Select Committee on Home Affairs Fourth Report


BLANTYRE HOUSE PRISON

COULD THE PRISON SERVICE HAVE MANAGED THE SITUATION MORE EFFECTIVELY?

76.  There seem to be three factors which created the situation in which it was decided to dismiss the Governor, and search the prison. They are:

  • the relationship between the Governor and the Area Manager
  • the lack of a Prison Service resettlement policy
  • confusion about the status of the prison.

THE RELATIONSHIP BETWEEN THE GOVERNOR AND THE AREA MANAGER

77.  The Governor, Eoin McLennan-Murray, came under the responsibility of the Area Manager, for Kent, Surrey and Sussex, Tom Murtagh, who supervised 13 prisons with a capacity for 6,277 prisoners. We have received considerable evidence that the relationship between the former Governor of Blantyre House and Area Manager from 1998 onwards was worsening.[97] We deal in paragraph 80 below with allegations of bullying. The difference between the situation at Blantyre House and that at the nearest equivalent resettlement prison was encapsulated by the Chief Inspector of Prisons:

    "The Governor [of Kirklevington Grange] will tell you that she feels very supported by the Area Manager in her work".[98]

    "The Governor [at Blantyre House] had a very clear view of his mission, which had been endorsed by successive Directors General ... I do not think that that was actually shared by the Area Manager. I get the feeling that the Area Manager, for reasons best known to himself, did not actually support what the governor was doing or why. I think that is thoroughly unfortunate".[99]

78.  The difficult and worsening relationship between the Governor and the Area Manager has to be seen within the context of confusion in the Prison Service about the status of Blantyre House and the absence of a resettlement policy. One obvious area of disagreement was over security standards at the prison and for work placements. The Prison Service sets core security requirements, but "there is flexibility for governors and area managers to adapt the application of these standards".[100] We note that the Prison Service is aware of its own management weaknesses. A recent report on failing prisons recommended: "The managerial responsibilities of the Area Managers should be clearly defined and they should be held personally accountable for the performance of each prison in their areas".[101] This demonstrates the tension inherent in any organisation between central direction and local flexibility.

79.  We conclude that the relationship between the Area Manager and the Governor had deteriorated to such an extent that the Prison Service should have addressed it much earlier by moving one of them or by altering the chain of command or both.

BULLYING

80.  We received a number of allegations that Eoin McLennan-Murray, while Governor, was bullied by Tom Murtagh, his Area Manager. These were denied by the Prison Service. The evidence is set out below:

Members of the Board of Visitors told us:

Mr McLennan-Murray, when pressed on this issue, said:

    "I suppose the line between exerting managerial control robustly and bullying is a fine line. I think if I am able to stand back, having had the benefit of other peoples' observations, I would say, yes, I was the subject of bullying."[103]

Mr Narey, Director General of the Prison Service, responded:

    "I do not believe he was the subject of bullying. I know Mr Murtagh has a robust management style. Frankly, in the Prison Service that is frequently necessary".[104]

81.  We have not taken evidence on the detailed incidents which gave rise to these allegations of bullying. When Mr Murtagh appeared before us, our questions on this subject were answered by his superior, Mr Narey, and he has not responded to them himself. These allegations came from the independent Board of Visitors and Mr McLennan-Murray himself seemed cautious in accepting the description of bullying.

MR MURTAGH'S ATTITUDE TO RESETTLEMENT

82.  It is clear that Tom Murtagh and Eoin McLennan-Murray had different attitudes to resettlement. This was apparent to the Chief Inspector of Prisons:

83.  The Education Manager told us that after a visit by the Prisons Minister, Paul Boateng, on 5 July 2000 she was called to the Governor's office. In the course of a discussion about re-instating the photography class, Mr Murtagh told her that the prisoners "were not to be trusted because they were all beyond redemption".[106]

84.  Mr Murtagh told us:

    "I have certainly not said anything of the sort ... I categorically deny it".[107]

He went on to describe how he had set up a resettlement unit at Rochester prison and was planning another one at Stamford Hill.[108]

85.  We note that Mr Murtagh, in a report to Prison Headquarters after the search at Blantyre House, said, in relation to two prisons outside his area of responsibility:

    "Though I have no information on the situation that currently exists at the other two main resettlement sites, Latchmere House and Kirklevington Grange, the outcome of this operation must point to a need to subject both of these establishments to similar scrutiny."

