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REPORT

BY

INDEPENDENT MONITORING BOARD

OF

HER MAJESTY’S PRISON

AND YOUNG OFFENDER INSTITUTION

FOSTON HALL

1ST DECEMBER 2013 to 30TH NOVEMBER 2014

Section 1

STATUTORY ROLE OF

THE INDEPENDENT MONITORING BOARD

1.1 The Prisons Act 1952 and the Immigration and Asylum Act 1999 require every prison and IRC to be monitored by an independent Board appointed by the Secretary of State for Justice from members of the community in which the prison or centre is situated.

1.2 The Board is specifically charged to:-

a) Satisfy itself as to the humane and just treatment of those held in custody within its prison and the range and adequacy of the programmes preparing them for release,

b) Inform promptly the Secretary of State or any official to whom authority has been delegated, as it judges appropriate, any concerns it has,

c) Report annually to the Secretary of State on how well the prison has met the standards and requirements placed on it and what impact these have on those in its custody.

1.3 To enable the Board to carry out these duties effectively its members have the

right of access to every prisoner and most parts of the prison and also to the

prison’s records.

Section 2

|CONTENTS |

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|SECTION 1 | | |

|STATUTORY ROLE OF THE INDEPENDENT MONITORING BOARD | |2 |

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|SECTION 2 | | |

|CONTENTS | |3 |

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|SECTION 3 | | |

|DESCRIPTION OF THE PRISON | |4 |

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|SECTION 4 | | |

|EXECUTIVE SUMMARY | | |

|OPERATIONAL MATTERS | | |

|PREVIOUS YEARS CONCERNS | | |

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|SECTION 5 | | |

|EQUALITY AND INCLUSION | | |

|EDUCATION, LEARNING AND SKILLS | | |

|PURPOSEFUL ACTIVITY | | |

|HEALTHCARE AND MENTAL HEALTH | | |

|RESETTLEMENT | | |

|SAFER CUSTODY | | |

|SEGREGATION, CARE AND SEPARATION | | |

|RESIDENTIAL SERVICES | | |

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|SECTION 6 | | |

|OTHER AREAS OF THE PRISON REGIME ON WHICH | | |

|THE BOARD HAS ISSUES TO REPORT | | |

|SUPPORT | | |

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|SECTION 7 | | |

|BOARD STATISTICS | | |

|APPLICATIONS | | |

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|SECTION 8 | | |

|GLOSSARY | | |

Section 3

3.0 DESCRIPTION OF THE PRISON

3.1 Foston Hall re-rolled as a closed women’s prison and young offender institution in 1997. It has an Operation Capacity of 310, and a CNA of 304 accommodating both remand and sentenced prisoners. The main prison is located in the mansion and in ready to use units, and there is an assessment unit and induction unit (C wing) in their own shared compound within the grounds. An enhanced unit (T wing) in its own compound closed during this year for modification to accommodate an increased population. Wings A,B,C and F are separate two-storey ready to use wooden buildings, with mostly single occupancy cells and a small number of double occupancy cells. E wing, for enhanced status prisoners, is located on two upper floors in the mansion in single and shared occupancy rooms. D wing for short term prisoners is in a two-storey building, with no single cells, and a number sharing up to five to a cell. Adjacent to D wing is the segregation unit, and a joined but separate annex to D wing for vulnerable prisoners requiring close observation to keep them safe, or requiring time out of normal location.

3.2 Health provision is commissioned by Derbyshire Clinical Commissioning Group and provided by Derbyshire Health United. Mental health provision is provided by Derbyshire Foundation NHS Trust. The healthcare team and mental health In-Reach team work together closely and are members of regular multidisciplinary meetings in the establishment.

3.3 Milton Keynes College is the provider of Learning and Skills, in the main prison and assessment centre.

3.4 The Derbyshire, Nottinghamshire and Leicestershire Community Rehabilitation Company provides offender management staff who prepare OASys assessments and sentence plans, and undertake Home Detention Curfew (HDC) and Release On Temporary Licence (ROTL) assessments on adult sentenced prisoners serving more than 12 months, and young offenders. Community based probation staff deliver offending behaviour programmes in the establishment.

3.5 The Prison works with a number of statutory, voluntary and third sector organisations

Spurgeons Sister Project

Women In Prison

The Chrysalis Programme, prisoners are referred to the course from

the Women In Prisons REACH programme

Prison Advice and Care Trust, (PACT).

Anawim, undertake prison in-reach to the three main prisons which accommodate women from the Birmingham area, including HMP Foston Hall

Citizens Advice

SPODA (Families, Carers and Partners of those affected by substance abuse ) offer support to prisoners families but no longer come into the prison on a regular basis, the support they offer is via the Substance Misuse Service (SMS) team.

Samaritans each wing has a Samaritans phone¸ (see Safer Custody section)

National Careers Service

Job Centre Plus

Section 4

4.0 EXECUTIVE SUMMARY

4.1 The IMB continues to believe that HMP and YOI Foston Hall is a well run establishment with dedicated staff at all levels endeavouring to provide a fair and decent service to prisoners in a challenging environment. The Board is pleased that this year has been marked by greater stability within the management team after a period of considerable change.

