Making a complaint in prison

The complaints system within prisons is the main way you can raise and resolve treatment which you think has been unfair or against the prison rules and instructions.  

The Prisoner Complaints Policy Framework is the main instruction which gives guidance on this. It says that prisoners should know how to make a formal complaint and have ready access to the means to do so.  

Before making a complaint

Before making a complaint, it is worth seeing if you can resolve the problem first.  

• You can speak to officers on your wing to see if they can help.  

• You can also make a request on an application form, which you should find on your wing.  

How to make a complaint

You can make a complaint by completing a complaint form. This is also called a ‘COMP1’ form. On the form you should write down your name and prisoner number, explain your complaint and what you would like to be done about it. 

Completed forms should be posted into locked complaints boxes specifically for the purpose on the wings. 

Both ordinary complaint forms (COMP 1) and appeal forms (COMP 1A) must be made freely available to prisoners on the wing, close to the box in which the completed forms are submitted.  

Complaint forms have a detachable slip. This should be completed and returned to you as soon as possible to confirm that it has been received

What if I have difficulty writing?

The complaints system should be inclusive.

• Prisons must allow you to make a formal complaint in person to a member of staff if needed.
• If you have limited use of English you must be allowed to submit a complaint in your own language, though the prison may require longer to respond to these cases.

When should I get a response to my complaint?

You should receive a response to a complaint within 5 working days.   

If this is genuinely not possible the prison can provide an interim response to explain the reason for the delay and let you know when you should get a full reply. You should be kept informed about the progress of your complaint and receive the full response in a reasonable time. 

More information about time limits can be found in Annex D of the Policy Framework. 

The response

A complaint ‘should be answered by someone who is capable of providing an adequate and meaningful reply and is not the focus of the complaint’.  

Staff are required to use a ‘problem solving approach’ when responding to complaints to ensure they deal with the real problem being raised. This means working out what the cause of the problem is, looking at possible solutions, and then implementing an agreed solution. 

The Policy Framework says that:  

‘Staff must apply ‘balance of probabilities’ as the standard proof to investigate complaints. Deciding that something is proven on a balance of probabilities means that it is more likely than not to have occurred. This requires that a dispute be resolved in favour of the party whose claims are more likely to be true, based on evidence provided.’ 

If your complaint is not upheld you should be given a clear explanation why. 

What can I do if I am unhappy with the response?

Responses should address the issues raised, and should be polite and legible. A clear explanation should be provided for any complaint which is not upheld. 

If you are unhappy with the response to your complaint you can appeal using a      COMP 1A form, which you should do within 7 calendar days of receiving the response.  

You should receive a response to the appeal within 5 working days. It should be from someone more senior than the person who provided the original response. 

Can I take my complaint further after appeal?

If you feel a complaint is still not resolved after appeal, you can ask the Independent Prisoner Complaints Investigations (IPCI) to look at it. IPCI are part of the Prison and Probation Ombudsman (PPO).  

There is more information about how to do this on page 4 and in Annex C of the Prisoner Complaints Policy Framework. 

Can I make a complaint about another prison?

If you would like to make a complaint about a previous prison you were in you can do so by submitting a complaint form at the prison you are currently in. You should not be asked to write to that prison yourself. The Policy Framework states: 

‘The prison where the prisoner is located at the time he or she submits a complaint or appeal is responsible for ensuring that a response is provided within the required timescales. The prison where the prisoner was located when the subject of the complaint occurred will be responsible for providing the actual response to the complaint within the required timescales.’ 

Can I make a complaint in a more private way?

If a complaint is about a particularly sensitive matter, you may wish to submit a confidential access complaint using a COMP 2 form. These forms and envelopes to seal them in should be readily available with the other forms.  

You can address it to the Governor/ Director of the prison, the Prison Group Director (PGD) or the Chair of the local Independent Monitoring Board (IMB).  

We advise using this only when appropriate because otherwise it can be returned to you to use standard complaints system and delay you getting a full response. Read the notes on the COMP 2 form carefully to help you decide if your complaint is suitable. 

Reserved subjects

Complaints about some subjects cannot be considered internally in the prison. These are known as ‘reserved subjects’ and must be sent to the Prison Group Director (or the equivalent for private prisons), or the relevant team at HMPPS for a response.

Reserved Subjects are:

• Allegations against the governor
• Litigation against the Prison Service
• Deportation

You should still use a COMP1 form to complain about a reserved subject. You should expect a reply within 6 weeks.

There is no internal appeal against the response to a complaint about a reserved subject. If you are dissatisfied with the response you received, you should contact the Prison and Probation Ombudsman.

Can use of the complaints system be restricted?

The prison can impose restrictions on the number of complaints you make, such as limiting you to one per day, if you are considered to be abusing the complaint process.  However, the Prisoner Complaints Policy Framework is clear that ‘a prisoner’s right to make a complaint must not be completely withdrawn in any circumstances’.

