several occasions in 2021 and vaccine coverage peaked at 80% of prisoners being double vaccinated. However, coverage declined to around 64% by December due to the changing population with vaccinated prisoners leaving and unvaccinated ones arriving. Due to this, as well as the advent of the Omicron wave and availability of the booster vaccine, the vaccination team visited again atthe end ofthe year. It is hoped that the vaccination team will visit the prison periodically in 2022 to ensure high coverage levels among prisoners, officers and staff.
3. A cluster of COVID-19 cases affecting prisoners and officers occurred in December, but an outbreak was prevented through a combination of masstesting of the prison population, quarantine, and stricter distancing and social mixing measures.
4. In December, a policy of PCR testing was implemented, requiring all visitors to show evidence of a negative PCR test within 72 hours before a scheduled visit. The IPMB raised concerns about this given the negative effect it could have on prisoner welfare. Some prisoners' families and friends already face difficulties coming to the prison and the PCR test was a further barrier. The timing of this policy meant visits over the Christmas period were impacted. In light of these concerns, a less restrictive approach, namely the use of lateral flow tests (LFTs), was proposed and subsequently adopted.

5. The activities of the IPMB were adversely affected by the continuation of the pandemic into 2021 as there were times when we were either unable to visit La Moye at all, or were restricted in doing so.  We could not gointothe main part of the prison at all in January and February, again for about six weeks from early July, and again for two weeks in mid-December. After that we were required to take PCR tests as set out in paragraph
   4. above.  When it was necessary to see a prisoner who had submitted an application during these periods, we did so using the closed visit facility, where the prisoner sits in a cubicle and the visitor on the other side of a glass screen.
6. Given the relatively high vaccination coverage levels among the prison population and the diminishing threat posed by the Omicron variant, it is suggested that La Moye Prison continue to review its approach to COVID-19. A shift of policy from zero-COVID-19 to controlling COVID-19 would be balanced and proportionate to the health  risks  the prison population faces from the virus. The IPMB considers magnifying the risk faced from  COVID-19  is  particularly  concerning  in a  prison  population  where  anxiety  is commonplace and mental health issues are significant.

3. Prisoner Applications to the IPMB

1. Responding to individual applications from prisoners is a core function of the IPMB. Information on our role and means of access are advertised on wing noticeboards; on the IX System - for prisoners to access on screen in their cells; and at Reception (on screen} with all relevant information and in several languages.
2. The collection and scanning of Application Forms have been the subject of much debate and change ever since the IPMB was established. They used to be scanned into the Egress secure  system  by  our  members  but  that  wasted  their  time  and  created inconsistencies. We now have a reliable administrator who collects and scans the Forms weekly; this is much appreciated.
3. As in 2020, there were times when the COVID-19 situation meant that we could not see prisoners at all, which may explain the paucity of applications during January and February. At other times we had to meet prisoners in the visitor centre, in a "closed visit" facility. In other respects, the procedures we use to deal with applications have remained the same as in 2020 and are detailed in that year's Annual Report.
4. We received a total of 51 applications in 2021, compared to 39 in 2020 and 27 in 2019. The vast majority  were from male prisoners  which is not surprising as the female population in the prison is very small (typically 3-5% of the total population}. There has been a steady increase in the number of applications since the IPMB was established in 2017, which may indicate that prisoners are more aware of us and have greater faith in our efficacy.