4.2 The Board has noted many positive practices and developments throughout the year including the following examples:-

• the start of the much needed CAMEO programme for prisoners with severe personality disorders

• highly skilful and professional responses in the face of extreme behaviours and situations in the segregation unit.

• the considerable progress in relation to the resettlement pathways

• innovative developments in relation to purposeful activity for prisoners, including:- the Apple workshop generating income from local contracts

Fosta Coffee, a staff canteen employing 3 prisoners

expansion of the recycling enterprise

the RSPCA animal fostering service employing 4 prisoners

establishment of the Donated Prison Attire (DPA) stores, providing clothing for prisoners and work for two prisoners.

4.3 The Board's main concerns this year are:-

Policy matters

4.3.1 Delays in the transfer of seriously-mentally ill prisoners to hospital with detrimental effects for the prisoner and the prison. (reference 5.4.12 )

4.3.2 The sudden release of  mentally-ill prisoners on the dropping of court charges without apparent effective duty of care by the prison. (reference 5.4.13 )

Operational matters

4.3.3 The unacceptably low quality of D Wing accommodation, which is overcrowded, unhygienic and degrading. This longstanding issue has not been adequately progressed despite some refurbishment work. (Reference 5.8.1 )*

4.3.4 The high number of prisoner complaints about Healthcare compounded by a lack of co-operation and transparency from Healthcare in responding to general and specific concerns. The Board notes that recently there has been much greater engagement with the concerns it has raised and is concerned to see that this is sustained into the future. (Reference 5.4.1 ) *

4.3.5 The absence of trained mental health care to respond to emergencies in evenings and weekends meaning that such occurrences have to be dealt with by wing staff or segregation. (Reference 5.4.5 ) *

4.3.6 Constraints on dispensing medication. The latest time for dispensing is 17.30 which is unsuitable for night medication with negative implications for physical and particularly mental health. (Reference 5.4.6 )*

4.3.7 Whilst the year has seen some very positive developments the Board considers there is scope to broaden the range of vocational training opportunities, for example to courses such as routine mechanics, general home maintenance, plumbing, painting and decorating. . ( Ref 5.3.6 )

4.3.8 The Listener scheme is once again under pressure with a shortage of trained volunteers meaning the scheme has to be suspended at times. (Ref 5.6.5 ) *

4.3.9 Delays in the administration of Home Detention Curfew (HDC) (Ref 6.3)

* Raised in previous years' reports.

4.4 Previous Years' Concerns - excluding those which are mentioned above. Updated comments in italics:-

4.4.1 The use of the segregation unit as a place of respite. The Senior management team has made progress in developing a broader range of approaches to managing women with mental health concerns including strategies to keep more unwell prisoners on normal residential units. Two cells previously in the segregation unit have been formed into a wing annex and dedicated for use as safer cells. The clear demarcation from segregation is welcomed by the Board, but the limitations imposed by the physical environment are recognised.

4.4.2 Significant delays in the distribution of prisoners’ mail. This remained an acute issue in the early part of the year but subsequently the number of complaints reduced considerably.

4.4.3 Issues in the recruitment of Healthcare nursing staff resulting in the use of agency/bank staff lacking experience in working in a secure environment with an adverse impact on the provision of health care. The Board is pleased to note that staffing has improved with the employment of highly trained Nurse Practitioners working 6 days a week, sharing prescribing with the GP and managing drug detoxification and treatment. Concerns remain about the relatively high level of bank staff lacking experience in working in a secure environment but notes that all are interviewed for their position in the prison setting

4.4.4 Provision for prisoners with serious personality disorders. The Board is pleased that the specialist CAMEO unit providing a regional resource for women with personality disorders is now operating.

4.4.5 The Board remains concerned that there are no structured treatment programmes or interventions for women sex offenders at HMP Foston Hall. This issue has been raised in Board reports since 2008/2009. The Board was pleased to learn of the specialist tools developed centrally for the assessing and working with female sex offenders on a one to one basis. . The Board is pleased to note that a pool of staff comprising Probation Officers, Probation Service Officers and Psychologists were trained over 2 days in the delivery of the Women Sex Offenders framework and local peer supervision arrangements put in place. There are currently 6 convicted women sex offenders at HMP Foston Hall, and all the eligible prisoners are engaged in this intervention. This is no longer a concern.

4.5.6 The absence of a drug treatment offending behaviour programme for prisoners. The Board notes the contract with Phoenix Futures, Derbyshire Healthcare Foundation Trust and SPODA to address substance misuse. This is no longer a concern.

4.5.7 The Board remains concerned about the limited number of offending behaviour programme places (a target of 44 completions per year for CARE and TSP ) but also recognises that, due to the strict eligibility criteria, there is sometimes a challenge to recruit sufficient candidates. The Board is concerned that this valuable resource is maximised and is supported by ensuring the right prisoners are in the right establishment to access the programmes.

