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H.M. Prison La Moye: Performance Improvement Plan

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STATES OF JERSEY

H.M. PRISON LA MOYE: PERFORMANCE IMPROVEMENT PLAN

Presented to the States on 28th July 2011 by the Minister for Home Affairs

STATES GREFFE

2011   Price code: C  R.99

TABLE OF CONTENTS

Contents  Page

  1. Introduction...........................................................................................................  3
  2. Methodology .........................................................................................................  3
  3. Summary of progress.............................................................................................  4
  1. Other areas of progress and future plans...............................................................  5
  1. Job Descriptions and Staff Appraisal Scheme..........................................  5
  2. Staff Care and Welfare Team ...................................................................  5
  3. Safer cell windows/safer cells...................................................................  5
  4. Staffing levels and recruitment.................................................................  5
  5. Reduction in the hours worked in the working week for Prison Officers  5
  6. Devolution of Budgets to Functional Heads.............................................  6
  7. Business Continuity/Risk Management....................................................  6
  8. Prison Standards, Internal Audits and Performance Monitoring.............. 6
  9. Creation of the Quality Improvement Group............................................  6
  10. Creation of Prison Business Plan..............................................................  7
  1. Conclusion and Governor's Comments.................................................................  7 APPENDIX A:  H.M.C.I.P. Recommendations and Prison Responses.....................  8 APPENDIX B:  Recommendations partly achieved or not achieved........................ 23

REPORT

  1. Introduction

Following  a  comprehensive  inspection  of  the  Prison  in  2005,  one  of  the  key recommendations made by H.M. Chief Inspector of Prisons was that La Moye should create a Performance Improvement Plan (PIP). This was to address the shortcomings highlighted during the inspection, many of which had been identified in a similar report from 2001, with no obvious progress.

The Chief Inspector concluded that –

"Few of the recommendations in our previous report in 2001 had been actioned four years later. As a consequence, the safety and security of prisoners and staff, and the likelihood of prisoners' rehabilitation, were compromised".

The  recommendation  to  create  a  PIP  was  accepted,  albeit  work  on  this  did  not commence  until  2007.  The  Prison  Governor  and  his  senior  management  team compiled a comprehensive action plan and the cost of delivery was estimated at £800k. However, it was also recognised that the Prison had been significantly under- resourced for a number of years and, as appropriate staffing levels were inextricably linked to successful delivery, the estimated full budgetary requirement for 2008 (based on 2007 pay rates and a 40 hour working week) was £10.6 million. This represented an increase of £2.3 million on the 2007 Budget. The actual Budget allocation for 2008 was £9.27 million. The Prison benefited from further increases each year and the Budget for 2011 is £10.76 million.

  1. Methodology

The following Vision Statement was produced –

"To pursue excellence in the delivery of custodial services".

The Governor submitted a bid for the additional funding required to deliver the PIP.

Assistance  in  constructing  the  PIP  was  provided  by  representatives  from  the Efficiency and Consultancy Group in HMPS.

A Senior Unit Manager was appointed to oversee delivery.

Multi-functional  project  teams  were  created  to  develop  action  plans'  and  the Governor  prioritised  the  most  urgent  and  high-profile  business  needs  of  the establishment.

The Key Recommendations from the 2005 Inspection were prioritised and brigaded under the following 10 objectives. To put the following in place –

  • effective first night and induction processes;
  • a  violence  reduction  strategy,  and  systems,  procedures  and  staff training to deal with bullying;
  • procedures  for  identifying  and  supporting  vulnerable  prisoners  in appropriate locations;
  • refurbishment of the accommodation for women, and specific policies and practices to meet their needs;
  • effective child protection measures, while children remain at (or visit) La Moye;
  • systems  to  record  prisoners'  ethnicity,  monitor  access  to  regime facilities by race and ethnicity, identify and meet the needs of black and minority ethnic and foreign national prisoners;
  • facilities for religious observance that meet statutory requirements;
  • a review of security, and the implementation of effective procedures and management systems;
  • the introduction of more education and skills training;
  • a resettlement needs analysis, followed by the implementation of an effective resettlement strategy, supported by a committee and led by a manager.
  1. Summary of progress

163 key recommendations were made in the 2005 HMCIP Report and of these, only 10 remain  outstanding.  Five  weren't  accepted,  2  (related  to  prisoner  visits  and facilities for children) will be addressed by the introduction of a new visit room currently under construction (scheduled for completion in June 2012) and the others are in the process of being addressed.

Appendix A lists each of the recommendations and the Prison's responses. Appendix B details the recommendations not or only partly achieved.

  1. Other areas of progress and future plans
  1. Job Descriptions and Staff Appraisal Scheme

Most of the uniformed staff and many other civilian grades did not have  an  appropriate  or  up-to-date  Job  Description  prior  to  2007. Extensive work was carried out to ensure that all grades had Job Descriptions  by  the  end  of  2007  and the  Staff  Appraisal  Scheme (PRA) process was reviewed and reintroduced. Job Descriptions were essential to underpin the revised PRA process.

  1. Staff Care and Welfare Team

Previous attempts to launch an effective Staff Care and Welfare Team prior to 2007 seem to have failed. In 2007 the process was reviewed and re-launched; it is currently performing well, serves an important purpose and is a useful avenue for staff support and advice if there are work or private matters that are not considered to be within the remit of line management.

