10. Memorandum submitted by
the Independent Monitoring Boards
1. Boards of Visitors, now known as Independent
Monitoring Boards, have their Statutory Authority under the Prison
Act of 1952. By virtue of this Statutory Authority there is a
Board in each of the 138 penal establishments in England and Wales.
2. The principal duties of Boards are:
— To satisfy themselves as to the state
of the prison premises, the administration of the prison and the
treatment of prisoners;
— Inquire into and report upon any
matter into which the Secretary of State asks them to enquire;
— Direct the attention of the governor
to any matter which calls for his attention;
— Report to the Secretary of State
any matter which they consider it expedient to report.
3. Every Board is required to submit an
Annual Report to the Secretary of State giving their views on
the state of the establishment and drawing attention to matters
of concern.
4. During the past few years a dominant
matter in all reports has been concern over over-crowding and
its effect on prisons and prisoners in general. Many Boards voiced
their concerns directly to the Minister and through the press.
5. The general concern culminated in the
National Advisory Council of Boards of Visitors carrying out a
national survey to determine the extent of the problem across
the prison estate from the Boards' perspective.
6. The result confirmed that there was a
major problem, a problem so serious, and becoming more serious,
that regimes in most prisons were affected. The National Advisory
Council had already drawn the matter to the attention of the Minister
and expressed their concern.
7. The situation was considered so serious
that the National Advisory Council agreed with the Prison Reform
Trust that the information gathered from the survey should form
the basis for a joint report to highlight the extent of the problem.
This was the first time that the National Advisory Council had
jointly published a national report.
8. Boards highlighted the great difficulties
that the Prison Service was encountering in providing fair and
decent treatment to prisoners and their families. These difficulties
in the opinion of Boards have a major effect on rehabilitation
programmes.
9. Rehabilitation is not the product of
one or two courses but is the result of the overall effect that
the regime portrays to the prisoner. Many prisoners have been
told since childhood that they are useless, stupid, will never
achieve anything and have never been told that they have done
well or been rewarded for any of their efforts. In consequence
they have lost their self-confidence and their will to try to
achieve for fear of again failing. An essential part of rehabilitation
is the inter relationship between those working with prisoners
and the prisoners themselves.
10. Overcrowding and budget cuts resulting
in reduced staffing levels has had a major effect on this vital
process because staff do not have the time to talk to prisoners.
The personal officer programme is not working in many prisons
because of pressures on staff. Over a long period of time counseling
by prison officers has been an important part of the rehabilitation
process they and we regret that it is impaired by the constraints
mentioned above.
11. The retention of contact with the family
is widely regarded as a vital element of rehabilitation. Our experience
has shown that family relationships are put under immense pressure
when a period of imprisonment is imposed. Female prisoners are
particularly vulnerable to the effects of family problems but
in a different way to male prisoners. Their concerns are for the
welfare of the children and the security of the family home. These
concerns inhibit progress in dealing with offending behaviour.
Male prisoners are concerned to retain contact and relationships
with families not least to ensure that they are able to plan a
programme for their release.
12. Overcrowding causes prisoners to be
located wherever there is space. Prisoners are drafted to other
prisons at short notice to fill gaps in order to provide space
for those being sent from the Courts. Under these circumstances
a policy of location in prisons close to home becomes a policy
of location wherever there is space regardless of the interests
of the prisoner.
13. The two major effects of this enforced
action is that family contact is lost because family members are
unable to visit due to the distance involved and the difficulties
of travel. Other prisoners are frustrated because they are attending
rehabilitation courses, many of which are necessary for parole
purposes, and are transferred mid-way through the course to a
prison that does not run that course. Many prisoners perceive
this as the prison service "having a laugh".
14. Two of the subjects most commonly raised
by prisoners in applications to Boards are concerns over their
location and difficulty in arranging visits and concern that their
progress and possibility of parole has been affected by being
transferred whilst taking courses.
15. Segregation units across the country
are filled with prisoners claiming segregation on the grounds
of "own protection". In many cases their real intent
is to try to beat the system and obtain a transfer.
16. Overcrowding is not the only danger
to rehabilitation programmes within prisons. Constant budget pressures
mean that those areas considered soft options are likely to be
affected by the need to save money. Two of these are rehabilitation
programmes and education.
17. Though we believe that every effort
is made to retain basic educational courses, pottery and art classes
are easy prey for those faced with the unenviable task of saving
money from an already tight budget. These latter classes are,
to some, the first opportunity they have had to express themselves
and many show outstanding ability. Their achievements in this
form do much to establish confidence and pride, essential elements
in rehabilitation.
18. Attendance at a reward ceremony in prison
where prisoners are given certificates or other awards for their
work is a very moving experience. Faces wreathed in smiles, body
language showing pride and achievement—the first thing they
have ever received for achieving anything, the first time that
anyone has said well done. It is a major step in rehabilitation.