4.5.8 There was acute pressure on the chaplaincy team due to sickness absence and resignation, and reorganisation of services, which could adversely affect prisoner access

The Board was pleased to see the appointment of a new full time Coordinating Chaplain and is aware that a business case has been submitted for a further increase in staff resources. The Board remains concerned about pressures on the team and the risks this poses in terms of providing the full range of pastoral care services that are required. (5.1.8.)

4.5.9 The Board has continued to observe some difficulties for foreign national prisoners related to language, for example the time taken for correspondence to be translated. The Board is aware of the Applied Language Solutions contract but has some concerns that its use can be time consuming for staff with many other demands. Since the last report, arrangements for staff ,prisoner and IMB access to accredited translation and interpreting services have been clarified and publicised, and this is facilitated by the Chaplaincy Team and the Equalities Officer through an interpreter conference call. This is no longer a concern.

4.5.10 Continuing gaps in resettlement provision - The Board notes the progress being made in this area (Ref 5.5.1). This is no longer a concern.

4.5.11 As in previous years issues have been raised with the Board about the size of food portions but these are not frequent. Overall the Board has been satisfied with the quality of food provided. Issues raised with the board about provision for those on special diets or pregnant have raised questions about the scope for more effective liaison between Healthcare and the Catering Dept. Latterly there have been concerns about the standard of food which appear to be related to staff shortages due to sickness and temporary staff and poor attitude and enthusiasm on the part of prisoners allocated to the kitchen.

Section 5

5.1 EQUALITY AND INCLUSION

5.1.1 Since the last Annual Report, the Board is pleased to see that significant progress has been made in this area. Designated lead managers for each of the nine protective equality characteristics are in place and their names are publicised to both staff and prisoners. An Equalities Action Team, chaired by the governing Governor, meets bi monthly, overseeing an Action Plan. Prisoner wing reps are invited to attend and report issues raised by prisoners into the Equality Action Team. There is regular scrutiny of data from the Equality Monitoring Tool, for example, complaints, adjudication and segregation data segmented by protective characteristic to determine trends and issues.

5.1.2 The race and ethnic profile of the prison at the time of reporting is 79% White, 4.8% Black British/ Caribbean, 3.7% Mixed White and Asian or Caribbean, 3% Asian British / Indian, 2.6% Asian British Pakistani, and less than 1% from other groups.

5.1.3 Work is underway to develop a foreign national policy and strategy. Meanwhile the Board is pleased to see the promotion of a telephone based translation / interpreter service, extended to all staff and IMB members , and accessed via the Duty Governor or Chaplaincy service when needed.

5.1.4 At the time of reporting, there are 3 prisoners who have undergone gender reassignment, one of whom has a long history of self harm. No other issues have been raised with the IMB from this group. Regarding disability, 69 prisoners have disclosed a disability upon reception, and 20 have disclosed more than one disability.

5.1.5.The Equality Action Team has a detailed and broad ranging agenda, across all the equality strands.

5.1.6 Work is being progressed as follows : positive action to manage the needs of pregnant and post-pregnant women, addressing language barriers and dyslexia, raising awareness about domestic violence and supporting victims in the population, supporting Foreign National Prisoners to access fully all aspects of the regime, catering for different faith needs, seeking the views of older prisoners with a view to meeting needs, monitoring the special needs of gender reassigned prisoners, and offering additional support to lesbian prisoners. This is illustrative of current equality priorities.

5.1.7 The faith profile is 36% no religion,20% Anglican,15% Roman Catholic, 11% Christian, 7% Muslim, 2% Buddhist, and less than 1% representation from other faith groups.

5.1.8 At the time of the last Annual Report, the Board expressed concern about pressures on the Chaplaincy team arising from long term sickness, and the absence of a coordinating Chaplain. The Board was pleased to see the appointment of a new full time managing Chaplain, to oversee the team comprising several sessional chaplains . However, the Board is aware that it has been recognised that the current level of resourcing carries risks of non compliance with Prison Service pastoral care requirements, and notes that a business case has been submitted for an increase in resources. The Board therefore remains concerned about pressures on the team and is supportive of action being taken to increase staffing levels.

5.1.9. The Board received only 6 applications specifically related to equality issues in the reporting year, too few to draw any meaningful conclusions.

5.2 EDUCATION, LEARNING AND SKILLS

5.2.1 Education continues to be provided by Milton Keynes College which employs 4 full time qualified teachers, 1 full time student support worker and 10 session qualified teachers. There are 6 classrooms each accommodating 8 students and one IT room for 10. Education is deemed as work and is paid as such.

5.2.2. Upon admission each prisoner is assessed for her skills in literacy, numeracy and IT. Each prisoner is expected to attend courses to raise her skills in these 3 subjects to level 1 (GCSE D-G). An increasing number of younger prisoners is entering the prison below level 1.