5. The table to the left shows the broad categories of reasons for applications in 2021 and the table on the right shows the spread through the year:

Nature of Application  No. Unfair Treatment from Staff  14 IEP/Adjudication Process  8 Prison Facilities/Access to facilities  6 Conviction/Legal Issues  4 Mental Health Support  3 Transfers  3 Healthcare/Dental  3 Bullying from other prisoners  2 Transfer of IT work on release  2 Diet  2 Canteen/Purchasing Issues  2 Property /Confiscated items  1 Work  1

TOTAL  51

Month  No. January  3 February  1 March  7 April  5 May  5 June  2 July  2 August  3 September  11 October  5 November  3 December  4

TOTAL  51

6. From a total of 51 applications, 10 prisoners submitted more than one; the total number of prisoners actually making applications to the IPMB in 2021 was 33. The highest number  of  applications  made  by  one  prisoner  was  six;  two  others  put  in four applications each.
7. Alleged unfair treatment from staff was the top reason for applications submitted in 2021. Broadly, such complaints made allegations against named personnel and related to specific incidents. Each complaint was followed up individually and we were satisfied that appropriate processes were followed. Complaints of this nature are to be expected in what can be a confrontational working environment, but staff shortages, with staff under pressure, might also have contributed to this.
8. The next highest category/reason for submitting applications involved disputes with the Incentive Earned Privileges (IEP) process which governs whether a prisoner has basic, standard  or  enhanced status,  so  affecting  their  privileges.  This  overlaps  with  the dissatisfaction with staff referred to above. Prisoners disagreed with decisions made in  the  adjudication  process  following  incidents  involving  misbehaviour.  Having  investigated each complaint we have no general concerns that this process is not being  followed fairly. IPMB members attended training in 2021 to understand more about the  adjudication process.  
9. Six applications related to prison facilities or the inability to access those facilities.  Looking at individual cases there is no particular pattern or recurring theme but more  than one application related to the implementation of the 'lock up' day on each wing.  This was introduced as a temporary measure in response to staffing shortages. Other  applications in this category related to prisoners who wanted certain items in their cells  which were not permitted (e.g. gym equipment).  

10. Complaints regarding healthcare and access to mental health support have stayed at the same level as in 2020 and remain relatively low (six in total including mental health and  11%  of the  total  applications  made)  which  may  indicate  that  on  the  whole healthcare needs are being met.
11. A high proportion, 22%, of applications were made in September 2021. This coincided with the initiative implemented to address staff shortages which involved locking down each wing for one day per week. It is speculation but perhaps this had a bearing on the high volume of applications made at that time.
12. While only three applications are listed under Transfers, it caused much frustration to both prisoners and prison management in 2021 (see section 9).
13. Occasionally applications raise issues which could be relevant to other prisoners, such as the two regarding IT work being taken out in digital format on the prisoner's release. Currently prisoners can only take printed material out but some have done a lot of IT work at La Moye, for example designing a website which they may want to use after release, so a step in their long-term rehabilitation. In practice the material can be put on a USB stick but, unlike hard copy, there is a possibility that some files could be hidden, and could contain material causing a security problem or which is illegal in some way. Technical solutions are being considered but have not yet been implemented.
14. We are not always able to advance matters in the way the prisoner would like so not all will be satisfied with our efforts. Security, staffing, psychological and other factors can determine management decisions so what may seem reasonable to the prisoner and/or ourselves is often not possible and we can only draw attention to the problem, not necessarily identify a solution.

4. Monitoring Visits by the IPMB

1. The IPMB undertakes  regular  Monitoring  Visits,  which are  made  by at  least  two members.
2. Again this year the monitoring schedule was impacted by COVID-19 with visits having to be suspended at times in order to mitigate the risk that we, as external visitors, presented to the prisoners. Thus we did not visit in January and February, forsix weeks starting inJulyand for three weeks in December.  In late December we had to have a negative PCR test in the preceding 72 hours. While we normally checkevery area at least once a year, some places were misseddue to the difficulty of visiting in 2021.
3. Nonetheless, we undertook 22 monitoring visits. The following areas were visited or topics explored, with the number oftimes indicated:

• K Wing (male prisoners) [3]

• L Wing (enhanced male prisoners) [3]

• J Wing (vulnerable male prisoners) [3]

• H1 (overspill from J Wing) [1]

• E Wing (J Wing shielding) [3]