19. However education suffers from a practice
operated in many prisons. Pay for those on education is frequently
much less than for those engaged in work. This pay differential
discourages many from seeking educational pursuits, preferring
instead to carry out mundane tasks that provide more money for
canteen purchases.
20. Work should serve a dual purpose; to
provide meaningful activity for which payment is received and
particularly in training prisons to teach skills that will provide
employment opportunities upon release. In many prisons there is
insufficient work and overcrowding has meant that many are unable
to work and in consequence spend an unacceptable amount of time
locked in their cells.
21. Learning to work is an important part
of rehabilitation. For many prisoners, for many reasons, it is
a new experience. The major complaint is that in many establishments
the work that is available does not help to fit them for employment
on their release. Filling bags with pot pourri, sewing overalls,
bolting pieces together repeatedly throughout the day is boring,
lacks stimulation and does not give them skills that can be used
after prison.
22. Work available in some prisons is good
and does provide opportunities for prisoners to obtain qualifications.
Courses in fork lift truck driving, bricklaying and painting and
decorating are regarded as useful in fitting prisoners for a life
outside prison. Teaching a young man to become proficient on a
sewing machine probably offers him little opportunity for future
employment.
23. A prisoner's sentence plan will set
out the courses that should be taken. Courses such as anger management,
drug treatment, offender treatment programme, sex offender programme
and alcohol treatment are widely used and are sought after by
prisoners.
24. There are insufficient courses and some
prisons cannot accommodate prisoners on the courses until late
in their sentence. This often causes concern to the prisoner who
knows that he has to complete those courses designated before
his parole application will be given serious consideration.
25. It is difficult to speculate on the
effect of these courses on the rate of re-offending because as
far as we are aware there is no national statistic. The general
conception is that they do contribute to reducing re-offending.
More courses should be available but this will require further
staff resources. Staff resources are already under pressure with
courses likely to be cancelled due to discipline requirements.
26. The greatest problems surround short-term
prisoners, those sentenced to twelve months or less are unlikely
to receive any help and will leave prison without help from a
probation officer on the outside.
27. Short-term prisoners are an embarrassment
to the prison service, they are not in prison long enough for
the service to be able to offer any meaningful help, they are
frequently unemployed, their educational opportunities are at
best limited. Prison is not going to be a helpful experience and
their presence affects the service's ability to help longer-term
prisoners.
28. There is an air of optimism within the
prison service that the new involvement of the National Health
Service will improve the care given to prisoners. The area in
which it is hoped that this will have the greatest effect is in
care for those with mental illness. Without doubt one of the prison
service's greatest problems has been dealing with prisoners with
mental health problems, people who should not be in prison but
are there because society has failed them. Many are there because
there was no alternative but prisons are not equipped to deal
with them or their problems. It is to be hoped that the NHS will
bring the skill and resources to ensure that some positive re-habilitation
work can be done with them.
29. The needs of women and the family would
be better served if the majority of women were held in smaller
establishments where they could have greater access to their family
and keep small children with them. Rehabilitation of women offenders
is often handicapped because of the woman's pre-occupation with
problems outside the prison.
30. There are many schemes being developed
in prisons across the country. Schemes that address prisoners
problems from the day that they enter prison by ensuring that
problems they have left outside are addressed. Problems such as
ensuring that their home is not forfeited because they are not
able to pay the rent.
31. Other prisons are developing schemes
with employers and local services to provide employment opportunities
and deal with problems in the community. These too are proving
effective.
32. There are many individual schemes being
developed across the prison estate and there is a will both nationally
and locally to develop these in the interests of the rehabilitation
of prisoners. The will is too often frustrated through lack of
resources.
33. The cost of keeping someone in prison
is substantial; money spent therefore on seeking to reduce the
likelihood of their returning is a sound investment.
34. To promote rehabilitation it is imperative
that solutions are found these problems:
— Reduce overcrowding so that staff
are able to devote time to prisoners.
— Reducing overcrowding will also enable
prisoners to be better located to help with family contact.
— Do not transfer prisoners whilst
they are involved in courses other than for discipline reasons.
— Increase the number of courses available
and make them available earlier in a prisoner's sentence.
— Develop a national policy to provide
more and better work for prisoners; work which will enable them
to find employment after their sentence has ended.
— Look closely at sending women prisoners
to hostels rather than prisons; hostels that can concentrate on
teaching life skills and give better and more frequent access
to children.
— Develop a scheme involving all community
services that addresses prisoners' problems at the time of the
commencement of the sentence.
— Find an alternative to prison to
those suffering from mental health problems; the prison should
not be a dumping ground for those whose problems mean that they
cannot cope with life in the community.
— Ensure that education is available
in the wider sphere of the arts so that the latent talents of
many prisoners can be exploited.
— Develop schemes with employers to
enable prisoners to be able to do meaningful work that will establish
pride in what they are able to achieve.
November 2003
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