  1. Safer cell windows/safer cells

There were no safer cells' or safer cell windows' (windows and cells without ligature points) in the Prison prior to 2008. An extensive programme of refurbishment and new build has included safer cell windows  as  part  of  the  routine  specification  for  prisoner accommodation and all cells now have them fitted. Designated cells also have CCTV support for staff observation and specially designed internal fixtures to make them safer than standard Prison cells.

  1. Staffing levels and recruitment

Staffing  levels  in  October  2006  were  recorded  at  130  across  all grades. In 2007 this increased to 142, and by 2008 the approved full- time equivalent (FTE) complement was increased to 173, albeit many positions  were  left  vacant.  La Moye  benefited  from  significant investment over more recent years, and by the end of 2009 the FTE has risen to 176 with only 8 positions being vacant. On 1st April 2010 the  shortfall  reduced  further  to  2 Prison  Officers,  one  Vocational Instructor, one Drugs Counsellor and 2 Administration Support Staff.

  1. Reduction in the hours worked in the working week for Prison Officers

As part of the 2008 pay settlement, the working week for Prison Officers and Operational Support Grades was reduced from 40 to a net  37 hours.  This  introduced  paid  meal  breaks  so  the  staff  are required to remain on site (and are paid) for 40 hours, but they can only be operationally deployed for 37 hours.

This required new attendance patterns to be produced and agreed with the Trade Union Side. This presented the opportunity to move to more efficient working practices and they have now been operating very successfully since 1st June 2009.

  1. Devolution of Budgets to Functional Heads

Budgetary management and control had been the sole responsibility of the Governor, assisted by the Finance Manager. In 2009, a delegated budget  management  structure  was  put  in  place.  Functional  Heads received  training  in  budget  management  to  enable  them  to  take accountability for their own functional areas. The Budget-holders now attend monthly meetings to review progress and monitor expenditure. This has encouraged greater awareness on how the Prison spends its allocated  Budget  and  also  encouraged  managers  to  take  a  more strategic view of the Business Planning Process.

  1. Business Continuity/Risk Management

A Business Risk Management Register has been produced in 2007 and subsequently reviewed and refined so that by the spring of 2008 risks were identified and prioritised. These risks are now a standing agenda item on the Senior Management Team's monthly meeting and they now have an action plan for risk mitigation that are reviewed quarterly to ensure that they are being effectively managed and that any additional risks that may emerge are identified and placed on the register.

  1. Prison Standards, Internal Audits and Performance Monitoring

Forty-seven  Prison  Service  Standards  were identified  in  2008  and approved for introduction in December 2009 to coincide with the new appraisals for 2010. All Functional Heads have some accountability/ responsibility to ensure that Standard Baselines for their areas have been  risk-assessed  and  weighted  (scored  for  impact  of  non- achievement)  in  readiness  for  a  programme  of  internal  audit  to commence later in the year.

  1. Creation of the Quality Improvement Group

The  Quality  Improvement  Group  will  become  the  vehicle  to  co- ordinate and monitor audit performance within the Prison and it will also  replace  the  Performance  Improvement  Plan  as  a  forum  for identifying gaps in standards and improvement initiatives that ought to be progressed further by the Prison Management Board.

  1. Creation of Prison Business Plan

The objectives and targets for the Prison Service are encapsulated in Home Affairs Business Plan, but nevertheless, the Prison is seeking to develop  its  own  Plan  to  provide  strategic  direction  over  a  3 year period.

  1. Conclusion and Governor's Comments

H.M. Prison La Moye is now a very different establishment to that visited by HMCIP in 2005. The older cellular accommodation was in very poor state and lacked integral sanitation facilities, which is now regarded as a basic human right. The opening of the new accommodation in December 2009 and the adjacent gymnasium/activity-building served to address many of the recommendations made by HMCIP, not least those that caused greatest concern.

Many of the failings identified were attributed to lack of resources rather than lack of motivation or poor management practice, albeit there was most certainly scope for improvement in the latter.

The increased resources made available to the Prison and the introduction of a series of experienced personnel from UK Prison Services has facilitated dramatic change in a relatively short timescale. La Moye now has policies and procedures in place that compare very favourably with what one might find in other, progressive penal systems across the world.

While  many  of  the  buildings  are  still  in  need  of  replacement,  a  long-term Development Plan has been produced to systematically rebuild the Prison on the existing site and ensure that it will become fit for purpose and remain so for the next 50 years and beyond. While the States of Jersey has to prioritise funding in these difficult economic times, it has to be hoped that ongoing development of the Prison will not be abandoned.

The Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment recently visited the Prison, spending almost 2 days examining our policies and  procedures,  observing  activities  and  interviewing  prisoners.  The  members received no complaints or allegations of ill-treatment, but perhaps more significantly, they  commented  very  positively  on  the  general  atmosphere,  staff/prisoner relationships and on some of our policies and procedures. They would not have been able  to  report  so  positively  had  they  visited  prior  to  the  move  to  the  new accommodation in December 2009.

The  Committee  expressed  the  view  that  it  hoped  the  investment  in  creating  an acceptable prisoner regime and addressing offending behaviour would not suffer as a consequence of the Comprehensive Spending Review. Delivering 10% savings can't be  achieved  without  impacting  on  the  Prison  regime.  However,  the  initiatives proposed by the Prison Governor and approved by the Minister for Home Affairs have been designed to minimise change from a prisoner's perspective. The savings are to be delivered by restructuring staff roles and processes to make more efficient use of staff and to reduce resource requirements by bringing about a reduction in the size of the prisoner population.

