To reform the prison system, we need to understand the realities of it. To understand the system, we need to research it.
Our Research
We are enthusiastic to work with academics and practitioners in law, criminology, and other fields where the focus is on prison law and people in prison.
Our extensive network of clients, with whom we communicate on a daily basis, places us in a strong position to undertake research and collaborate with others for our clients’ benefit.
In the past, we have been approached by film directors, fellow charities, and academics to contribute to their work. We welcome further collaboration with those who share our values so please do reach out to us if you would like us to support and contribute to your work.
Areas of Research of interest
Legal Aid
It was out of the cuts made to this area our project was created. Some ten years on, the effects of the cuts and the current cost of living crisis is seeing our project caseload increase tenfold. Hence, the need to explore these cost savings is even more so pressing.
The project started it’s research on this area in 2021 and continues to review data and analyse new areas of concern. We hope the research we have undertaken in this area will contribute to raising awareness of our broken legal system.
IPPs
Through consistent correspondence with our IPP clients, the troubling reality of the legacy of IPPs is being fully revealed to us.
IPPs (Imprisonment for Public Protection) are a form of sentence that have now been abolished, albeit not retroactively. They are indeterminate sentences that require prisoners, once they have served their tariff, to prove to Parole Boards they no longer pose a threat to the public in order to be released. Due to the lack of prison rehabilitative resources and shortage of Parole hearings, this task is near impossible. Thus, thousands of prisoners are stuck in prison long after their tariff has expired.
If they are eventually released, IPP prisoners must then spend their lives outside prison under the threat of recall, where they can be sent back to prison for minor infractions.
The uncertainty faced by those serving IPPs has led to a much higher propensity to self-harm than those serving normal determinate sentences. Sadly, 65 prisoners serving IPPs have committed suicide in prison.
We hope the research we undertake in this area could contribute to freeing those still shackled by this unlawful and inhumane sentence.
Healthcare in Prison
People in prison are entitled to the same healthcare they would receive as if they were in the community. Their punishment is to deprive them of their liberty, not their healthcare. With over a third of our enquiries relating to matters arising out of their day-to-day care and treatment needs, our research and contribution to this area is focussed on raising awareness of this increasingly shocking area of abuse of their basic rights.
Lost Property and the Carceral System by Maralmaa Munkhjargal
The management of prisoners’ property is a nation-wide issue that has only been exacerbated by ongoing staff shortages and overcrowding of prisons. Shortages in reception and searching staff at prisons has led to delays in processing and distributing property, adding to existing backlogs from COVID-19.[1] Furthermore, the prison population reached a record high of 88’521 (almost 99% of the UK’s prison capacity) in September 2024.[2] As concerns with safety rose, the government responded by releasing some prisoners early.[3] In November 2024, the figure decreased to 86’038, but remained 2’456 more than the Certified Normal Accommodation (CNA), the number of prisoners that can normally occupy with a decent standard of accommodation.[4]
Lost and damaged property does not only affect prisoners financially, for many it also means losing emotional connections to the outside world. Having one’s own property also helps with maintaining a sense of autonomy.
Moreover, continuous mishandling of property leads prisoners to distrust prison staff and other inmates, negatively affecting their safety and wellbeing.[5] In their annual report, Lowdham Grange IMB disclosed that the prison experienced a large spike in threats to jump from a height “in protest or frustration at the regime, or by prisoners unable to access their property”.[6] According to a 2024 thematic monitoring report by the IMB, unresolved property disputes may often lead to violence due to the “distress, anger and frustration” prisoners experience.[7] Prisoners may feel dissatisfied with the handling of their complaint and can see it as a reflection of respect.
In 23/24, property claims accounted for over a quarter of the Prisons and Probation Ombudsman’s complaints work. Their annual report shows that almost 500 property complaints were completed, significantly more than the second-highest category with 174 complaints regarding staff behaviour .[8] The Ombudsman acknowledged that “property complaints … account for over a quarter of our complaints work” and expressed his desire to “drive down demand”, as many complaints were often regarding matters the prisons could have sorted themselves. This does not show much progress from a report on prisoners’ property complaints from 2012-2013, where property complaints made up over 20% of the total complaints.[9] In the report, the Ombudsman also asked for prisons to act more “sensibl[y]” and adhere to relevant guidelines and resolve complaints internally.[10]
Furthermore, since the implementation of the Prisoners’ Policy Framework in 2022, several IMBs have noted its lack of effectiveness. Although the framework was designed to improve the management of prisoners’ property, IMBs have reported that “there is still no apparent focus or action being taken locally, or nationally, to tackle property related issues.”[11] The 2024 monitoring report draws on an example of a prisoners’ prosthetic leg that went missing during a transfer despite the policy framework’s clear stance that prisoners must retain access to essential disability aids during prison transfers.[12]
Except for a select few instances,[13] prisons have continued using paper-based methods such as property record cards and cell clearance certificates to keep track of prisoner property.[14] These documents can be the most crucial pieces of evidence for investigations, but they are often “incomplete, illegible or lost”.[15] The 2024 monitoring report stresses the need for a national digital tracking system for the maintenance of an “effective audit trail” and “quick way to track property”.[16]