5.2.3 Upon admission each prisoner undertakes a Health & Safety at Work course and a Food Hygiene course both of which are relevant to many jobs within the prison and in the community outside. Prisoners subject to lengthy sentences are expected to study the 3 basic subjects to level 2 (GCSE A-C). 24 months before release they are prepared for their chosen occupation post prison.

5.2.4 The Skills Funding Agency funds courses up to level 2 but not beyond. The SFA only funds a course in full if the prisoner passes. Therefore the education department has a HOLD list of prisoners whom it requests not to be moved elsewhere until her course is finished. The prison is not always able to comply with a HOLD request.

5.2.5 About 10 women follow courses above L2. These are funded jointly by the prison (10%), the woman (what she can afford) and the Prisoner Education Trust or Women in Prison. A grant from the PET can fund an access course for the OU and prisoners are able to apply for student loans for degree courses.

5.2.6 Toe by Toe, funded by the Shannon Trust, provides a peer mentoring service for women who cannot read. There are 6 mentors each of whom supports one learner. This structured programme is free to prisoners and is overseen by an officer. 20 minutes learning is provided each day for 7 days per week. Throughout certificates are issued for encouragement. 55 sessions were held in August but this had risen to 111 by November.

5.2.7 A student support worker has been appointed who recruits prisoners to courses and attends prisoner sentence planning boards.

5.2.8 Other courses offered are: Customer service, Beauty, Hairdressing, Catering theory, Parenting skills, Step Forward, ESOL, Textiles, Art, Industrial cleaning, Retail, ITQ.

5.2.9 On a typical day 135 places would be allocated, 65 in the morning and 70 in the afternoon. The attendance rate would typically be 85%. 71% of prisoners who commenced a course completed it and achieved it out of a maximum possible of 85% (e.g. prisoners who are released or transferred could not possibly complete a course). The retention rate has been 97%.

5.2.10 A random survey of 30 sentenced prisoners showed that:-

• only 65% remembered having attended the H&S and Food Hygiene courses;

• 85% have attended and finished other courses;

• 75% had been helped in getting on to the right courses and felt that their educational needs were being met.

• 50% felt that the educational provision was good or very good.

• 50% felt that the educational provision should be better and

• 50% reported that classes had been missed or interrupted for institutional reasons e.g. to receive medications, health care or because no teacher attended.

• Too much use has to be made of supply teachers.

• Anecdotal comments report that prisoners do not receive the certificates they have earned.

5.2.10 Personal and Social Development (PSD) courses are no longer funded by the Skills Funding Agency, so courses such as Interpersonal Skills, Behaviour change & Victim Awareness, and Peer Mentoring can no longer be provided. Industrial Cleaning Level 1 is also no longer funded but Foston Hall will continue to deliver it at Level 2, it being a very useful qualification for employment.

5.2.11 The library consists of two large rooms with about 3,000 books and about 800 CDs. Prisoners may spend at least 30 minutes in the library per week. Further volumes can be ordered from Derbyshire County Library. The library has suffered from staff shortage of up to 2 out of 3 members for parts of the year. One vacancy has persisted for years due to difficulties in recruitment and then in retention. This has inevitably led to some closures of the library. Access to the library is described by HMIP as inadequate. Approximately 40 women would borrow on a typical day but there is no electronic system for loans. The library supports the Toe by Toe programme.

5.2.12 Prisoners sentenced for 3 months or more may participate in Story Book Mums which enables her to record her reading a book on to CD with a personal message which is then sent to her children. About 200 women take advantage of this during a year.

5.2 13 The Ofsted report November 2014 found that education at Foston hall requires improvement. “Leadership and management of learning and skills was weak, but positive steps are being taken to improve it….The quality of provision was mixed and success rates were variable. Access to the library and gym was inadequate.”

5.3 PURPOSEFUL ACTIVITY

5.3.1 All prisoners are encouraged and expected to engage in activities that are likely to benefit them and replicate the daily routine of work and activity in the community. Failure of convicted prisoners to engage in purposeful activity can effect IEP status. The introduction of the "Pathway to progress" initiative has put a focus on prisoners having a career goal.

5.3.2 Providing sufficient work places for all prisoners is seen as a priority. HMP Foston has 188 job opportunities with 172 of these filled. Currently 88% of the 310 total population is in some form of purposeful activity with the remainder being unable, retired or unwilling remand prisoners.

5.3.3 There is a weekly "labour board" to allocate unemployed prisoners to work attended by representatives from education, security and healthcare, and a careers officer. Its operation has been observed and the IMB is satisfied that the attention given to security, aptitude, health, disability, and age is appropriate. Where possible allocation is linked to opportunities to develop skills and gain qualifications of value in the community. The Board is pleased that co-ordination between the management of purposeful activity and sentence planning is progressing. Education, offending behaviour and resettlement programmes/interventions are seen as priorities.

5.3.4 Prisoner wages vary by activity which penalises some roles, especially education. The Board is pleased that the pay policy is being reviewed to ensure that it motivates learning and does not disadvantage those on education.