• Ewing Workshops [1]

• H Wing (female prisoners) [2]

• Care  and  Control Unit  (CCU)  [2, one focusing on documentation]

• Horticultural Compound [2]

• Kitchens [2]

• Library [1]

• Inspecting  Wing  comment  books  on food [1]

• Medical Centre [1]

• Workshop (woodwork) [1]

• Control Room [1]

• Gym [1]

• Art Room [1]

• Visitor Centre [1]

• Canteen system [1]

• Market Place (outside agencies visit to prepare prisoners for release) [1]

• Prisoner information systems, IX, TV, phone [1]

4. Additional visits weremade to familiarize our four new members with the prison and we stepped up our programme partly to give them experience but also to make up for visits lost due to COVID-19 in January and February.
5. We have a rota,  which proposes areas of focus and allocates two  members to a particular week; they decide when to go and notify the prison management in advance so that an escort can be organized. The locations we wish to see are not disclosed until we arrive and there are often reasons why another plan needs to be made, for example if the timing of the visit does not fit with the prison regime, or to accommodate dealing with prisoner applications. On arrival we enquire as to whether the CCU is in use and, if so, we offer to speak to the prisoner(s) there; issues are discussed with the staff.
6. Our monitoring visits give us the opportunity to see the premises, assess their condition and interact with prisoners, this last being perhaps the most important thing we do. An informal talk to  someone from the  outside can give  a  prisoner a sense of  social normality and of course contributes to our understanding of life at La Moye.
7. During and after a visit we discuss with our escort or other staff any issues that we have noted  and  sometimes  contact  the  Governor  or   Deputy  Governor  by  Egress  for explanations or clarifications.
8. The members who made the visit write up a short report recording the area that we have seen, prisoners spoken to and any issues arising as well as noting actions that need to be followed up. This report, as all our documents, is written and saved on the secure Egress system in a section where only our board members have access.
9. This year has seen a healthy variance in the monitoring visits as we have been able to cover most areas ofthe prison and see some normality again, albeit short lived at times. Through the visits we have seen many changes such as revamping of J Wing cells to an improved state which consists of more privacy in the toilets, longer and sturdier beds and better safes. This has mainly had a positive impact, although some design problems have been identified, such as the ladder to a top bunk bed being less easy to use.
10. Apart from COVID-19 there has been one topic that has come up frequently and that is the staff shortages issue. There have been numerous conversations, some of bitterness and exhaustion, some of hope and optimism. There has been a monumental effort to recruit and the Governor has reassured us that there are new people in the pipe-line, it just takes time. She has also stated that yes, they are short, but it is not as dire as staff make out and the new ways of working will show this.

11. One  prisoner  told  us about  his  work  on re-offending  which  he  and  others later presented to ministers and  others,  at  an event which two members of  the IPMB attended (see section 5).
12. We also learned from prisoners about the new nominations of listeners; these are people on every wing who have received some level of mental health support training and they provide peer to peer support.