86.  Even if Tom Murtagh was fully committed to resettlement as practised at Blantyre House—which frankly we find difficult to believe—he failed to convey that impression to some of those who worked near him. In fact, he gave very much the opposite impression to others and to us.

ABSENCE OF A RESETTLEMENT POLICY

87.  We were surprised to be told that the Prison Service does not have a policy or central guidance on the resettlement of offenders. The Prison Service acknowledges this:

This is disturbing because, as Sir David Ramsbotham has reported:

    "Only 26 of the latest prison population of 63,820 have been told that they will not be coming out of prison, which suggests that there is a need for more rather than less resettlement prisons, or prisons with a specified resettlement responsibility".[110]

This does not mean to say that prison staff under-rate the importance of resettlement. The Prison Governors Association told us:

    "Governors historically have been about rehabilitation and about moving forward. That is where our belief in the work that we do lies".[111]

The needs of prisoners were described by the Chief Inspector:

    "Every prisoner who has been in prison has a resettlement need to prepare them for release, whoever they are ... the resettlement process starts the moment a person enters prison. Any sentence plan is actually a sentence plan for what is to happen throughout the term of the sentence, and it may well include the time when a prisoner is released and serves the rest of the sentence on licence or under supervision in the community".[112]

He also reminded us:

    "Resettlement does not only take place in prisons like Blantyre House and Kirklevington Grange; virtually every single prison in the country is involved in the resettlement process in some way or another and it is absolutely essential that the direction applies to every single release and not just these".[113]

Eoin McLennan-Murray explained the realities of resettlement:

          "Blantyre House specialises in long­term prisoners. Long­term prisoners are making an ever­increasing large proportion of the average daily population. In the last fifteen years the numbers have rocketed from something like literally a few thousand to tens of thousands of prisoners who are long­term. As research has indicated long­term [prisoners] have different needs from short­term prisoners. There is not a blueprint for resettlement, to say one size fits all. You have to tailor it to the needs of the prisoner. We have not defined what resettlement needs are. Most people think it is accommodation and employment. My own research at Blantyre House demonstrated that most of the men were in full­time employment prior to conviction and most of them had stable accommodation. Just having a job and a place to live did not prevent them committing further crime. There were other needs that they had. Those are the needs we need to address. Some of those needs come about because of the process of imprisonment in our secure estate".[114]

88.  The Prison Service has recently given prison governors greater flexibility in granting temporary release for prisoners in open prisons and women's prisons for the purposes of resettlement.[115] This does not seem to have been extended to adult male prisoners. Women's prisons (and high security prisons) are not run through Area Managers but come under the direct responsibility of someone at Prison Headquarters.

89.  We therefore have a situation in which almost all the prison population will leave prison at some stage; most of them will have some form of resettlement need; prison governors see their main role as rehabilitating prisoners; but the Prison Service has no policy or guidance on resettlement.

SECURITY STATUS OF BLANTYRE HOUSE

90.  The Chief Inspector's report refers to confusion in the Prison Service about whether Blantyre House is (a) a resettlement prison for long-term prisoners, (b) a Category C training prison with a resettlement role, or (c) a Category D/Open Prison for lifers ready for parole.[116]

91.  This confusion must have contributed to the tension between the former Governor and the Area Manager. It will have made it even harder to strike a sensible balance between security and resettlement. There is also a wider issue about whether the categorisation system—in which prisoners are categorised according to risk of escape and prisons are designed to accommodate those risks—needs to be overhauled. Sir David Ramsbotham told us:

    "the dividing line between C and D or, indeed, between B and C is sometimes pretty vague. They were drawn up originally, as you know, as a result of the Mountbatten Inquiry in the 1960s and I think they need updating ....what I hope is that in coming up with a policy covering resettlement the Prison Service will complete the work on categorisation".[117]

92.  We conclude that the confusion in the Prison Service about the status of Blantyre House was dangerous and should have been addressed earlier. It is unacceptable that an organisation so keen on categorisation should have allowed one of its prisons to remain for so long in an ambivalent status.