5.3.5 Vocational training provides opportunities to gain City & Guilds and NVQ level in horticulture, hairdressing & beauty, catering, recycling, textiles and waste management. Fifty training places are available but uptake is dependent on population management and is an area of concern but generally out of the control of the establishment. A recent discussion with 10 prisoners indicated a need for more "hands on" practical courses such as routine mechanics, general home maintenance, plumbing, painting and decorating

5.3.6 Employment on wings includes working on the servery, cleaning, laundry, litter picking etc. Prison orderly positions are responsible and popular positions relating to many key areas, including new prisoner induction, housekeeping, library, safer custody, gym, first night mentors, retreat and healthcare. The Board is pleased the orderly role is expanding and considered a priority in promoting prisoner confidence and responsibility. Particular success is noted with the visitor reception orderly roles.

5.3.7 Contracted work is in its infancy at Foston but progress has been made, for example 25 prisoners make poppies and regalia for the British Legion. The Board welcomes the innovation of the income generating contract being established with a local employer "Apple Finishing ". The work involves various skills and is performed under close supervision which gives prisoners who are disruptive, high risk or have security issues the opportunity to participate in work experience. A qualification in warehouse storage is available. Unfortunately the work is spasmodic but the Board notes that acquiring more sustainable work is viewed as a priority.

5.3.8 The Board has been pleased to note other innovative developments which include:-

• the launching of "Fosta Coffee" a staff canteen, providing customer service training for three prisoners.

• the RSPCA animal fostering service, which employs 4 prisoners is an asset in maintaining a calm environment for some prisoners. Unfortunately no qualifications are linked to this work.

• the opening of a visits tuck shop with 2 work places.

• expansion of recycling, including making food waste into compost and recycling redundant office furniture.

• the Donated Prison Attire (DPA) stores which provide suitable clothing for prisoners has created two prisoner work places.

5.3.9 The Board is assured that the cancellation of work and education is less frequent and linked to factors such as staff illness, adverse weather conditions and lock downs. The Board can find no statistics to confirm actual cancellations of work or education during 2014. Prisoners are paid where a cancellation occurs and their non involvement acknowledged. The Board is pleased that the issue of interruptions of work and education due to appointments with In Reach and health Care has been largely resolved by a system that requires prisoners to attend work before/after such appointments. Giving out medication to prisoners is still a problem but this should improve with the in cell medication possession system being introduced in early 2015.

5.3.10 Prisoners are given the opportunity to use their skills for the benefit of other women with examples in IT support, drug treatment and hair & beauty.

5.3.11 Healthy living and fitness advice is available to all prisoners and there is a briefing on facilities and fitness courses in induction. Healthcare must declare prisoners fit to attend before any course is made available. The gym is well equipped and provides a range of courses. Take up regularly exceeds 40% of the prison population.

5.3.12 A careers officer offers support and advice at the start of a prisoner's sentence and if required can assist in areas such as CV preparation, job application and local market information. A pre release meeting is planned but is dependent on a prisoner's willingness to engage. Advice is available to prisoners wishing to become self employed upon release with guidance and support from a careers officer on further training and grants available. The Board welcomes the refocused Chrysalis course covering CVs living skills and understanding benefits. The Board is concerned that whilst support is available for prisoners prior to release the absence of " through the gate" support or advice on local work or further education can negate achievements made.

.

5.4 HEALTHCARE AND MENTAL HEALTH

5.4.1 The IMB receives a very high level of complaints about health care and the Department has appeared to lack transparency and a co-operative approach over general enquiries and specific concerns. However the Board is now pleased to note that albeit at the end of the reporting period there is now much greater engagement with the concerns of the Board. It will be important for this co-operation to continue into the future. It is noted that a Care Quality Commission report (unannounced inspection, Oct 2014) has confirmed full attainment of all standards considered necessary by the statutory authorities.

5.4.2 All prisoners are screened for physical and mental needs and for substance misuse (within 2 hours of custodial entry). Health care is available within 24 hours. Access to health care is encouraged by making appointment booking available at weekend. Health assistants and reps are developing engagement on the wings.

5.4.3 The Board is pleased to note that staffing, which has been a concern, has improved with the employment of highly trained Nurse Practitioners working 6 days a week, sharing prescribing with the GP and managing drug detoxification and treatment. The Board continues to have concerns about the relatively high level of bank staff lacking experience in working in a secure environment but notes that that all are interviewed for their position in the prison setting.

5.4.4. Substance Misuse Service gives good support and training in psycho-social groups for drug users. This well organised service has pioneered an AA group and Family Enhancement groups this year. Smoking cessation assistance is offered.

5.4.5 The mental health service (In Reach) is provided with adequate staffing including clinical nurses and 3 available psychiatrists (no waiting list). Access is good. Patients are asked for their feedback after In Reach appointments. However the Board remains concerned about the absence of trained mental health care in emergencies out of hours, (evenings and weekends) which means that mental health crises in the evenings and at the weekends have to be dealt with by wing staff or in the Segregation Unit or on call GPs.