5. Education,t raining, employment

1. The effects of COVID-19 continued to impact education, employment and purposeful activities at LaMoye in 2021.  This, together with vocational staff vacancies during the year, led to a reduced timetable/scaled back regime in terms of employment and activities. It included a reduction in subjects taught, shorter library sessions and reduced numbers in all activities for social distancing purposes. That said, there was educational provision in areas such as Functional Skills, Open Learning, English as a Second Language and Humanities.  Other activities included art lessons, a peer reading initiative, library services, gym activities, woodwork and horticulture.  The IPMB was pleased that an art teacher started in September 2021, following an absence since December 2020, as the artclasses are very popular with prisoners.  It is hoped that a qualified carpenter is secured soon for the workshop to allow prisoners to develop and enjoy woodwork skills.
2. Employment opportunities were also impacted by COVID-19 and staff shortages.  This was particularly acute on K wing where there are not enough jobs for the number of prisoners.  The IPMB observed various activities on monitoring visits such as prisoners working in the vegetable compound, carrying out cleaning and servery duties, in art classes,  gardening  and  making  Christmas  decorations.  Certain  prisoners  act  as 'Listeners' to help  prisoners who need to support or to talk.  Prisoners have given positive feedback on this facility.
3. Of special note was the efforts of many prisoners in preparing for the Reducing Re­ offending event held at the prison in October 2021. This included preparing and serving lunch  (using many ingredients produced at the prison) for guests, preparing flower arrangements for the event tables, decorating the Gym with artwork, woodwork and flowers and participating in the event itself through a prisoner presentation and table discussions.  It was pleasing for the IPMB to see prisoners having the opportunity to be actively involved in such an important event for the prison and for the Island.  With COVID-19  restrictions  lifting  and  the  renewed  focus  on  strategies  to  reduce  re­ offending, the IPMB hope to see increased and wider opportunities for education, employment and purposeful activity being available for prisoners in 2022.
4. In October two IPMB members attended the Reducing Re-offending event at La Moye which was a joint initiative by the Prison Service and Probation Service. The event was structured around the 'Seven Pathways' which is a recognised approach to improving re-offending rates by prisoners. The event included a presentation from prisoners who, as part of a study group, had investigated the effects of differing prison regimes on re­ offending rates.  Also attending were other stakeholders including many from the 3rd sector, educators, politicians and the Probation Service. The Seven Pathways cover the following:

1. Accommodation
2. Education,  training  and employment
3. Health
4. Drugs and alcohol
5. Finance, benefits  and debt
6. Children  and families
7. Attitudes,  thinking  and behaviour

5. The system  that seems to produce  the best outcome  is the Norwegian  Model, which isbased on mirroring  ordinary  life as much as possible,  emphasises  normalisation  and rehabilitation  over punishment  and endeavours  toequipeveryprisoner with the toolsneeded to re-enter  the community  as a fully contributing  member.
6. The general  consensus  at the  event  was  that  this  approach  could  be best  for both prisoners  and Jersey.  The prison management  and the Probation  Service are committed to achieving  outcomes  from  this  type  of approach.  The  IPMB  commend  the  Prison Service and the Probation  Service for organising  a collaborative,  positive  event  and for their  commitment  to working  together  to create  improved  opportunities  for prisoners that  result  in a reduction  in re-offending  rates.  We  will  follow  developments  with interest.

6. Safety, Security and CCU

1. Incidents

1. LaMoye has a mixed population  with an operational  capacity  of 200.  During 2021 the population  averaged  147.5 with  a range of 143 to 153 prisoners,  similar  to the previous  year.  Numbers  in each prisoner  category  (male, female,  vulnerable  and young offenders)  have not changed significantly  since 2020. During 2021 the Acting­ Governor,  and then  from  April  the  Governor,  provided  the IPMB  with  monthly reports  including  various  statistics  such  as incidents  of  self-harm,  assaults  on prisone rs and/or  officers,  drug testing  results  and theuse of the Care and Control Unit  (CCU).
2. The total  number  of prisoner-on-prisoner  assaults was ten, plus six fights; all were  minor.  In 2021,  La Moye reported  zero major  incidents  and there  were  no serious  assaults.  The level of serious  incidents  is extremely  favourable  when  compared  to  the UK prison  system.  There  were  33 prisoners  on a total of 50 Risk and Concern  Assessments  over the year compared to a total of 48 in 2020.  
3. In 2021 just 2.5% of drug tests returned  a positive  result compared  to 3% in 2020.  
4. There  were  34 incidents  of self-harm  (24 in 2020) of which  21 were  classified  as serious  (9 in 2020).  Just one  prisoner  accounts  for 16  of the  serious  self-harm incidents  in 2021. There  were  no deaths,  no attempted  escapes,  no riots  and no significant  infiltration  of illicit  substances.  La Moye  is a safe,  secure  and  stable environment  when compared  to prisons in England and Wales.