Complaints about healthcare

If your complaint is to do with health you should speak to the healthcare team in the prison first. Healthcare service should have their own complaints process and be able to give you information on this. This is a separate complaints system to the one used by the prison.

If you are not happy with the response you can submit a complaint to NHS England. You can contact them at:

NHS England

PO Box 16738

Redditch, B97 9PT

Tel 0300 3112 233

You should include the following:

• your name and address
• the name of the service you want to complain about
• a clear description of what you want to complain about and when it happened
• any relevant documents you have

NHS England advise that they need consent to share the complaint with the service so they can investigate it. They suggest you include the following line in order to speed up the process:

“I give permission for my complaint to be shared with (insert name of GP / dental surgery etc.) in order for NHS England to carry out an investigation.”

NHS England aims to respond within 20 working days.

If you are not happy with the response by NHS England you can then ask the Parliamentary and Health Service Ombudsman to look at your complaint.

Write to the ombudsman at

The Parliamentary and Health Service Ombudsman

Millbank Tower

Millbank

London

SW1P 4QP

or call:

0345 015 4033,

8.30am-5.30pm, Monday to Friday

Other people you can contact about your complaint

Your MP

You can write to the MP for your home area.

Make sure you write your home address on your letter to them.

You can ask your MP to pass on your complaint to the Parliamentary and Health Services Ombudsman for them to look at as well.

Your solicitor

Your solicitor can help you with any questions to do with the law.

The Police

You can write to the local police if you think that a crime has been committed. Ask someone called the police liaison officer in prison for the right address to send your letter to.

You can send a petition to the Queen, parliament or your member of European Parliament.

There is more information in Annexes E of Prisoner Complaints Policy Framework.

There is a form in there you can copy to make your petition.

The Criminal Injuries Compensation Authority.

If you have been injured because someone committed a violent crime against you, you can write to this organisation. They work to give people compensation (money) for injuries they get because of violent crime or for some other reasons. You can write to them at:

CICA

Alexander Bain House

Atlantic Quay,

15 York Street,

Glasgow

G2 8JQ

How to write effective complaints

How you write a complaint can make a difference to how effective it is and how likely you are to get a positive response.

• Start with a short introduction to help staff understand what the complaint is about. For example:

“I would like to make a complaint about an incident that occurred on [date].”

“This complaint is about unfair allocation of wing cleaning jobs on F wing, which I believe to be discrimination”.

• Organise your complaint clearly in the order things happened. This helps the person reading the complaint to understand what happened.

For example: “On Monday 5 August, I had an important healthcare appointment at 9.30am but no one came to unlock me. I rang the cell bell to let staff know and an officer told me that someone would collect me soon. But by 11am no one had come and so I missed the appointment.”

• Be specific. Specific details add weight to your complaint and make it easier for the person reviewing the complaint to investigate.
  • Say when and where an incident happened and who was involved.
  • Avoid vague statements such as “the officer was rude to me”, and instead report what they actually said to the best of your memory.

• Refer to any evidence you would like them to check.
  • Say if someone else saw what happened or if there are any documents that are relevant.
  • If you think there might be CCTV or Body Worn Video Camera (BWVC) evidence, ask them to retain this.

• Keep complaints separate – mixing two or more things at once will cause confusion and make it more difficult to investigate and respond.
• Tone and language
  • Avoid using offensive or aggressive language.
  • Try not to be unnecessarily personal about members of staff – focus on what they said or did that you think was unfair or unprofessional rather than making statements about their character.
  • Even if you are frustrated, keeping the tone calm and focused on resolving the issue

For example, instead of saying “the officers are completely incompetent” you could say:

“I believe that officers involved did not follow proper procedure or policy, and this led to unfair treatment.”

• Explain what impact the issue has had on you. For example, if it has affected things like your physical or mental well-being, your opportunities in prison, or your safety.
• Be clear about what you want to happen to resolve the complaint. You can explain this in the ‘What you want done about your complaint’ section of a COMP1 form. Try to be realistic and reasonable in your suggestions.

If you have difficulty writing a complaint due to disability, literacy or learning difficulties or because English is not your first language, prisons should ensure you are given the necessary support needed to make a complaint. Speak to staff about what support is available or ask to speak to the equalities lead.

CCTV and BWVC evidence

If CCTV or Body Worn Video Camera evidence is important to your complaint, you should request that it is retained as soon as possible.

Data Protection law does not set any minimum or maximum retention periods for video footage to be kept.

The Use of CCTV Policy Framework advises that prisons should not retain CCTV beyond 30 calendar days unless there is a good reason to so.

This does not mean that prisons will always keep CCTV footage for as long as 30 days. Some CCTV systems do not have enough storage to do this and overwrite old footage sooner. This is why you should make such requests as soon as possible.

The Body Worn Video Cameras (BWVC) Policy Framework  says that BWVC footage is usually stored for a period of up to 90 days. After this it is automatically deleted unless staff have acted to keep it.

There is more information in the Use of CCTV Policy Framework and Body Worn Video Cameras (BWVC) Policy Framework about use of video footage and reasons for retaining it.