5.4.6 The Board is pleased to note that "In-possession" medication has been launched by the pharmacy team using complex computerised risk assessments and is being rolled out to the wings. However the Board remains concerned that for those outside of this arrangement the last dispensing of the day is at 17.30 which is unsuitable for night medication with tens to compromise particularly mental health prescribing.

5.4.7 The Board welcomed the review of maternity care with improved co-ordination between the midwife and hospital. Health care is seeking in-house pregnancy scanning. Screening and follow up occurs specifically for female care. Compliance is always a problem.

5.4.8 Referrals to specialist care are made routinely from medical consultations. 79% of hospital appointments are attended. Cancellations are assessed by a clinician , however the need for escorts and bed watchers remains a pressure on the prison. Chronic diseases are monitored on System 1 computer. Diabetic retinal screening has been achieved this year in –house. Health promotion fairs are advertised and held. Emergency procedures are clearly defined in the prison and resuscitation equipment is readily available. Dental services are available and are well attended.

5.4.9 The Board was pleased to see the establishment (April 2014) of Cameo, Foston Hall's unit for the treatment of offenders with chronic personality disorders. There are 20 places available and there are currently 18 in the intervention stage. The prisoners who are engaged in Cameo, generally reside on either one of 2 normal wings, where the regime is supplemented by enrichment activities to support their progress during the programme. The programme is for 2 years, delivered by a multidisciplinary team, and all treatment plans are tailored to the needs of the individual. Cameo provision meets a very significant gap for prisoners with complex personality disorders, which this Board has highlighted in several previous reports and it is therefore especially welcomed at HMP Foston Hall

.5.4.10 Embedded in regular work of the prison is the contribution of the psychology department contributing reports for the Parole Board, providing the Care Programme and one to one provision for life sentence prisoners and women sex offenders. Also consultancy and training for Probation Officers and Offender Managers. Relevant research projects continue.

5.4.11 Relationships with health providers (Derbyshire Health United for physical health and Derby Health Care NHS for mental health), are satisfactory. The community on-call doctor service is available for out of hours needs.

5.4.12 The Board has been very concerned about delays in the transfer of seriously-mentally ill prisoners to hospital with detrimental effects for the prisoner and the prison. The Chair of the Board wrote to the Secretary of State and local MP to express this concern in November, drawing attention to the situation of one particular prisoner who was under constant observation for 73 days. This prisoner had several “ near miss “ attempts to kill herself, requiring admission to a local hospital on 8 occasions for follow up after incidents of self harm. The eventual transfer under compulsory section to a psychiatric ward was effected after sustained and significant effort on the part of the Governor and her team to expedite the process. Even so, the time taken to effect the transfer had a major impact upon staff, taking care of a seriously mentally ill prisoner, other prisoners whose regime was curtailed as a result of bed watch and hospital treatment taking core staff away from normal duties, and the prisoner herself whose complex .care needs could not be met in a prison setting. It seems that there is not an "equivalence " of treatment with the community; a referral with its steps taking a minimum of about 2 months.

5.4.13 The Board also has concerns the rapid release of mentally -ill prisoners after charges have been dropped in court. About 3 times a year these serious incidents happen at HMP Foston. The Mental Health team has been forced to take emergency action to look for urgent care or hospital admission in these cases Prison policy and Duty of Care needs to be examined and better planning initiated if possible.

5.5 RESETTLEMENT

5.5.1 The Board has noted a significant renewed focus on improving access to resettlement services coinciding with the arrival of the new Governing Governor, and appointment of a lead Senior Manager with responsibility for Reducing Reoffending. The progress was recognised by HMIP in the full inspection of the establishment with an improved score for Resettlement from 2 ( of concern ) in 2009 to 3 ( meeting the majority of targets )in 2014.

5.5.2 An interdisciplinary meeting, chaired by the lead Governor, oversees an Action Plan containing objectives for all the 7 national Reducing Reoffending pathways, namely accommodation, employment, health, drugs and alcohol, finance, benefit and debt, children and families, and attitudes, thinking and behaviour. Additional to these, there are objectives for 2 additional pathways, namely domestic abuse and sex workers. Lead champions are in place for each of the 9 pathways tasked with implementing agreed actions and reporting progress on a monthly basis. This model ensures there is an integrated approach as so many of the resettlement issues are recognised to be cross cutting.

5.5.3. The Board is pleased to note that a prisoner is rewriting the strategy in a prisoner-friendly format to help provide assurance to prisoners about the support that is available at HMP Foston Hall., and in addition, prisoner representatives for each pathway will provide peer support .The Board has seen real progress in this overall area, and applauds the involvement of many voluntary sector agencies in the delivery of the plan. Specific issues are raised in other sections of this Report relating to Health, Purposeful Activity and Education.