5. In terms of prisoner safety and security, the IPMB's observations were that La Moye was generally calm and orderly. Prisoners engaged respectfully withofficers,fellow prisoners  and  IPMB  members,  often  initiating  conversations with  us  during monitoring visits when they were mostly positive aboutLa Moye.

2. Care and Control Unit

1. The  purpose of  the Care and Control Unit is to  positively address  the adverse behaviour of those prisoners who continually fail to adhere to the prison rules or by their actions necessitate being removed from the residential wings for a period of time.  The CCU operates a restricted and carefully managed regime to address prisoners'  adverse behaviours and prevent them from being a threat or risk to themselves or others.
2. Given their potential increased vulnerability, the IPMB takes a keen interest in prisoners in CCU and, where appropriate, visits such prisoners, talks to relevant staff, record conversations, and review documentation.
3. In 2021 CCU was used for 23 different prisoners. They were there for a total period of 433 days,  hence the average time spent in CCU was 18.8 days per prisoner, compared to 5.7 days in 2020. Usage was dominated by three prisoners who spent 111 days, 91 days and 52 days respectively in CCU. Two had mental health problems and each spent a long period in CCU while arrangements were made for them to go to suitable institutions in the UK. Aside from these three, the average time spent in CCU was 8.9 days - more closely comparable to 2020, but still an increase.
4. In general prisoners held in CCU were satisfied with the living conditions, generally they understood why they were there, and were comfortable with the treatment they were receiving from prison officers. However, the three cases mentioned above were especially difficult, and in respect of one, we escalated our concerns to the Minister. The response acknowledged the need to make significant improvements in the management of prisoners with serious mental health issues, while noting that Jersey will likely always have some off-island dependencies for specialist care.

7. Mental Health

7.1.  The IPMB considers not just conditions that affect prisoners physically in La Moye, but also the overall environment and the extent to which it may give rise to, or aggravate already existing, mental health conditions.

7 .2.  A thematic review of the impact on UK prisoners in a pandemic, undertaken by the HM

Inspectorate of Prisons1 found restrictions owing to the ongoing COVID-19 pandemic led to a decline in prisoners emotional, psychological and physical well-being. They found  that  a  lack  of  opportunity,  be  it  educational  or  otherwise,  and  support  in addressing offending behaviour could potentially lead to further offending. The report went  so  far  as  to  explain  that  prisoners  were  leaving  the  prison  system  with undiagnosed mental health conditions developed in part due to heavy restrictions as a result of COVID-19.

1 https://www.gov.uk/government/publications/covid-19-menta1-heaIth-and-wellbeing-survei llance-repo

3. Whilst Jersey has not endured restrictions as severe as the UK, the pandemic has caused fewer  visits,  increased  time in  cells,  reduced  educational  opportunities  such  as carpentry and in-prison employment, formuchof 2020 and repeated sporadically throughout 2021; this was not conducive to mental and physical well-being.
4. There are a handful of prisoners with serious mental health issues that require careful management. There was one case requiring movement of a prisoner to an institution in England; after the person was moved, the  IPMB suggested an internal review. This identified things done well, and areas for improvement.
5. The IPMB would welcome action on the recommendations as found in the report and will continue to monitor areas such as mental health training for staff given its direct impact on prisoner welfare. The IPMB notes the introduction of the 7 Pathways to reduce re-offending (see section 5) and in particular Pathway 3 "Health" can be seen in part as a commitment to address prisoner welfare from a physical and mental health perspective.
6. The IPMB further notes the introduction at La Moye of the Samaritans' Listener Scheme. The scheme provides intensive prison specific Samaritans' training to prisoners in order to provide emotional support to their peers aiming to reduce instances of self-harm and attempted suicide. Whilst the IPMB welcomes such an introduction, it is wary that a voluntary peer-to-peer support system alone does not provide sufficient coverage to deal with new and ongoing mental health conditions.