93.  There may be a case for some other category for resettlement prisoners: category R. We have not taken evidence on the implications of this for the whole prison population. Resettlement should be part of the plan from the start for even the most dangerous prisoners, currently described as category A. We agree with Sir David Ramsbotham that completion of the overhaul of the current categorisation system is urgently needed. We welcome the Prison Service's own review of security standards at the prison.

CONCLUSION ON WHETHER THE PRISON SERVICE COULD HAVE MANAGED THE SITUATION MORE EFFECTIVELY?

94.  We conclude that (a) the absence of a resettlement policy, (b) the ambiguity about the security status of Blantyre House and (c) the obvious tension between the former Governor and the Area Manager all reveal serious weaknesses in the management of the Prison Service. This is compounded by the inability to investigate properly what went wrong. The situation should never have been allowed to deteriorate to the point at which the Director General thought the only option open to him on 5 May was to remove the Governor and conduct a full search of the Prison.

WHO SHOULD TAKE RESPONSIBILITY

95.  We have not taken evidence on what happened further up the chain of command in the Prison Service between the Area Manager and his superiors; nor have we heard whether anyone responsible dissented from the course of action chosen. The Director General has taken full responsibility for what has happened and distinguished his role from that of the Prisons Minister. We note with interest the perspective of the Chief Inspector:

96.  The impression which has been given to us is that the Prisons Minister, Paul Boateng, played no active part in these events. He was "informed" on 4 May of the decision to conduct a search and not asked to give his consent.[119] We assume he could have questioned this decision and, had he done so, it might have been delayed. The image of a Minister taking a back seat in such matters seems rather different from what has been seen in the past following serious prison escapes. The distinction between operational matters and ministerial responsibility can be a fine one at times. Clearly it is not usually the job of a Minister to decide if a prison search should occur, but perhaps some of the events described in this report could have been avoided if Ministers had been kept more fully informed much earlier of the background which led to the search. We find it difficult to believe that the Home Secretary's office was unaware of the impending action by the Prison Service at Blantyre House when the Home Secretary wrote on 20 April to quell our concerns about the future of the prison. If it was unaware, there was a bad failure of communication; if it was aware, then the Home Secretary's letter to us was less than complete.

97.  We note that Mr Narey has chosen to take full responsibility for these events, but we do not believe he is entirely to blame. The factors that led to the crisis on 5 May started before he became Director General in 1999. We accept Sir David Ramsbotham's assessment that this is not the way Martin Narey wants the Prison Service to go. The burden of salvaging Blantyre House and devising a resettlement policy now rests heavily on him.

CONDUCT OF THE PRISON SERVICE

98.  Two other issues have caused us concern in this inquiry and they may be linked. First there are some doubts about the quality of the Prison Service's internal reports. Secondly, there have been strong doubts about the accuracy of its statements to the public, press, Board of Visitors and Parliament.

INTERNAL REPORTS

99.  In this inquiry we have seen two internal reports by the Prison Service into the management of Blantyre House and the search there on 5/6 May. Both appear to us to lack independence from the chain of command and rigour of approach. We understand that similar considerations led to the establishment of the Police Complaints Authority. The heads of most organisations would want to be satisfied that, when something has gone wrong, the lessons to be learned are identified in full. This requires accurate reports prepared independently from those involved in the events investigated. In this case it was open to the Minister to ask the Chief Inspector of Prisons to investigate and report. It did not occur to the Minister to do so.[120]

100.  We recommend that when something goes seriously wrong in the Prison Service, the investigation should be conducted independently by the Chief Inspector of Prisons.

OPENNESS

101.  The instances we have considered of possibly misleading statements are set out below. All these seem to us to be misleading to a greater or lesser degree.