APPENDIX A

Recommendations ® and Prison Responses

® There should be an effective reception, first night induction and discharge process.

A full induction package is available and it includes First Night Assessment and a full Induction Programme that lasts between 5–10 days. The process has been introduced, but the area identified as a potential First Night/Induction Unit has not been opened because  of  other  competing  operational  demands  and  the  view  held  by  Prison management  that  to  do  so  would  show  little  beneficial  return  for  high-resource investment.  The  Induction  takes  place  in  the  accommodation  Wing  to  which  the prisoner is admitted, e.g. H for females, K3 for young offenders, K1+2 for adult males.

® Limited information available for new receptions regarding the regime, Prison and States policy, that all have an impact on those in custody at La Moye.

No information regarding facilities or opportunities; too easy to be located on the Vulnerable  Prisoner  Unit  on  Reception.  (Source:  Staff/Prisoner  Consultation Forums findings, May 2005)

An  Induction  booklet  is  now  available  in  English,  Portuguese  and  Polish.  This provides information on the Prison routine and regime with opportunities to reduce offending  behaviour  through  education,  offending  behaviour  programmes  and/or vocational  courses/qualifications.  There  is  also  a  Prison  DVD  that  is  nearing completion and this will be transmitted on a television loop' within the Reception holding  area.  It  is  no  longer  acceptable  for  prisoners  to  opt  for  the  Vulnerable Prisoner Units without a full needs assessment being performed by Reception staff and subsequent referral to a Senior Manager.

® There should be a violence reduction strategy, and systems, procedures and staff training to deal with bullying.

A Safer Custody Committee was established in 2007 and this group produced the Violence  Reduction  and  Anti-Bullying  Strategy  and  Self-harm/Suicide  Prevention Policy. The Anti-Bullying Strategy identifies the measures to be taken where bullying is identified, and all incidents and suspected incidents of bullying are investigated by the establishment Safer Custody Officer (SCO). The Committee meet bi-monthly and all information and intelligence is co-ordinated and analysed through the SCO.

® The converted accommodation in the old reception is unfit for purpose and should be refurbished or closed. A cell call system should be installed there as a

matter of urgency.

This area was closed down shortly after H.M. Chief Inspector's visit and hasn't been occupied since.

® Adult men, women and children should be transported separately to and from La Moye and the courts.

Transport is the responsibility of the States of Jersey Police. Due to the relatively short distances involved and as Police vans have cellular cubicles, the ability to interact with individual prisoners is minimal and this proposal has been rejected.

® The  Procedures  for  identifying  and  supporting  vulnerable  prisoners  in appropriate locations must be improved.

It is no longer acceptable for prisoners to opt for the vulnerable prisoner units without a full needs assessment being performed by Reception staff on their arrival in the Prison  and  subsequent  referral  to  a  Senior  Manager.  The  creation  of  the  Safer Custody Strategy and Anti-Bullying/Violence Reduction Policies clearly shows how vulnerable or potentially vulnerable prisoners are identified and supported where this is  necessary,  including  the  bi-monthly  Safer  Custody  Meeting  where  cases  are reviewed. There are also ad-hoc case conferences convened when new receptions or existing  prisoners  have  been  identified  as  being  vulnerable,  through  mental  or physical health issues or because of the crime they have committed, and recorded action  plans  are  put  into  place  to  manage  and  supervise  the  individual(s)  more effectively.

® Refurbishment of the accommodation for women, and specific policies and practices to meet their needs.

The female population was relocated to newer accommodation in December 2006. This accommodation provides in-cell' en-suite facilities and is considered to be the best  available  accommodation  in  the  establishment.  A  Wing-specific  routine  is provided; there are also variations of how Prison policies on Incentives and Earned Privileges (IEP) and the Facilities List are applied.

® Effective child protection measures should be in place while children remain at La Moye.

Public and Child Protection Policies were introduced early in 2007, and the Child and Public Protection Committee was created to ensure that the Prison complied with all child and public protection matters. The Committee reviews individual cases of concern and there are also ad-hoc case conferences convened when new receptions or existing prisoners/children have been identified as being vulnerable; action plans are put into place to manage and supervise the individual(s) more effectively and there is a training plan in place for staff that includes mandatory training for them in child and public protection matters. A Public and Child Protection post was established in September 2007 and is currently filled by a uniformed officer who acts in liaison with the  Prison  SCO,  the  Police,  Probation,  Children's  Services  and  other  external agencies.

® Systems to record prisoners' ethnicity, monitor access to regime facilities by race and ethnicity, identify and meet the needs of black and minority ethnic and

foreign national prisoners are in place.

The  Prison  Activities  and  Employment  Board  was  created  in  2008,  and  ethnic monitoring on regime activities to meet the needs of our foreign national prisoners is in place. This is further supplemented by data provided on our Programmes and Intervention  Committee,  Release  On  Temporary  Licence  (ROTL)  panel  and Safer Custody and Resettlement Committees.

® Faith and religious activity

  • The Prison should employ appropriately qualified chaplain(s) to undertake the statutory duties outlined in Prison (Jersey) Rules.
  • Religious services should take place in a chapel or in a room dedicated for spiritual worship, and should be accessible to all prisoners weekly.
  • Services  should  be  available  to  prisoners  from  non-Christian faiths.
  • Enhanced-level  women  prisoners  should  have  equal  access  to Communicare family visits.