8. Staffing and budgetary  resources

1. New Operating Model

1. La Moye's  New  Operating Model  (NOM) is a  restructuring and  reorganisation exercise whoseaim is to develop staff and deploy them efficiently in order to achieve the best possible outcomes in terms of prison culture and work on rehabilitation.
2. The IPMB makes no comment on this exercise in itself but notes that its introduction has created or exacerbated staffing pressures. While the long-term outcome maybe be beneficial, the management of this exercise has caused difficulties in the past year, including:

• Uncertainty about  the  future  structure  and  personal  situations  has  had  a negative effect on staff morale.

• Whether for this or other reasons, several senior officers resigned during 2021.

• Temporary promotions and  secondments were used to cover management functions, but these take time to put in place and contribute to uncertainty.

• The new Prison Governor has been heavily involved in the process since she arrived in April and has needed to give this project a large amount of time.

• Implementing the NOM has slowed the recruitment process of new officers as much  work  was  needed  to  ensure  that  new  roles,  job  descriptions  and conditions of employment fitted into the new hierarchy.

• The unions  active  at La Moye  needed  to  be involved  because  of changes  to employment  conditions.

• The situation  led, at least  partially,  to the need  for officers  to work  additional overtime.  This was welcomed  early  in the  year  but became a  strain  when  it started  to affect  officers'  work/life  balance  and they became  tired.

3. We were  concerned  at times  that  the staff shortages  and the delay in advertising new positions  together  with the emergency  quick fix of additional  officer  overtime may have had a detrimental  effect on staff morale.  This is important  to us as it could affect prisoner  welfare.
4. We were also concerned  about the shortage  of non-uniformed  staff; there seems to be  a chronic shortage  of vocational  trainers,  who seem to be difficult  to recruit  and there  was no art teacher  for the first eight  months  of 2021. The medical  centre  is also short-staffed.
5. The management  of COVID-19 during  the year also put unusual  pressures  on staff, with  restrictive  regimes  requiring  more  supervision  over  fewer  people  inany one place,  while  at the same time  staff were  often  unable  to work as they  had to self­ isolate.

2. Budget

8.2.1.  Prison  Management  was targeted  with  reducing  its budget  by £440k  during  2021 and £315k during  2022 on an overall  budget  of circa £10m. This total of £755k was deemed  unreasonable  and has been reduced  to £590k over the two years.  Most  of these  savings  are expected  to be the  result  of staff  wage  savings  as the  NOM  is implemented.  We have an effective,  unique prison  in Jersey, attuned  to the Island's needs.  La Moye  is not able to call upon  other  prison  establishments  to assist  it in the  way  the  mainland  prisons  might and has  therefore  developed  Jersey  specific solutions  to problems  which  may not always  be the cheapest.  The management  at La Moye  plans  to increase  its effectiveness, especially  in regards  to reducing re­ offending, which itself  is a method  of  cost  reduction  to the  Island as a whole. Unrealistic  budget  reductions  would  impact  the ability  to deliver  a suitable  prison regime.

3. Practical  impacts of staff shortages

1. The shortages  of staff,  driven  by COVID-19,  resignations  and the slowing  down of recruitment  so  that the NOM can be implemented,  have  adversely  affected prisoners.
2. Several  education  and training  programs  have been  impacted  and the number  or length  of work  sessions  have been  shortened.  On the wings where  staff numbers fall below  the number  viewed  safe for normal  operations  'lock downs'  have been  implemented,  with prisoners  spending  more time in their cells.  
3. The shape of any prison  regime,  and the management  of the prison  is beyond  the  scope  of  the  IPMB  and  is one  decided  upon  by management,  Government  and  ultimately  the  electorate,  but  the  IPMB  has  a role  in  ensuring  the  welfare  of  prisoners  under  whatever  regime  is adopted.  