(a)the Board of Visitors was told at the time of the search that it was being carried out at the request of the incoming Governor. It is now clear that the search was planned from 18 April onwards and that the new Governor did not know about it or his imminent appointment until 3 May. The falsity of the suggestion that the incoming Governor requested the search has undermined trust in the Prison Service.
(b)We were told on 16 May that a "quite frightening amount of contraband material" was found in the search.[121] It may be that on 16 May—11 days after the search—Prison Headquarters did not have full details and relevance of what was found. But it must have known at least that the scale of the finds was "nothing significant" rather than "quite frightening".
(c)It was also said that the cost of the damage caused was only £400. The Director General subsequently wrote to the Committee on 20 June to correct that to £2,585.[122] The higher figure of £6,100 subsequently given reflects the difference between commercial rates and Prison Service rates. It is not unreasonable that the cost of the damage was not known on 16 May.
(d)A letter was sent by the Prison Service to two local newspapers referring to a set of builders' tools including a spirit level as "escape equipment".[123] While we accept that builders' tools could be used in an escape, they were the authorised work implements of a prisoner and the Prison Service should not have represented them as escape equipment.
(e)A Parliamentary question about the circumstances of the Governor's move was answered with the phrase "[his] career move ... had been planned for some time".[124] We do not think handing a governor a letter without notice saying "with immediate effect you are being moved" is consistent with a "planned career move". "Planned" implies some notice was given; "career" does not lie well with an immediate move. Moves may have to be carried out without notice in some circumstances, but it is misleading to describe such a move as a "planned career move".
(f)Another Parliamentary question, answered nearly three weeks after the search, referred to "98 finds of unauthorised articles..." [125] By then most of the supposed unauthorised items had been returned to the prisoners. This was a misleading answer which should have been corrected at the earliest opportunity.


102.  After any dramatic event such as the search, the details may not be clear for some time. We accepted on 16 May 2000 the Minister's assurance that we would be given in due course information on "the whole incident".[126] Despite several reminders over the next two months, this information was not forthcoming until 28 September. The Prison Service did not commission its own report on the search until 24 July. There was also an unusual and unacceptable delay of six months in the Prison Service clearing publication of the Chief Inspector's report. A similar report on another resettlement prison, Kirklevington Grange, was published four months after the inspection. More recently, the Prison Service has been commendably more forthcoming with the Committee and has shown us the two internal reports on the management and search of the prison.

ROLE OF THE CHIEF INSPECTOR OF PRISONS

103.  This inquiry has demonstrated an anomaly about the role of the Chief Inspector of Prisons. He inspects prisons but not the Prison Service. We find it difficult to imagine other examples of an inspection system which looks at the product but not the process. In his inspections the Chief Inspector clearly learns much about the quality of management of the Prison Service. Some of the management problems of the Prison Service were highlighted in a recent report by Lord Laming of Tewin.[127] The inspection arrangements for the work of the prison and probation services are currently being considered by the Home Office.[128]

104.  We recommend that the new inspection arrangements for the work of prisons should apply to the overall management of the Prison Service.

WHAT SHOULD NOW BE DONE TO ENSURE BLANTYRE HOUSE REMAINS AN EFFECTIVE RESETTLEMENT PRISON?

105.  The key elements in reviving Blantyre House as an effective resettlement prison include resolving the ambiguity about its security status, putting in place central guidance on resettlement policy and resolving outstanding issues about the role of the Area Manager. We do not wish to interfere with the career management of the Prison Service but we have considerable sympathy for the new Governor, who has been placed in an intolerable position. The events of 5 May were not of his making, but he is currently having to deal with the consequences. No one who arrived in those circumstances could have gained the confidence of the staff, Board of Visitors, local community and inmates.

106.  On the basis of this experience, we are also inclined to believe that resettlement prisons should be managed centrally as are both high security and women's prisons.

107.  On the security status of the prison, we conclude that Blantyre House should be classified as a resettlement prison for long-term prisoners with an intermediate security status (between categories C and D) which reflects current layout and facilities - pending re-organisation of security categories more generally, including selection criteria for individual prisoners which reflect the actual security status of a prison.

108.  Blantyre House will need a clear policy framework, significant resources and the commitment of senior management to rebuild the spirit of trust necessary to return to its role as an effective resettlement prison.

WHAT IS THE PRISON SERVICE TRYING TO ACHIEVE IN RESETTLEMENT?