A part-time Prison Chaplain was recruited in 2007 and has since has been replaced by a Chaplain with previous prison experience in the England and Wales Prison Service. Two further part-time Chaplains have been appointed. The Prison Chapel has been refurbished and re-dedicated to provide religious services, and all religious denominations are now able to access services according to their faith.

Family visits at Communicare' were stopped in 2006 because of increasing security breaches by prisoners.

® A review of security and the implementation of effective procedures and management systems are required.

  • There  should  be  a  security  committee  that  holds  monthly, minuted meetings.
  • There should be a full review of all work related to security, as a priority, to ensure that it is adequately resourced.
  • All information submitted on security information reports (SIRs) should  be  analysed,  and  a  senior  manager  should  record  the follow-up action required. Any intelligence identified should be used  proactively,  and  staff  submitting  SIRs  should  receive acknowledgement.
  • Scheduled quarterly searches and target searches of cells should always be carried out.
  • Tools should be held on shadow boards in secure cabinets and only  issued  by  staff  through  a  tally  system.  Tools  should  be returned and accounted for before prisoners leave the area.
  • All potential weapons and escape equipment should be removed from the Prison or stored securely, as a matter of priority.
  • Contingency  plans  should  be  tested  regularly  through  the desktop' method.
  • A comprehensive list of the Prison Rules should be drawn up and publicised in all residential Wings.

A review of the Security Department, including procedures and management systems, has  been  performed  and the  Security  Committee  meets  on  a  monthly  basis, with minutes of the meetings being recorded for audit purposes. All security activities have been reviewed; processes relating to SIR submissions, cell and area searching, tool security and tool marking have been reviewed and amended in recognition of HMCIP recommendations.

Prison Rules were revised and published in 2007 and copies are available for prisoner perusal/reference in the Prison Library.

Contingency plans are currently being updated, but the Prison has been unable to perform contingency planning exercises at this stage.

® The  introduction  of  more  education  and  skills-training  for  prisoners  is required.

There has been significant investment in this area. A Resettlement and Prisoner Needs Analysis was performed in 2006 and this resulted in the recruitment of a Head of Learning and Skills. This was followed by the addition of several full–time and part- time teaching staff and Vocational Training Instructors. Learning is now delivered from  a  Learning,  Education  and  Skills  Centre  and  also  in  situ  on  residential accommodation. An effective and well-used Prison Library is also in place. Learning is designed to provide a core programme of accredited basic and key skills, and a range of personal development programmes designed to enhance life skills and in so doing reduce offending behaviour and aid rehabilitation. Skills-training is designed to meet the skill needs of Jersey.

® Resettlement was not a familiar concept in the Prison. A resettlement needs analysis, followed by the implementation of an effective resettlement strategy,

supported by a committee and led by a senior manager is required. The needs analysis should be used to determine offending behaviour programme work, and the  prison-based  psychologist  should  establish  formal  links  with  the  Prison

Service Offending Behaviour Programme Unit (England and Wales) for advice on how to develop this work.

  • A  senior  manager  should  be  appointed  with  responsibility  for resettlement.
  • A  resettlement  policy  should  be  produced  and  a  resettlement policy committee convened.
  • A manager should be allocated lead responsibility for introducing a  standard  system  of  sentence  planning  for  all  prisoners,  and should prepare plans to ensure that the new sentence planning staff can carry out their duties effectively. The system should be compatible with that used by the Probation Service.
  • The arrangements for sentence planning were inconsistent and erratic.

The Resettlement Needs Analysis performed in 2006 resulted in the creation of the Resettlement and Sentence Management Unit (RSMU) the following year. Two full- time, dedicated Sentence Management Officers were appointed, and within 6 months all prisoners serving over 6 months had a Sentence Plan, and this plan gave specific targets and goals that they were expected to achieve with Prison staff assistance prior to their release. Resettlement issues covering employment, housing, full-time training and education, money management, healthcare and family re-integration are fully discussed with prisoners and their community Probation Officer. A resettlement policy was created and a Committee convened monthly and chaired by a Senior Manager. Prison and Probation Services have separate IT systems, though access to both is shared by selected staff. A project to introduce joint IT service provision for sentence management (Prison/Probation) concluded that there is a necessity to progress this, and a shared system is expected to be introduced in late 2010 or early 2011.

There is also the Market Place', that was established in the summer of 2007 to attract other resettlement' agencies into the Prison to give all prisoners nearing the end of their  sentence  an  opportunity  to  get  further  assistance  in  accommodation, employment,  welfare  and  general  advice.  Agencies  that  have  attended  to  date include –

Workwise and Careers Housing

Grace Trust

Roseneath

The Shelter

Citizen's Advice Bureau Community Banking

The Market Place' has proved extremely popular and continues on a bi-monthly basis.

A Needs Analysis on Offending Behaviour Programmes was also performed, and although several intervention programmes were identified as being fit for purpose', funding restrictions prevented the Prison achieving the full range of interventions that

were desired and discussed with the Offending Behaviour Programme Unit (England and Wales). Nonetheless, the Prison did manage to deliver several Aggression Control Training  (ACT)  courses  in  2008/09  and  continues  to  provide  the  Alcohol  Study Group' course; several prisoners were also sent to the England and Wales Prison Service to receive Offending Behaviour treatment for offences of a sexual nature. Plans for outsourcing' programme interventions are being explored.

