Appointment of HM Chief Inspector of Prisons: matters of concern - Justice Contents


Appendix 2


Letter to Rt Hon Sir Alan Beith MP, Chair of the Justice Select Committee, from Rt Hon Chris Grayling MP, Secretary of State for Justice, 17 December 2014

Recruitment of HM Chief Inspector of Prisons

As you know, I am responsible for Her Majesty's Chief Inspector of Prisons for England and Wales, an appointment that is subject to pre-appointment scrutiny. I am writing to you to inform you of our plans to recruit a new Chief Inspector. I have also written to David Ford, the Northern Ireland Justice Minister and Kenny MacAskill, the Cabinet Secretary for Justice in Scotland.

This is a Royal appointment established by the Criminal Justice Act 1982, as an amendment to the Prison Act 1952. The appointment is regulated by the Commissioner for Public Appointments.

The Inspectorate is an independent body which advises the Government on conditions for, and treatment of, those in prison, young offender institutions, Secure Training Centres, immigration detention facilities, police and court custody suites, customs facilities and military detention. It provides independent scrutiny of the conditions for, and the treatment of, prisoners and other detainees promoting the concept of "healthy establishments" in which staff work effectively to support prisoners and detainees to reduce reoffending and achieve positive outcomes for those detained and for the public.

The Chief Inspector has a statutory duty to report to the Secretary of State on conditions in prisons and the treatment of prisoners in England and Wales. This includes men's and women's adult prisons in both the public and private sectors and young offender institutions. The Immigration, Asylum and Nationality Act 2006 extended the Chief Inspector's remit to all forms of immigration detention throughout the UK. The Police and Justice Act 2006 gave the Chief Inspector the statutory duty to co-operate with other inspectorates in the criminal justice sector and other specified bodies. Under these provisions, the Chief Inspector jointly inspects police and customs custody facilities with Her Majesty's Inspectorate of Constabulary.

Other powers enable the Chief Inspector to inspect court custody, Secure Training Centres jointly with Ofsted and prisons in Northern Ireland at the invitation of the Criminal Justice Chief Inspector for Northern Ireland. By invitation, they may conduct inspections outside the United Kingdom and in other detention settings.

The Chief Inspector is responsible for determining how the work of the Inspectorate can best be organised to provide sufficient coverage of all places of detention within a reasonable cycle, while ensuring that focus on developing or acute areas of concern is not lost. The Chief Inspector develops this inspection framework and programme in consultation with the Secretary of State and others specified by statute. They then lead teams of inspectors, research and support staff in carrying out this work.

Currently the majority of inspections are full and unannounced, assessing progress made since previous inspections and undertaking in-depth analysis. Inspections currently total about 100 a year. Prisons are inspected at least once every five years but on average every two to three years. Other types of custodial sectors have different inspection cycles. Inspectors have unrestricted access to prisoners, staff, records and all areas of an establishment during an inspection. Thematic reviews of service wide issues are also carried out. All reports are published at the Chief Inspector's discretion.

The Chief Inspector works with other Inspectorates to deliver joint programmes and minimise inspection burdens. In relation to inspection of places of custody, they work in partnership with Ofsted, the Care Quality Commission and their equivalents in Wales and Northern Ireland, under agreed Protocols. The Chief Inspector also works closely with the Chief Inspectors of the other three Criminal Justice Inspectorates to deliver an enhanced programme of joint inspection of the criminal justice system, agreed with Ministers, examining end to end processes that span two or more of the criminal justice agencies. Previous joint inspections in which the Inspectorate has been involved have included life sentence prisoners, restorative justice and transition from youth to adult services.

The Chief Inspector also leads on coordinating for the National Preventive Mechanism (NPM) required under the Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The NPM has to ensure independent and regular inspection of all places of detention. The Inspectorate has a track record in assisting inspections in overseas jurisdictions ranging from Albania, to Jamaica. At the request of the Foreign and Commonwealth Office, the Chief Inspector has been engaged in a major project to develop an independent prisons inspectorate in Bahrain.

The Chief Inspector is responsible for:

·  Developing and publishing a robust, rigorous and fully consulted inspection methodology and standards against which prisons, immigration detention facilities and other places of custody are inspected;

·  Delivery of an inspection programme to assess the extent to which prisons immigration detention facilities and other places of custody are meeting those standards and also examining particular themes across the prison and immigration detention estate;

·  Production of inspection reports including findings and recommendations;

·  Providing clear and visible leadership to a team of about 70 full-time and associate staff and manage a tight budget against competing priorities;

·  Building effective working partnerships with inspectorates and agencies to support well-rounded, informed inspection of prisons, immigration detention, and other places of custody and the coherence of the criminal justice system;

·  Coordinating the UK's National Preventive Mechanism under OPCAT.

Candidates will be able to demonstrate the following essential criteria:

·  Ability to lead a multi—disciplinary team, including professional staff, at the highest level;

·  A successful track record in managing and leading a complex organisation, driving continuous improvement in a challenging environment. Strong organisational skills and positive evidence of successfully managing limited resources and evaluating competing priorities;

·  Ability to carry out a demanding workload in a challenging environment, and be at ease with a variety of stakeholders including prisoners, prison staff, senior managers and politicians;

·  Highly developed inter-personal and communication skills, including evidence of using a variety of communication methods and a proven ability to handle the media, along with the ability to build and maintain successful working relationships and partnerships and to deliver difficult and challenging messages;

·  An ability to process and interpret complex information and to offer well-developed analytical reasoning skills and grounded judgment based on evidence.

The following criteria although not essential will be taken into account by the selection panel;

·  Strong understanding of the penal system and the broad reforms to the criminal justice landscape including the current transformation of offender management services.

The proposed Selection panel for this competition:

·  Dame Anne Pringle, the selection panel chair nominated by the Commissioner for Public Appointments;

·  Antonia Romeo, Ministry of Justice Director General, Criminal Justice;

·  Lord Henley as the independent member of the selection panel;

·  Amanda Sater, a member of the Youth Justice Board and as the second independent member of the panel.

The advert and candidate information packs for this campaign will make clear that applications are particularly welcome from under represented groups.

Subject to receiving Select Committee and devolved government comments the intention is to advertise during January 2015, sift and interview in February and put the name of the preferred candidate to the Select Committee in March.

I would like to see the advertising start in early January, and would therefore be grateful if you could provide a response early in the New Year.


 
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