National Preventive Mechanism Tenth Annual Report 2018–19
including at Wellingborough, which is due to
open in 2021.
Despite this investment, the Justice Select
Committee highlighted a large backlog of
major maintenance work in prisons. The
Prisons Minister estimated in August 2018
that the current amount needed for major
maintenance work in public prisons was
£716 million, yet, for the year 2018–19, only
£90 million was allocated towards it. In its
subsequent report, the Committee reiterated
a recommendation made by its predecessor
Committee in 2017 to strengthen the
statutory foundations of the Prison and
Probation Ombudsman and National
Preventive Mechanism.28 The Prison Service
took over HMP Birmingham from G4S
temporarily in August 2018 after an Urgent
Notification issued by HM Inspectorate of
Prisons; on 1 April 2019 it was announced
that this transfer would be permanent.
A High Court Judicial Review hearing
against Sodexo Justice Services and the
Secretary of State for Justice took place
on 4 and 5 July 2018, following five
incidents of unlawful strip-searching at
HMP Peterborough the previous year.29
Sodexo Justice Services admitted systemic
breaches in relation to Prison Service
Instruction 07/2016 and Article 8 of the
European Convention on Human Rights
(ECHR)30, including not having adequately
trained its staff in relation to strip searches.
The Court found that measures put in place
by the Secretary of State to safeguard stripsearching processes were not adequate
and effective to prevent breaches of Article
8 ECHR by Sodexo because they did not
ensure that proper and suitable systems
were in place for training staff on stripsearching. The overuse of strip-searching at
HMP Peterborough had been highlighted by
HMI Prisons in its 2014 and 2017 inspection
reports and the resulting reduction was
then monitored and noted in the 2017–18
report from the IMB at the prison.31
28
House of Commons Justice Committee, April 2019, Prison population 2022: planning for the future sixteenth report of
session 2017-19, https://publications.parliament.uk/pa/cm201719/cmselect/cmjust/483/483.pdf [accessed 04/12/19]
29
LW & Ors v Sodexo Ltd & Anor (Rev 1) [2019] EWHC 367 https://www.bailii.org/ew/cases/EWHC/Admin/2019/367.html
[accessed 04/12/19]
30
Article 8 of the European Convention on Human Rights is the right to respect for private and family life.
31
HMI Prisons, January 2018, Press release: 'Peterborough women's prison – respectful but undermined by deteriorating
safety and concerns over force and strip-searching', https://www.justiceinspectorates.gov.uk/hmiprisons/media/pressreleases/2018/01/peterborough-womens-prison-respectful-but-undermined-by-deteriorating-safety-and-concerns-overforce-and-strip-searching/ [accessed 24/02/20]; Independent Monitoring Board at HMP/YOI Peterborough, August 2018,
Annual Report of the Independent Monitoring Board at HMP/YOI Peterborough for reporting year April 2017–March 2018,
https://s3-eu-west-2.amazonaws.com/imb-prod-storage-1ocod6bqky0vo/uploads/2018/08/Peterborough-2017-18.pdf
[accessed 24/02/20]
20
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