In 2005 there was just one Drugs Counsellor to deal with over 70% of prisoners that had committed drug-related offences. The resettlement analysis recommended that additional resources be found to address the needs of the Prison population, and 2 additional Drug Counsellors were recruited in August 2008, and the Drug and Alcohol Prison Service (DAPS) Team was established. This enabled improvements to individual counselling, group programme interventions, work with foreign nationals and engagement with prisoners' families at the Prison and/or in the community.

® New night unlocking arrangements should be introduced immediately to ensure that an officer unlocking a cell does not carry other keys. The remaining

keys should be held in a place where no prisoner has immediate access.

A  review  of  the  night  unlock  procedures  was  performed  immediately,  and  new arrangements introduced that ensure officers unlocking a cell door do not carry other keys and remaining keys are not held anywhere where prisoners would have access. Since  moving  to  new  cellular  accommodation  with  integral  sanitation  facilities, unlocking a cell at night is a very rare event.

® All cells should be fitted with integral sanitation.

An extensive programme of refurbishment and building works has been performed at considerable  public  expense.  This  has  resulted  in  new  cellular  accommodation becoming available at the end of 2009, and now all prisoner cells at La Moye are fitted with integral sanitation.

® Self-Harm and Suicide:

  • Residential  managers  should  be  responsible  for  managing prisoners considered to be at risk of suicide and self-harm and residential  staff  should  attend  all  self-harm  monitoring  case reviews.
  • Residential managers should regularly attend suicide prevention committee meetings.
  • The suicide prevention committee should examine the correlation of bullying and self-harm each month.
  • An anti-bullying coordinator should attend all suicide prevention committee meetings.
  • Prisoners considered at risk of self-harm should not be managed in strip-conditions.

A Safer Custody Committee was established in 2007 and this group produced and is responsible  for  the  Violence  Reduction  and  Anti-Bullying  and  Self-harm/Suicide Prevention  Policies  and  their  accompanying  Committees.  The  Safer  Custody Committee met monthly until earlier this year, when it was decided that bi-monthly meetings would be more appropriate in terms of efficiency and effectiveness. Ad-hoc meetings are held when the need arises. Within the Suicide Prevention Policy it is made clear that residential managers at Senior Officer and Unit Manager level have responsibility for the management of prisoners in crisis in their care and they do attend case reviews and Committee meetings or send a residential representative in their absence.

The Violence Reduction meeting is held immediately after the Suicide Prevention Meeting and discusses those cases where their may be some correlation between an act  of  bullying  and  self-harm  ideation.  All  incidents  and  suspected  bullying  are investigated by the establishment Safer Custody Officer (SCO). The Committee meet bi-monthly and all information and intelligence is co-ordinated and analysed through the SCO.

The SCO coordinates the Suicide Prevention Committee agenda and presents statistics and cases for discussion at the meeting.

On those occasions where a prisoner must be separated from other prisoners for their own safety or the safety of others, a full assessment is made by the Prison doctor or nursing staff, the Prison psychologist and a multi-disciplinary case conference is held to develop an individual management/care plan. Prisoners in crisis are not routinely managed in strip conditions'.

® Race Relations and Foreign National Prisoners

  • The Prison should set up a race relations/diversity committee to champion work on race relations and diversity.
  • A race relations liaison/diversity officer should be appointed to carry forward the work.
  • A programme of training on race relations and diversity should be organised for all Prison staff.
  • The  ethnicity  and  racial  origins  of  all  prisoners  should  be recorded in reception when they arrive.
  • The  Prison  should  produce  a  policy  for  dealing  with  foreign nationals and appoint a coordinator to ensure their needs are met appropriately.
  • The process of giving foreign national prisoners a free five-minute telephone call or letters in lieu of visits should be formalised, and

telephone  calls  for  foreign  nationals  isolated  from  family  and friends should be subsidised.

  • Management should examine the reasons why foreign national prisoners, particularly Madeirans are placed on the vulnerable prisoner unit and should find appropriate solutions.

A Race Relations/Diversity Officer has been identified and operates the post on a part- time basis. A Race Relations/Diversity Committee has yet to be established. A policy document has been created and avenues for complaints under the policy are identified and have been used for investigatory purposes.

Training on Race Relations and Diversity is on the Prison training programme and is identified as mandatory training for all staff.

The  ethnicity  and  racial  origins  of  all  prisoners  is  recorded  on  the  Prisoner Information Management System (PIMS) when they are received into the Prison and fair allocation of work, training, release on temporary licence and access to other offending  behaviour  interventions  is  captured,  analysed  and  discussed  at  several strategic  Committee  meetings  to  ensure  parity  amongst  all  prisoners.  The  Race Relations and Diversity Officer doubles up as the co-ordinator for matters relating to foreign nationals, and a free 5 minute phone call for them is provided by the Prison with opportunities to increase this subsidy where there is a need.

Following the last HMCIP inspection report, a confidential survey of the foreign national population was performed by the Prison Psychologist to determine why there was such a propensity for routinely locating them on the vulnerable prisoner units. Measures to address the results have been taken, and the foreign national population as a whole is now widely dispersed throughout our prisoner accommodation units. We are also hoping to establish a Foreign Nationals Co-ordination Team to meet with our foreign national population on a regular basis modelled on prisoner councils.

® Prisoner Applications and Complaints

  • A  formal,  auditable  prisoner  complaints  system  should  be introduced.