5.5.4. At HMP Foston Hall, a range of interventions to address offending behaviour is delivered by a mix of providers. The accredited CARE programme, for women with a history of violence, substance misuse and self harm, is now well established, with 3 programmes per year as the target in the Service Level Agreement, and 22 completions aimed for. The staff have successfully recruited and retained the full complement of 8 women on the 2 programmes run to date, and this is a significant achievement given the complexity of need and risk presented by the participants. As this programme is only available at HMP Foston Hall, referrals often depend on prisoners who are transferred to the establishment, and there remains a challenge to ensure timely referrals to fill the programme, especially as these can be delayed due to population pressures.

5.5.5. The Thinking Skills Programme, a cognitive skills programme delivered at HMP Foston by Probation staff, is also very well established, and the target aimed for is to start 24 women per year on the programme, with 22 completions. There is a challenge to find suitable candidates for the programme, especially as a number of other prisons offer the same intervention.

5.5.6. In the last Annual Report the Board expressed concern about the limited access to of accredited group work programmes available to address offending behaviour. While this is a concern, the Board recognises the challenge to recruit eligible prisoners for the reasons outlined above.

5.5.7. The Offender Management Unit at HMP Foston Hall has been working under pressure in managing its workload of sentence planning and assessing suitability for release on Home Detention Curfew ( HDC ), Release on Temporary Licence and parole assessments. The Board dealt with a total of 39 applications from prisoners related to the OMU function in the reporting year, compared with just 3 in the previous year, many relating to delays in HDC decisions. This was particularly evident in the summer months following the reorganisation of the probation service and the setting up of new companies to manage low to medium risk offenders.

5.6 SAFER CUSTODY

5.6.1 Assessment, Care in Custody and Teamwork ( ACCT ) procedures are in operation, and the Board members inspect ACCT folders on wings whenever a rota visit is undertaken.

5.6.2 The Safer Custody Manager during the reporting has continued the focus upon quality and staff training, resulting in on going improvement in the results of safer custody audits. Safer Custody training has been rolled out on a monthly basis covering direct and non direct employed staff of all grades and responsibilities. Awareness training has been delivered to voluntary organisations. An increase in staff numbers working in Safer Custody has been welcomed as this strengthens the capacity of the function.

5.6.3 The sharing of intelligence and co-ordination of care plans to keep prisoners safe has been undertaken by a weekly “Complex Needs Meeting”, attended by IMB members from time to time in a monitoring capacity. This meeting has now become part of the monthly Safer Custody meeting examining trends and prison wide procedures across the prison attended by staff from many disciplines, including Listeners, the Samaritans, Chaplaincy, Healthcare, the IMB has a standing invitation.

5.6.4 During 2014 427 ACCT documents were opened on women for reasons ranging from presenting in low moods through to intending to take their own life. The most common theme is self abuse by scratching and cutting . During the reporting period 5 women were placed on Constant Supervision for their own needs, some on several occasions.

5.6.5 The prison stood down the team of Listeners as a result of unavailability of suitable prisoners. This was a matter of concern to the IMB as many prisoners made comment that the absence of listeners was a disappointment and they valued the service. Wing walking with the Samaritans has provided an interim level of support to prisoners. Work continues to recruit suitable prisoners thereby strengthening an important aspect of the establishment's safer custody regimes. Prisoners have access on the wings to a dedicated phone line to telephone Samaritans and use of this has increased.

5.6.6 Local procedures for responding to instances of bullying and antisocial behaviour are well established, the Board is given access to the relevant review paperwork on individuals concerned. This applies to both perpetrators and victims.

5.6.7 150 investigations were opened for Violence Reduction related issues and from those investigations 98 VAS booklets opened, the common theme was prisoners feeling threatened.

5.6.8 The Coroner's inquest for a prisoner who died in custody at Foston in 2012 was completed on November 2014 with some points to come from this regarding the correct completion of the ACCT process.

5.7 SEGREGATION, CARE AND SEPARATION

5.7.1 The Care and Separation Unit can accommodate seven prisoners. There is limited space in the unit, and food is therefore delivered on a trolley, and eaten in cell. There is a small outside area for supervised access to fresh air and exercise.

5.7.2 The Board has previously raised concerns about the use of segregation for prisoners who are mentally ill, and /or who have a personality disorder. The Board therefore welcomed the opening of the Cameo Unit in 2014, with multi disciplinary provision for up to 20 women., tailor made for each participant. It is too early to judge whether the new provision will impact upon the volume of segregations, which, during the reporting year, stood at 244 individual admissions to the segregation unit. The CAMEO Unit is one important strand of a national development to meet the needs of prisoners with personality disorder, and therefore it is expected that women prisoners with challenging behaviour and personality traits will be specifically located at HMP Foston Hall to take part in the provision. This may, therefore, result in an increased use of segregation as the population becomes increasingly complex and challenging.

5.7.3. The Board was pleased to see the creation of an annex to D wing in 2014, adjacent to but separated from the Segregation Unit for vulnerable prisoners requiring close observation to keep them safe from serious self harm. The Board routinely monitors both the segregation unit and the annex. The practical complexities of the transfer of mentally ill prisoners from prison to hospital been a significant concern to the IMB during the reporting period. (see para 5.4.12) . This case was escalated to NOMS and the Minister for resolution through concerted efforts by the Governor, Healthcare staff and the IMB.

