1. PRISON MANAGEMENT PROMISING PRACTICE: IMPROVING ACCESS TO COMPLAINTS THROUGH PRISONER CONSULTATION [1.11] The Prisons and Probation Ombuds Institution (PPO) for England and Wales published a report in May 2015 that addressed the reasons why levels of formal complaints to the PPO from women and young children in custody were lower than expected based on the proportion of the prison population they represented. 56 As a result of the research, the PPO initiated a series of actions to improve access to the complaints mechanism for women and young children, including: – Broadcasting radio advertisements on National Prison Radio (NPR) aimed at dispelling myths about complaints not getting to the PPO and to counter the fear of reprisals. The advertisements explained that prisoners need to go through the internal complaints system first and stressed the PPO’s independence from the prison service; – Following the launch of the radio advertisements, a postcard explaining how to complain to the PPO was included in prisoners’ canteen delivery over a one-week period; – Working with the Independent Monitoring Boards (IMBs) – part of the National Preventive Mechanism (NPM) for England and Wales – to ensure prisoners were better informed about how they can access the PPO. 1 Using focus groups to enquire into prisoners’ experiences with the complaints procedure, the PPO found that lack of trust was the main reason why prisoners did not use the internal complaints system and were not bringing their problems to the PPO. The survey also showed that there was confusion concerning the eligibility criteria for bringing complaints to the PPO and circumstances in which prisoners could make complaints. – An advertisement about the PPO on the 2015 year planner wall chart in the prisoners’ newspaper, Inside Time. Prisoners were able to display the wall chart in their cell throughout the year showing details about the PPO, including eligibility and contact details; and As part of its findings, the PPO also identified a series of learning points for the prison service’s internal complaints system, including the following recommendations: – To redesign the prison complaint forms to make the process clearer and include a receipt section that is given to the prisoner when his or her complaint has been submitted; – To ensure that prison staff deal with problems when they arise, to ensure a quick and efficient resolution that avoids the need for a complaint; – To ensure that all prisoners and prison staff understand the internal complaint system, at what stage complaints can be sent to the PPO, and are informed when complaints reach the PPO; and – To ensure that prison governors/directors monitor the timeliness and quality of replies to internal complaints. 56 What makes a good requests/complaints system? 138 Request and complaint procedures should be designed in a way that best mitigates against the most common barriers to making complaints identified in each jurisdiction. This will be most effective if prisoners themselves have the opportunity to input into how the systems are designed and implemented. 139 Prisoners must be able to make requests and complaints confidentially and without fear of reprisals or other negative consequences. Procedures should also mitigate against the risk of complaints being tampered with or ignored. 140 In order to be effective, mechanisms dealing with requests and complaints must be transparent and non-discriminatory. 141 The UN Special Rapporteur on torture has pointed out that complaint mechanisms must be simple and accessible, including through the installation of telephone hotlines or confidential complaint boxes. The Special Rapporteur has also pointed out that “[t]he threshold for a complaint must be as low as possible, in particular in the context of detention.”57 56. Learning from PPO Investigations: Why do women and young people not complain?, Prison and Probation Ombudsman for England and Wales, March 2015 at www.ppo.gov.uk/wp-content/uploads/2015/03/Why-do-women-and-young-people-in-custody-not-make-formal-complaints_final.pdf. 57. UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Interim report to the General Assembly, 9 August 2013, A/68/295, para. 80. Guidance document on the Nelson Mandela Rules 33