A formal, auditable prisoner complaints system was introduced in 2006 and this included  general  prisoner  applications  made  on  a  daily  basis  with  an  option  to address  the  Healthcare  Team  independently.  A  separate  system  of  complaints  by prisoners for the attention of the Independent Board of Visitors is also in place.

® Legal rights

  • Legal reference material should be available to prisoners in the Prison Library.

Abundant legal reference material is now available for prisoners' perusal in the Prison Library.

® Healthcare

  • Algorithm-based nurse triage should be introduced.
  • Nurse-led clinics should be introduced.
  • Administrative staff should be employed to release nurses from non-clinical duties.
  • Staff shift patterns should be reviewed to maximise resources.
  • Nurses should not undertake discipline duties, such as control and restraint and locking of Wings.
  • There  should  be  clinical  supervision  for  all  staff,  and  clinical governance should be introduced.
  • A primary care-compatible IT system should be installed.
  • The  garden  space  next  to  the  healthcare  centre  should  be developed to provide extra clinical accommodation.
  • A defibrillator should be provided and all staff (including the dentist and dental nurse) should have training in its use, as well as cardiopulmonary resuscitation.
  • There  should  be  a  medicines  and  therapeutics  committee, including  the  chief  pharmacist  and  doctors,  to  review  all pharmacy  policies  and  procedures  and  introduce  medicines management, review the use of drug administration charts and the use of patient group direction.
  • The dental unit should be replaced.
  • All healthcare policies should be reviewed and updated regularly.
  • There  should  be  an  increase  in  mental  healthcare  provision, including that for patients with counselling needs.

Nursing triage and nurse-led clinics have been introduced and an administration clerk has taken up post to ease the administrative burden on nursing staff. New shifts for healthcare nursing staff were introduced and they are no longer routinely involved in locking up cells on residential units nor planned control and restraint removals, though they do attend such incidents as a duty of care for the prisoner and staff involved.  Clinical  governance  has  been  introduced  and  all  staff  receive  clinical supervision. An IT system is in place that is used across a number of departments across the Island, but the purchase of an improved primary care system has proved financially  prohibitive.  Several  defibrillators  are  strategically  placed  around  the Prison and all healthcare professionals are trained in its use, as are the Senior Officer group.

There is a Medicines and Therapeutics Committee that reviews all pharmacy policies and procedures and has introduced some medicine self-management by prisoners, though this is restricted because of the value attached to some medicines and the attraction of exchanging these for other goods by prisoners.

The Dental Unit has not been replaced nor has the garden area been developed due to financial restrictions being placed on the Prison. There are long-term plans however, for a purpose-built healthcare centre to replace the current building.

The Healthcare Manager reviews and updates healthcare policies annually and on an as needs arise' basis.

A clinical psychiatrist visits the Prison once per month and a clinical psychiatric nurse visits once per week. Counselling services are available to prisoners on a referral basis from internal and/or external sources.

® Education and Library Provision are inadequate, as are work opportunities for prisoners in terms of quality and the acquisition of skills and individual

prisoner needs. There is little full-time employment.

A Resettlement and Prisoner Needs Analysis was performed in 2006 and this resulted in the recruitment of a Head of Learning and Skills. Learning is now delivered from a Learning  and  Education  and  skills  Centre  and  also  in  situ  on  residential accommodation. An effective and well-used Prison Library is also in place, with a full- time Librarian. Learning is designed to provide a core programme of accredited basic and key skills and a range of personal development programmes designed to enhance life skills, and in so doing reduce offending behaviour and aid rehabilitation. Skills- training is designed to meet the skill needs of Jersey. An Activities and Employment Board (A&E) presided over by the Head of Learning and Skills convenes fortnightly and allocates work based on vacancies and all requests from prisoners for work. 85% of prisoners are now engaged in full-time employment and/or learning activities. The A&E Board also discusses and decides on recommendations from the workplace for the dismissal of prisoners. All activities are monitored for effectiveness and prisoner attendance; appropriate protective clothing is available for prisoners depending upon the workplace.

® Physical education and health promotion

  • There should be more physical education equipment on the Wings with restricted access to the main gym.
  • Vocational training should be offered alongside the recreational physical education programme.

This  recommendation  was  not  fully  accepted,  given  the  health  and  safety  risks associated with placing equipment on the Wings. A multi-purpose fitness centre now provides excellent facilities. This is supported by a full-time civilian Sports Manager and 3 dedicated Physical Education Officers recruited from the discipline grades. The whole programme is now geared to an improved understanding of the connection

between well-being, a sensible lifestyle, good physical conditioning and healthy eating options, and all prisoners are offered the opportunity of having individual learning plans and personal staff supervision whilst in custody. A bid to have the Prison accepted as an official CYQ training centre has been submitted and confirmation of acceptance is expected by the end of March 2010.

® Time out of cell

  • Exercise should only be cancelled with the authority of the duty Governor, and there should be a log of the occasions when it is cancelled, who took the decision and for what reason.

Exercise is only cancelled on the authority of an operational manager not below the rank of Unit Manager, and a record is kept of those occasions when it is cancelled and why. An improvement to weekend evening association periods for enhanced prisoners has also been achieved.

® Incentives and Earned Privileges (IEP)

  • There  should  be  an  effective  incentives  and  earned  privileges (IEP) scheme for all prisoners and incentive levels for adult males should not be restricted by location.
  • Enhanced  status  should  be  available  to  all  prisoners  after  a reasonable period of settling in and assessment.
  • Prisoners should not be downgraded in the IEP scheme for a single, minor incident or for providing a positive voluntary drug test.