5.7.4. The Board has received some complaints from segregated prisoners about the suspension of regular fresh air and exercise, on occasions when there has been acute staffing shortages arising from prisoner escorts and bed watches.

5.7.5. There were ongoing complaints to the IMB during cold weather that cells were cold, and additional standalone heaters were supplied as there was a problem with the heating system.

5.7.6. A new system was introduced during 2014 to hold segregation reviews on 3 fixed days at 2.00pm to facilitate the attendance of Board members to monitor these. This was appreciated by the IMB and it hopes that improved attendance will ensue.

5.7.7. In the Board’s experience, unit staff are helpful, professional and skilful in dealing with often highly disturbed prisoners. The conditions in the unit office are cramped, and the cells are very basic and bare. The Board has seen ample evidence that the aim at reviews is always to facilitate a timely return to normal location as soon as progress is demonstrated. During the year, staff were required to manage a particularly challenging woman whose violent and unpredictable behaviour necessitated her segregation for 111 days until she was transferred out following further assaults on staff. Staff generally demonstrated patience and care in their handling of this prisoner.

5.8 RESIDENTIAL SERVICES

5.8.1 As noted in ten previous annual reports the Board remains very concerned about the poor quality of accommodation in D wing. The cells are dark and in some cases shared by five prisoners, with access to one toilet and one wash basin. Toilets are separated from the cell by a curtain which does not reach the floor. There are only two shower rooms for the wing which holds 41 prisoners, and these fall short of normal decency and safety. Whilst the Board has been advised that the cells in D Wing conform to minimum requirements for prison accommodation the Board's view is that these are inadequate. The Governor continues to make efforts to improve the quality of accommodation, for example replacing windows and redecoration but changes are limited to minor improvements that can be funded locally. Substantive improvement requires capital investment.

5.8.2 Problems in keeping the segregation unit adequately heated occurred again this year... D wing also has had serious problems in regulating its heating, with the wing being either overly hot or cold at times.

5.8.3 As in previous years issues have been raised with the Board about the size of food portions but these have not been frequent. Overall the Board has been satisfied with the quality of food provided. Issues raised with the Board about provision for those on special diets or pregnant have raised questions about the scope for more effective liaison between Healthcare and the Catering Dept.

5.8.4 There have been ongoing issues about washing machines and dryers not working. The purchase of new equipment has led to a welcome improvement, though there continue to be some ongoing issues.

Section 6

6.1 OTHER AREAS OF THE PRISON REGIME ON WHICH THE BOARD HAS ISSUES TO REPORT

6.1 A number of applications, (written and verbal) related to the treatment by staff. One recurring theme was discontent with decisions taken on the basis of security information having implications for the prisoner, for example excluding them from a particular job. Underpinning this was prisoners' frustration at the lack of information about the nature of the security information. In relation to the cases investigated the Board has been satisfied that such decisions have been reasonable, but questions whether it would be possible to provide prisoners with more information without compromising security.

6.2 Another theme in applications about treatment of prisoners by staff was unhappiness with IEP decisions, on investigation many of these related to the implementation of changes in the scheme.

6.3 A number of prisoners have raised with the Board complaints about delays in Home Detention applications being processed and poor communication. This was particularly acute in August and September due to a shortage of Offender Supervisors at that time and has continued to be the source of complaints. Delays in obtaining the previous convictions for prisoners is a key factor. HMP Foston does not have its own Police National Computer (PNC) access and has to obtain the information via another prison, which can take several weeks. Another factor has been staffing shortages.

6.4 The Board has received a steady number of applications (written and verbal) about lack of exercise and fresh air. This was particularly the case during periods of hot weather. One factor is that the arrival of the escort van during an exercise period means remand have to return to their unit. However this has been an issue on several wings at different times...

6.5 The Board recognised the important role of the Prisoner Council meeting. Arrangements for this initially fell short but a gradual improvement has been noted. However at the November meeting it was disappointing that no representatives from the different sectors of the prison attended with the resultant poor response to actions from the October meeting.

Final Note

7. SUPPORT

The Board is grateful for the support from the IMB clerks, initially Raymond Marsh and subsequently Hannah Weatheriall, and all staff at the prison who have provided advice and information where necessary.

Section 7

BOARD STATISTICS

|Recommended Complement of Board Members |10 |

|Number of Board Members at the start of the reporting period |10 |

| |4 experienced |

| |6 probationary |

|Number of Board members at the end of the reporting period |8 (will be 7 in January 2015) |

|Number of new members joining within the reporting period |0 |

|Number of members leaving within reporting period |2 (+ one leaving in at end of |

| |December) |

|Total number of Board meetings during reporting period |12 |

|Total number of visits to the establishment |265 |

|Total number of segregation reviews held |250 |

|Total number of segregation reviews attended |18 |

|Date of annual team performance review |November 2014 |

|Code |Subject |

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