4. We will therefore keep a watching brief on the impacts of staff levels on prisoners in  order to ensure that  their welfare is  maintained and that opportunities for education and training especially are not lost in the long term. These elements have a significant role in preparing prisoners for their return to society as contributing individuals.

9.Transfers

1. "Transfers" is an umbrella term used for movements of prisoners from or to Jersey. Many people with a prison sentence would like to serve it near home; while this can be done it is not always straightforward as both the prison and the judicial systems in the receiving  jurisdiction  must  agree and  undertake  to  keep the  person  in  prison to complete the sentence. Sometimes prisoners must be returned to Jersey, e.g for court appearances and in other cases prisoners must be deported or taken to the UK for medical reasons. Altogether 28 such prisoner movements took place in 2021. A basic practical problem is that prison (or police) officers have no legal authority to hold in their custody or restrain people in a jurisdiction other than their own so can only be responsible for a prisoner to the port or airport of destination.
2. From Jersey the most frequent destination is the United Kingdom and historically the simple method, once the paperwork was complete, was for La Moye officers to provide the escort on a flight to Southampton where UK personnel would take charge and deliver the person to HMP Winchester, the Jersey officers returning on next plane. HMP Winchester assessed the prisoner, later moving him (Winchester is a male prison) to a suitable prison elsewhere.
3. Due to the COVID-19 pandemic, the UK Ministry of Justice blocked all transfers (other than those on medical grounds) for a large part of 2020 and early 2021. While a backlog of applicants built up the Winchester arrangement was reviewed to obviate the double movement and a Manchester route was developed. By the end of 2021 six people had been transferred via Southampton, seven via Manchester and one to London.  This planning was helped by the new Governor's knowledge of Her Majesty's Prison and Probation Service (HMPPS) and HMP Winchester in particular.
4. Given  the  security,  COVID-19  and  jurisdictional  considerations,  the  logistics  of transferring people, even to the United Kingdom, need attention to detail with multiple agencies involved, such as airports, customs, security contractors, and airlines, some of which allow two prisoners to be taken on a flight and some only one.
5. These problems are more complex when the prisoner is going to another country, especially the first time it is a destination. During 2021 the management at La Moye successfully organised four "repatriations" to Romania. A fifth Romanian was unable to go  because his correct  paperwork was  only  started after  31  December 2020 and therefore involved different, post-Brexit, problems.
6. Deportations (court orders after completion of sentence) are arranged by Customs and Immigration but the prison is inevitably involved. Six deportations were completed in  2021: two to Madeira, one each to Portugal, Spain, Tunisia, and Germany. One was of  a disabled person, causing another layer of difficulty, and one was of a person who had  sought repatriation but the destination  untry was unwilling to accept the pris

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7. Three people  were moved  to institutions  in the UK for mental  health treatment  and this causes another  range of difficulties,  including  the identification  of an appropriate  facility and a temporary  stay in Orchard  House if sedation  is called for ahead of the journey.
8. Two other  people  were  collected  from  England, via Heathrow  and Southampton,  one to attend  a court case and one after completion  of mental  health  assessment.
9. Only  three  applications  to the  IPMB  are listed  as "transfers"  (see section  3) but they cause  us a great  deal of concern,  as the delays caused  by the problems  outlined  here are  very  frustrating  for  prisoners  who  do  not  understand  the  bureaucratic  tangle through  which  the  prison  staff  and  other agencies  have  to  find  their  way.  It is an intransigent  situation  with the IPMB concerned  about  the welfare  of, sometimes  angry and distressed,  prisoners  while  the prison  management  is doing its level  best to handle external  factors  and internal  ones such as allocating  staff for escorts  and, in the COVID- 19 era, losing them  to self-isolation  when they  return.