A Prison Incentives and Earned Privileges Scheme (IEP) was introduced in 2007 and reviewed in 2008. A further review has taken place in 2010 and improvements to existing procedures have been made.

Prisoners on enhanced status are no longer restricted by location though because of population management, operationally it has been expedient to do so from time to time.

Prisoners are assessed for IEP status on arrival in Reception and although the period for further assessment is normally 3 months, ad-hoc assessments are convened after recommendations by discipline or civilian staff or on application by the prisoner.

A 2 Strike Policy' for failure on the voluntary drug-testing scheme was introduced in 2007  and  a  prisoner's  overall  behaviour  and  compliance  with  sentence planning targets is considered before any reduction in status, even after 2 strikes have been breached.

® Catering

  • Kitchen workers should have parity of pay and conditions with prisoners employed in the workshops.
  • All prisoners who handle food should be trained in food hygiene, and  food  serving  should  conform  to  food  safety  and  hygiene requirements.
  • The  catering  department  should  offer  industry  recognised vocational training.
  • Lunch should not be served before noon, and the 16 hour gap between the evening meal and breakfast should be reduced.
  • Meals should be provided to suit the cultural tastes of prisoners, particularly  those  from  Madeiran  backgrounds  who  are  the largest minority group.
  • Prisoners, including those on A, B and C Wings, should receive an appropriate level of supervision at meal times.
  • Each Wing should have a food comments book for prisoners to comment on meals.
  • The catering manager should carry out a food survey at least once a year, and ensure that dishes catering for black and minority ethnic prisoners and young people are available on the menu.

As a result of a review of prisoners' earnings in 2008, kitchen workers are now the highest-paid group of workers within the establishment. All prisoners working within the Catering Department are trained in basic food hygiene prior to commencement of their  duties.  All  food  safety  and  hygiene  requirements  are  observed,  and  this  is monitored by an independent States of Jersey Food Health and Hygiene Officer. Where  operationally  practicable,  food  is  not  served  before  midday  and  the  gap between the evening meal and breakfast has been reduced by 2.5 hours.

An extensive choice of menu is offered to all prisoners and an attempt is made to provide for all cultural tastes and preferences; each Wing has a food comments book available for prisoners to make their comments and the Wing Council meetings are a further avenue for prisoners to make requests for dietary/menu changes.

Food supervision on the Wings that replaced A, B and C Wings is much improved and controlled.

® Prison shop

  • All shop orders should be delivered to prisoners' cells to minimise the potential for bullying.
  • Staff should not buy goods for prisoners outside the Prison. All purchases,  including  orders  from  catalogues,  should  be  made through the Prison shop.
  • The range of goods in the Prison shop should be significantly expanded  and  Prisoners  should  be  surveyed  as  to  their requirements.

It has been impracticable to deliver all shop orders direct to prisoners' cells, though orders do come pre-packed, sealed and given to the individual by a member of staff over the servery' counter.

An instruction was given to staff in 2006 not to purchase goods for prisoners outside of the Prison. We have, as yet, been unable to appoint a suitable mail order/catalogue provider of goods due to cost and resource implications.

A survey of prisoners has been performed but this is not a regular exercise. Prisoners have every opportunity to make their views known regarding goods they would like to see stocked in the Prison shop through the Prisoner Council meetings held monthly.

® Prison Baseline Standards and Introduction of Shadow Targets to underpin Standards and Measure Staff/Organisational Performance are required.

Prison Standards and Baselines have been produced along with targets. A programme of self-audit is currently being planned to underpin and monitor departmental and organisational performance.

® Substance Misuse

  • There  were  insufficient  resources  to  meet  the  needs  of  the population. A comprehensive drug and alcohol strategy should be developed  which  integrates  supply  and  demand  reduction initiatives,  contains  detailed  action  plans  and  performance measures, and reflects the needs of the different populations.
  • Available data should be analysed to inform the strategy.
  • Specialist advice should be sought before there are changes to the clinical  management  of  opiate  users,  as  current  healthcare resources  are  insufficient  to  introduce  the  prescribing  of controlled drugs safely.
  • Drug  and  alcohol  counselling  should  be  extended  to  meet  the needs of all prisoners.
  • Drug testing should be reviewed and its role clarified.
  • There  should  be  security  measures  to  limit  the  availability  of illegal drugs within the Prison.

A comprehensive drug and alcohol policy document was introduced early in 2007, and the Drug Strategy Committee was established and headed by the Deputy Governor. The Committee convenes bi-monthly and continually reviews and considers existing and  new initiatives  to  meet  the  needs of the  prisoner  population.  The  Drug  and Alcohol  Prison  Service  Manager  (DAPS)  provides  a  full  range  of  data  to  this committee and the Senior Management Team at their monthly meeting.

Controlled drug dispensing is more securely and closely managed.

In 2005 there was just one Drugs Counsellor to deal with over 70% of prisoners that had  committed  drug-related  offences.  The  resettlement  analysis  recommended additional resources be found to address the needs of the Prison population, and 2 additional  Drug  Counsellors  were  recruited  in  August 2008  and  the  Drug  and Alcohol Prison Service (DAPS) Team was established. This consists of a Manager plus  2 full-time  Counsellors  plus  a  part-time  voluntary  Counsellor.  This  enabled improvements to individual counselling, group programme interventions, work with foreign nationals and engagement with prisoners' families at the Prison and/or in the community.