109.  Prison governors are set targets known as Key Performance Indicators (KPIs).[129] The targets and performance of Blantyre House compared with the rest of the Prison Service are set out in the table below in the year April 1999 to March 2000:

  
Purposeful Activity (hours per week)
Successful temporary release[130]
Drug Misuse(% of tests positive)
Assaults
Escapes
Staff Sickness
Prison Service Targets
24 hours
No Overall Target
18.5%
9%
0.05%
12.5 days
Blantyre House Targets
36 hours
95%
4.29%
4%
0
4.53 days
Prison Service Actual
23.2 hours
99.8%
14.2%
10%
0.06%
12.7 days
Blantyre House Actual
43.6 hours
99.85%
0.7%
0
0
8.39 days


110.  We were concerned that these targets do not include one important measure of the effectiveness of the criminal justice system: a low rate of re-offending. What would a 20% drop in the re-offending rate at one prison be worth in terms of resources? Which other key performance targets might be sacrificed for such a gain? What risks would be publicly acceptable to achieve a re-offending rate of 8% compared with an average of 54% for other prisons?

111.  It is possible to argue that part of Blantyre House's success with re-offending is based on the fact that those most likely to respond positively to its regime applied for and were selected to go there. This may account for it having a better than average record on re-offending, but it hardly accounts for that rate being one-seventh of the average.

112.  The significantly lower re-conviction rate of prisoners leaving Blantyre House strongly suggests that its resettlement ethos of trust does have an impact on the lives of its inmates. The fact that in the last six months Blantyre House has experienced five prisoners absconding and one escape,[131] compared to one escape and 15 absconders in the preceding five years raises serious questions as to in what ways the regime at Blantyre House has changed.[132]

113.  This Committee recommended in 1997 that performance indicators and targets for reducing re-offending should be established.[133] The Government reply to that report, in December 1997, said that the Committee's suggestion would be taken into account when considering changes to key performance indicators for 1998-99.[134] We recognise that in a system where a prisoner moves between prisons in the course of his sentence, it is not just his last prison which can have a beneficial effect on whether he re-offends. Nonetheless it would be instructive to see league tables of the eventual re-offending records for all prisoners, broken down between the institutions in which they had served part of their sentence. This might identify for the Prison Service which prisons were doing better than others.

114.  The Prison Service has a prime duty to protect the public. It has key performance targets which measure many things from the number of escapes to the speed of response to letters. It does not have any key performance targets concerned with the long-term protection of the public: whether those who graduate from a system which costs the taxpayer about £23,000 a year for each prisoner commit crime again. We believe the Prison Service must take a longer-term view of its duty to protect the public and devise targets which measure rates of re-offending.

115.  The Chief Inspectors of Prisons and of the Probation Service are conducting a review of preparations for release and resettlement and the Social Exclusion Unit in the Cabinet Office is looking at improving the resettlement of offenders.[135] The Prison Service is developing a policy. The elements of what such a policy might contain are available in research and experience, not least at Blantyre House. A possible policy on resettlement might start on this basis:

  • almost all prisoners, however serious their crime and however long their sentence are likely to return to live in the community eventually
  • it is in society's interest that when they do return to the community they do not offend again
  • time spent in prison should be used productively to reduce the likelihood of re-offending
  • how that time is spent and what needs to be done to reduce the chance of re-offending should be planned from the start of the sentence and reviewed as it progresses
  • resettlement needs to be targeted at the individual prisoner - covering educational needs which otherwise would make it difficult for him to hold a regular job and preparing him for living again in a community which will have changed much during his absence
  • some form of controlled liberty in the community—whether for work, home detention curfew, temporary release on compassionate grounds etc—is probable before the completion of the sentence
  • risks are part of any resettlement or release process.

116.  The Prison Service's objectives for a resettlement policy start with managing and assessing risk. They continue:

  • reduce institutionalisation and provide elements of personal responsibility and trust, to test out the prisoner's ability to function in the community
  • provide opportunities to address offending behaviour
  • provide opportunities to resettle in the family and the community, including access to housing and employment
  • facilitate a smooth transition from the custodial part of the sentence to supervision on licence in the community
  • provide a final stage of preparation and testing for life prisoners who have been given a provisional release date and for other prisoners suitable for discretionary conditional release.

117.  Most of the themes listed in the paragraph above are familiar because they are objectives which were already being pursued at Blantyre House. The Prison Service says "Blantyre House's experience is central to this detailed work on resettlement".[136] It is not clear to us how the Prison Service actually intends to harness the direct experience of Blantyre House. It may be possible to make comparisons between the regime before and after 5 May. The effects of the search and the changes made since that date will make it very hard to treat the post 5 May experience as continuing seamlessly from that which existed from 1987 to 2000.