10.Additional Activities

1. As in previous years, when recruiting  new members  we held  "drop-in"  sessions  so that people  who  are interested  in the  role  can have  an informal  chat  before  deciding  to apply, withIPMB members  attending  in shifts totalk to potential  candidates.  We held these  at  the  Library,  and thank  their management  for  allowing  this.  We  did  this  in March/April, before proceeding  to the application  and interview  stages.
2. In our 2020 report  we described  the primary  ground for prisoners'  applications  as "IEP" which stands for Incentive  Enhanced  Privileges.  A prisoner's  alleged misbehaviour  leads to an adjudication  process  whereby  his or her privileges  can be reduced  for a specified time. While  TV and other  extras can be annoying,  the major reason for complaint  is the loss of work,  which  also means  less time out of cell and less money.  We realised  that we needed  better  understanding  of these systems  in order  to handle  such applications and to this end Senior Officer  Peter Gould  gave us a talk in March  explaining  the terms and steps taken in the process.  We are very grateful  to Pete for giving us his time and expertise  in this way.
3. Once the new members  had some experience  of La Moye  we asked S/O Peter Gould to give us another  instructive  session  in the autumn,  explaining  the general  management of the prison.  Unfortunately,  we could  not find a suitable  date as the year closed  and hope to do this in 2022. Such talks from prison  officers  are always useful to experienced members  as well as new.
4. Due to  COVID-19  all activities  were  reduced  and  we were  particularly  sorry  that  no "Inside  Out"  exhibition  was  held  in 2021.  This  was  due  to  both  COVID-19  and  the absence  of an art teacher  for the first eight months  of the year.
5. In our 2020  Report  we referred  (paragraph  5.6) to our  Chair's aborted  attempt  to visit HMP  Winchester.  We  are  pleased  to  report  that  Vivien   Vibert  succeeded  in  2021, visiting that prison in early July. It was interesting  in many ways, such as seeing a classic Victorian  5-winged  prison. Vivien  took the opportunity  to visit someone  who had been in La Moye  and was completing  his sentence  in Winchester.

11.Acknowledgements

1. We are grateful to all members of the IPMB for their multifarious contributions, their enthusiasm and sympathetic but realistic dealings with people sentenced to prison in La  Moye. Members of the  Board  at  the  end of  2021  were,  in  order  of  original appointment:

Vivien Vibert , Chair  2021 intake Andrea John, Deputy Chair  Edgar Dingle Graham Root  Norma O'Sullivan Mandy du Val  Elliot Perry Amanda Berry  David Wilton Peter Bisson

Pippa Procter

2. The 2021 recruits became active in June, as far as COVID-19 conditions allowed. We were glad of their arrival and appreciate their willingness to take on this role. It has continued to be our practice to ask all members to help with this Annual Report; most have written a section and all have agreed to the final version.
3. We, Vivien and Andrea, worked as a team for the year while preparing for a change of leadership. Norma O'Sullivan was one of the 2021 recruits but started taking extra responsibilities from an early stage and we were delighted that she agreed to become deputy chair, teaming with Andrea as chair, from 1 January 2021, with Vivien stepping down but remaining as a normal member. Thank you, Norma.
4. Graham Root continued to host events, when allowed, and was also a great help in advising us on the ever-changing COVID-19 regulations and how they affected La Moye, efforts which we sincerely appreciate.
5. Our administrative support was maintained and we are pleased to have Sarah Elvidge as a consistent and reliable administrator.
6. Last, but far from least, Nick Watkins, the Acting Governor until April, Susie Richardson, Governor since April and Acting Deputy Governor Artur Solidwa have all been helpful and supportive. We are working on different ways of interacting with the prison so as to smooth the flow of information and look forward to building on this as the NOM is implemented. We are grateful to all the staff, especially the uniformed officers who escort us and have also given us training.

16 March 2022

Andrea John  Vivien Vibert

Deputy Chair in 2021  Chair until 31 December 2021 Chair from 1 January 2022