cold; prison staff can be rude or insensitive; property can be lost; there can be delays
in visits or correspondence; and so on. Very often, all that is sought by the prisoner
is the recognition by someone in authority that things have gone wrong and an
apology. Prison officials need to ensure that such complaints are given proper
consideration and that investigations which arise out of them are thorough and
frank. Inadequate investigation of minor but justified complaints often leads to a far
greater level of grievance than that which arose from the original complaint. While
it is often the case that judicial investigation of such complaints will not be merited,
the underlying principle is that prison authorities should not seek to prejudge the
issue and should allow unhindered access to legal advice.
■
Appeals against the content of decisions: Not surprisingly, prisoners are liable
frequently to seek recourse to a more senior authority when the content of an official
response to a request or complaint is not the one they wanted. The same conditions
apply to such appeals as to complaints about poor practice.
■
Appeals against disciplinary findings: The procedure for disciplinary hearings and
punishment was dealt with in chapter 17 of this Manual. Prisoners who feel that the
proper procedures were not followed in their case or who feel that they have been
punished unjustly should have the right of appeal to a higher authority.
PRACTICAL RECOMMENDATIONS
■
It is always better to develop good decision-making procedures than to concentrate
on elaborate mechanisms for managing the consequences of inadequate decisionmaking procedures.
■
At the heart of any system of remedies there must be a desire and a willingness on
the part of all concerned to tackle issues positively.
■
The aim should be to develop a culture which is based on prevention rather than
cure; which seeks to avoid requests becoming complaints and to prevent complaints
developing into deep-seated grievances.
■
If prisoners are given proper reasons for any decision which materially and adversely
affects them there will be fewer complaints and deep-seated grievances.
■
It is inevitable in the coercive environment of a prison that there will be complaints.
These should not be discouraged but should be welcomed as positive contributions
to the discharge of responsibility by the prison authorities.
■
Decision-making processes should be accompanied by effective processes for
hearing appeals, complaints, allegations and grievances against the decisions made
by the prison administration.
■
Requests and complaints should be resolved as close as possible to the point at which
they originate, rather than being passed up the administrative chain.
■
It is always preferable that the group of staff with responsibility for reaching decisions
on complaints be given the opportunity to reconsider or to explain those decisions to
the individuals they affect before any complaint is considered elsewhere.
■
Prisoners should have regular access to senior members of staff who, in turn, should
have the opportunity to satisfy themselves that decisions taken by junior members of
staff are in accordance with the rules and regulations and the spirit of the rules and
regulations.
■
Where prisoners feel that the objectives of senior management are not being
implemented by first-line staff, they should be able to discuss this with senior prison
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