Prisons and Probation Ombudsman
This page contains information about the Prisons and Probation Ombudsman (PPO), including:
What it does
Advantages and disadvantages
Which complaints are eligible?
Cost
Timescale
Procedure
Outcomes
What it does
The Prisons and Probation Ombudsman (PPO) investigates complaints about the Prison Service and National Probation Service in England and Wales. He is also responsible for investigations into the deaths of prisoners, and of residents of probation hostels and immigration detention centres.
Complaints about the Scottish Prison Service are dealt with by the Scottish Prisons Complaints Commission.
The PPO operates independently but is overseen by the Home Office. In addition to handling complaints and investigating deaths in custody, he can be asked by the Secretary of State to conduct inquiries into other incidents.
Note: Where more than one ombudsman has overlapping jurisdiction, it is not always clear where to take a complaint. For example, complaints about the Prison Service can go to the Parliamentary Ombudsman as well as to the PPO. The PPO operates on a non-statutory basis at present (although this may change) and he is within the Parliamentary Ombudsman's jurisdiction. This means that you can go to the Parliamentary Ombudsman if you are dissatisfied with the outcome of the PPO investigation.
The PPO can consider whether a decision or action was fair and also whether it followed proper procedure. The Parliamentary Ombudsman, on the other hand, can only look at how a decision was made and cannot consider the actual decision itself.
From April 2004 most complaints about prisoners' health care can go to the Health Service Ombudsman.
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Advantages
- it operates independently of the Prison, Probation and Asylum Services
- it is free
- it may be possible to get compensation for loss
Disadvantages
- you have to make a complaint using the local procedure first
- the ombudsman can only make recommendations and cannot force the Prison, Probation or Asylum Services to comply with them
It is important to remember that the ombudsman is expected to act impartially and will not act as an advocate for individuals to enforce their rights.
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Which complaints are eligible?
The ombudsman can consider complaints about the actions (and failures to act) of prison officers and those working in probation. The vast majority of complaints relate to the Prison Service.
Among the types of complaints the PPO can consider are:
- prisoners' lost or damaged property
- prison discipline
- racial harassment
- transfer and allocation decisions
- communications
- provision of information
- hostel accommodation
- treatment of people detained in immigration removal centres
In 2007-08 the four most common prison complaints related to general conditions, property and cash, race and pre-release procedures. In his annual report the ombudsman gives case studies about common types of complaint, the kind of issues he can take on, and the results of some of his investigations.
Complaints must first go through the Prison, Probation or Immigration internal complaints procedure. Guidance on making a complaint and appealing a decision by the internal procedure is available from the Prisons and Probation Ombudsman website. Complaints must be brought to the ombudsman within one month of getting a result from the internal procedure. If you don't get a reply within six weeks, you can go to the ombudsman anyway.
The ombudsman can accept complaints from:
- prisoners (both those on remand and those serving a prison sentence)
- ex-prisoners
- people doing community service
- people on parole or licence
- people who have had a report written about them by a probation officer
- people housed in probation-approved accommodation
- detainees held in an immigration removal centre
The ombudsman cannot consider complaints about parole decisions.
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Cost
The scheme is free to complainants.
Legal Aid is available for eligible clients for help in preparing a complaint.
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Timescale
Complainants should be informed whether their complaint has been accepted or not within ten days. The PPO aims to deal with all complaints within twelve weeks, but backlogs can occur, causing delays.
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Procedure
Complaints should normally be sent to the ombudsman in writing; a form is available from the PPO, but you can just write in with your complaint if you prefer. You can also phone the PPO office to make your complaint: the phone number is on the PPO website. There is a link at the bottom of this page.
If you are in prison, the prison service should pay the postage. The document should be marked 'Confidential Access'.
The PPO should let you know within ten days whether or not they can take on the complaint. If the complaint cannot be accepted, you will be told why.
The PPO uses a range of methods for dealing with complaints.
- A local resolution: once a complaint is accepted, the PPO will first attempt to find a solution that both parties can agree to
- A brief report or letter: this is a quick approach to resolving the matter when both parties cannot agree on a local resolution
- A full report: some complaints require a more detailed investigation and a full report
In carrying out an investigation, the PPO staff might decide to visit a prison or probation premises and to interview complainants and staff.
When a complaint has been investigated, the ombudsman sends a draft report to the Director General of the Prison Service or to the Chair of the area Probation Board to allow the service to raise any issues of inaccuracy or to identify sensitive material that should not be disclosed publicly.
Copies of the final report and recommendations are sent to the complainant and the relevant service.
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Outcomes
In 2007-08, the PPO received 4,750 complaints and investigated 1,673, of which 26% were upheld. A small percentage of cases, 132, were mediated settlements.
Among the remedies that he can recommend are:
- reconsideration of a decision (for example a transfer request)
- an apology
- quashing a disciplinary punishment or finding of guilt
- compensation for loss or damage
- changes in policy or procedure
The recommendations are not binding and can be rejected by the relevant service. Very few services do reject the ombudsman's findings, but there have sometimes been problems of delay in acting on the recommendations.
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Revised July 2009