118.  HM Chief Inspector of Prisons report says there is an urgent need for a person in authority in Prison Service Headquarters to direct the work of resettlement and open prisons:

    "The fundamental part of it is that there should be somebody who is responsible and accountable for the delivery of whatever that policy is, and that is responsible and accountable to the Director General, and so to the Home Secretary, because unless you have somebody in that position who is responsible for ensuring that the policy is delivered consistently at every point of delivery, then you are going to get ups and down and that would be thoroughly unfortunate".[137]

119.  We recommend that the Prison Service publish urgently a policy on resettlement and report to the House in one year's time on what has been achieved. We also want it to consider the appropriateness of appointing a Director of Resettlement with specific responsibility for the three resettlement prisons and resettlement programmes in all other prisons.

CONCLUSION

120.  It is hard to escape the conclusion that what took place at Blantyre House was a self-inflicted injury by the Prison Service. Management drifted into an avoidable situation. The only way out may have seemed to be to remove the Governor and search the prison. That was done in ways that have alienated everyone connected with the prison. Now the Prison Service needs to prove its commitment to resettlement across the whole Prison Service by devising and articulating a clear policy. The status of Blantyre House must be clarified and a real effort made to revive the ethos of trust there. Capable governors and staff need to be reassured that they work for a competent employer. Then perhaps something positive can grow from this serious error of judgement.



97  QQ 81 (Mr Cottle, Board of Visitors); 163 (Mr Semple, former Governor); 239, 243, 250-1, 275-7 (Sir David Ramsbotham, Chief Inspector); 300-5 (Mr McLennan-Murray); 324 & 326 (Mr Newell & Mr Roddan, Prison Governors Association); 473, 478 (Mr Narey, Director General). Back

98  Q 225 (Sir David Ramsbotham). Back

99  Q 251 (Sir David Ramsbotham). Back

100  Appendix 1. Back

101  Modernising the Management of the Prison Service. An Independent Report by the Targeted Performance Initiative Working Group, pp 28 + 29. Back

102  Q82 (Lady Clarke), Q 85 (Mrs Tipples). Back

103  Q 301. Back

104  Q 477 (Mr Narey). Back

105  Q 228. Back

106  Q 131. Back

107  Q 481. Back

108  Q 532. Back

109  Prison Service internal report into management of Blantyre House para 15 (i) p 68. Back

110  HMCIP Report, p6. Back

111  Q 330 (Mr Newell). Back

112  Q 235-6 (Sir David Ramsbotham). Back

113  Q 231 (Sir David Ramsbotham). Back

114  Q 335. Back

115  Official Report 28 July 2000 col. 1169w. Back

116  P 2. Back

117  Q 233 (Sir D Ramsbotham). Back

118  Q 250 (Sir David Ramsbotham). Back

119  Q 732. Back

120  Q 754 (Mr Boateng). Back

121  HC 506-i Q 13 (Mr Narey). Back

122  Letter from Martin Narey 20 June 2000. Back

123  Courier, Kent Messenger. Published 26 May 2000. Back

124  Official Report [Lords] col WA73. Back

125  Official Report 25 May 2000 col 625W. Back

126  Q 10 (Mr Boateng) 16 May 2000 published in HC 506-i,1999-2000. Back

127  Modernising the Management of the Prison Service. An Independent Report by the Targeted Performance Initiative Working Group. Back

128  Consultation Paper Inspecting the work of the prison and probation services: options for the future August 2000.  Back

129  Period April 1999 to March 2000. Data for Prison Service taken from the Home Office report "Prison Statistics England and Wales 1999". Data for Blantyre House taken from Appendix 1. Back

130  Release on Temporary Licence. Back

131  Appendix 6. Back

132  Q 247 (Mr Allen). Back

133  Second Report 1996-97 The Management of the Prison Service (Public and Private) HC57 para 140. Back

134  Cm 3810 p10. Back

135  Q 231 (Sir David Ramsbotham).  Back

136  Appendix 1. Back

137  Q 232 (Sir David Ramsbotham). Back


 
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