The current voluntary testing scheme is discussed at the Drug Strategy Committee and mandatory testing is used for target and/or compliance testing as required.

An improvement to resources within the Security team has made some impact on the availability of illegal drugs in the Prison, and electronic and mechanical measures (Ionscan, Bosschair and Pacto toilet) have been introduced to support those resources with some success.

® Discipline

  • All  locations  used  for  adjudication  hearings  should  be  risk- assessed  and  cleared  of  potential  weapons  before  the  hearing. (Achieved)
  • Prisoners  should  be  given  written  information  before  an adjudication that explains the process fully. (Achieved)
  • Use  of  force  documentation  should  be  completed  on  every occasion force is used on a prisoner. (Achieved)
  • The special cell should not be used solely to prevent acts of self- harm. The Prison should develop more appropriate arrangements to support prisoners in times of crisis. (Achieved)
  • Planned control and restraint interventions should be recorded by video camera. (Achieved)
  • The time that a prisoner is removed from a special cell should always  be  recorded.  Senior  managers  should  ensure  that prisoners in a special cell are closely monitored and returned to normal location at the earliest opportunity. (Achieved)
  • All prisoners held in segregated conditions should receive daily access to showers. (Achieved – subject to operational demands)
  • A Governor should formally authorise in writing the status of prisoners held in segregated conditions, and their ongoing status should be reviewed formally and regularly. Prisoners should be held  in  segregation  no  longer  than  absolutely  necessary. (Achieved)
  • Prisoners who are located in the segregation units should not be strip-searched  routinely  but  only  if  necessary  following  risk assessment. (Not accepted due to consideration of safety and security of individual prisoner and staff members)
  • All  charges  should  be  fully  investigated  by  adjudicators. (Achieved)
  • The  punishment  cells  on  E Wing  should  have  appropriate cell furniture. (Achieved)
  • Entries  in  Wing  history  files  should  be  made  daily  and consistently demonstrate that those held in segregated conditions are being effectively monitored. (Achieved)
  • A record should be maintained of all women prisoners held in segregated conditions. (Achieved)

® Family and Friends

  • There should be a prisoners' telephone in the old reception unit. (No longer required – unit closed)
  • There should be formal, scheduled, monthly reviews of prisoners on closed visits. (Achieved via the Security Group Meeting)
  • Protocols on the use of the Prison drug dog should be written and published. (The Prison no longer has a Prison drug dog)

APPENDIX B

Recommendations not accepted, not achieved or only partly achieved

® Discipline

  • All senior managers who conduct adjudication hearings should attend a recognised training course. (Not accepted)

(This is generally covered as a topic on a Management Development Course in UK Prison Services. It would be difficult to justify the costs associated with sending managers to the UK for this session as this is something that can be managed in- house.)

  • Punishment  tariffs for  specific  offences  should  be  devised  and published to staff and prisoners, and there should be regular, minuted standardisation meetings. (Not accepted)

(Each discipline offence should be dealt with on merit, taking all factors into account. Set tariffs aren't always fair and just, but the Governor has put in place a process to review punishment tariffs on a quarterly basis to ensure consistency and fairness.)

  • Prisoners placed on Governor's Report should be able to request witnesses and legal representation, and should be invited to do so as part of the formal process. (Not accepted)

(No issue with witnesses, but loss of remission is not a disposal available to the Adjudicator, so routinely inviting legal representation isn't necessary or appropriate.)

  • There should be published selection criteria for staff working in segregation units to ensure maximum continuity. The Governor should authorise all staff who work in the segregation units. (Not accepted)

(The Segregation Unit in La Moye isn't in constant use and often has to be staffed at short notice. Maximum flexibility is required and any Prison Officer should be fitted for this task.)

  • Prisoners who are located in the segregation units should not be strip-searched  routinely  but  only  if  necessary  following  risk assessment. (Not accepted on safety and security grounds. Prisoner who may expect to be placed in segregation may attempt to conceal items that could cause self-harm or harm to others or may seek to pass illicit items to others in segregation.)
  • Statutory  visitors  should  visit  all  prisoners  in  segregated conditions  each  day,  and  these  visits  should  be  recorded.  A member of the Board of Visitors should visit at least once a week. (Not accepted)

(BoV members are unpaid and they visit twice per month on a voluntary basis, which is adequate. It should also be noted that members of the Chaplaincy team, whom most prisoners would deem to be independent, are available most days, and the Samaritans also visit on a weekly basis, giving good access to an independent source.)

® Family and Friends

  • A  visitors'  centre  should  be  established  and  should  provide information on what visitors can expect from their visit and how to  receive  help  when  needed.  (New  visitors'  centre  to  be  built 2011/12.)
  • The physical conditions for visits should be improved to bring them up to an acceptable condition, and there should be better facilities, particularly for those with children. (Some improvements have been made but as stated above, new centre planned.)

® Appointment  of  Health  and  Safety  Committee  and  Health  and  Safety Co-ordinator (Lack of funds prevented the appointment of a qualified Health and Safety Co-ordinator, but a structure has been devised and supporting Committee members  identified.  A  job  description  has  since  been  produced  and  the  Prison appointed a qualified Co-ordinator in July 2011.)

® The  Prison  should  create  an  Internal  Audit  Team  and  Annual  Audit Programme on which to Measure Quality of Service Delivery. (The Prison is in the process  of  establishing  internal  audits,  though  a  dedicated  audit  team  won't  be pursued due to financial constraints.)