Currently, 35% of the cases handled by the Intervene Project are complaints about lost or damaged property
[1] Independent Monitoring Boards, 'Chaos in the crisis – the damaging loss of prisoners’ personal property' (25 September 2024) 4 <https://cloud-platform-e218f50a4812967ba1215eaecede923f.s3.amazonaws.com/uploads/sites/13/2024/09/IMB-How-property-loss-impacts-prisoners-thematic-report-FINAL.pdf> accessed 17 December 2024
[2] Ministry of Justice, ‘Population bulletin: weekly 6 September 2024’ (2024) <https://www.gov.uk/government/publications/prison-population-figures-2024> accessed 17 December 2024
[3] Ministry of Justice, ‘New change to some offenders' automatic release dates’ (9 September 2024) <https://www.gov.uk/guidance/new-change-to-some-offenders-automatic-release-dates> accessed 17 December 2024
[4] Ministry of Justice, ‘Population bulletin: monthly November 2024’ (2024) <https://www.gov.uk/government/publications/prison-population-monthly-prison-figures-2024> accessed 17 December
[5] Ministry of Justice, ‘Prisoners’ Property Policy Framework’ (24 October 2023) 4 <https://assets.publishing.service.gov.uk/media/6537a85c1bf90d0013d844e1/prisoner-property-pf.pdf> accessed 17 December 2024
[6] Independent Monitoring Boards, ‘Annual report of the Independent Monitoring Board at Lowdham Grange for reporting year 1 February 2023 – 31 January 2024’ (12 July 2024) 13 <https://cloud-platform-e218f50a4812967ba1215eaecede923f.s3.amazonaws.com/uploads/sites/13/2024/07/Lowdham-Grange-IMB-2023-2024-annual-report.pdf> accessed 17 December 2024
[7] Independent Monitoring Boards (n 1) 5
[8] Prisons and Probation Ombudsman, ‘Prisons & Probation Ombudsman Annual Report 2023/24’ (July 2024) 7, 11
[9] Prison and Probation Ombudsman, ‘Learning lessons from PPO Investigations: Prisoners’ property complaints’ (February 2014) 5 <https://cloud-platform-e218f50a4812967ba1215eaecede923f.s3.amazonaws.com/uploads/sites/14/2024/06/PPO_Prison_property_complaints_report_web.pdf>
[10] ibid 20
[11] Independent Monitoring Boards (n 1) 16
[12] Independent Monitoring Boards (n 1) 11
[13] Independent Monitoring Boards (n 1) 17
[14] Independent Monitoring Boards (n 1) 4
[15] Independent Monitoring Boards (n 1) 15
[16] Independent Monitoring Boards (n 1) 17
BEHIND BARS, BEYOND REACH: ABUSE, NEGLECT AND THE LEGAL AID CRISIS IN PRISONS by Jessica Hay-ward Cole
Abuse, Violence and Injury in Prisons
The UK prison system is facing a crisis of violence, death, and injury. From physical assaults to psychological torment, inmates are subjected to a range of harmful behaviours that have long-lasting consequences on victims, both inside and outside prison walls.
Prisoner-on-prisoner assaults have surged, with a staggering 26% increase in serious incidents in the past year. These attacks are not only more frequent but increasingly severe, often leading to serious injuries. Meanwhile, assaults on prison staff have reached a 21-year high, and a significant number of these incidents remain unresolved. (Smith, 2024) The mental health crisis within prisons is also worsening, with a 13% rise in self-harm rates. Tragically, the number of deaths in custody has soared to 317, many of which the Prison Ombudsman has linked to neglect and inadequate safeguarding. (UK Gov, 2024)
These alarming statistics underscore the urgent need for systemic reforms to address the root causes of violence, such as overcrowding, understaffing and inadequate mental health support. Improving conditions across all prison sectors through increased funding and taking more decisive action, the safety of prisoners and staff will be improved.
Neglect in Prisons
The UK prison system is grappling with a severe issue that often goes unnoticed: neglect. Beyond the overt violence and abuse, a more insidious problem lurks within prison walls. Neglect, the failure to provide basic necessities and adequate care, is a pervasive issue that can have devastating consequences for inmates. From inadequate healthcare to insufficient food and water, the effects of neglect can be far-reaching, impacting both physical and mental health.
Healthcare: The rights of prisoners to access adequate healthcare for treatment of physical and mental illness is a paramount part of our justice system, but is nevertheless too often neglected. People in prison often have significantly poorer health than the general population due to the severe depravation they have experienced during their lifetime such as either in care as a child or whilst homeless. The Nuffield Trust found therefore that prisons actually ‘provide an opportunity to address existing healthcare needs that have gone unmet in the community,’ including additional treatments which can significantly reduce reoffending rates.
However, chronic underfunding of the NHS, which is responsible for commissioning the healthcare services of all prisoners across the UK, alongside mass overcrowding results in a severe shortage of necessary provisions, including medicines, appointments and beds. The consequence of this is that prisoners die of natural causes 20 years earlier than the general population. (Iacobucci, 2024)
Food: A recent report by His Majesty's Inspectorate of Prisons (HMIP) highlighted the severe neglect of prisoners' basic needs, particularly regarding food. The report states that the quantity and quality of food provided is often insufficient, and the conditions in which it is served and eaten are degrading, undermining prisoners' dignity. (Sustainable Food Trust, 2024). his inadequate provision forces many prisoners to rely on the canteen to supplement their meals, creating a disparity between those who can afford to do so and those who cannot. This financial divide can exacerbate tensions and power dynamics within the prison. Additionally, the fact that food is often served by prisoners themselves can lead to further issues, as it allows for potential manipulation and control over portions and distribution, creating opportunities for exploitation and abuse of power. (Spear 2024). The inadequacies of food provisions across prions have significant consequences on, clearly, their physical health and well-being, but also on their behaviour. Hunger can lead to increased aggression and violence, difficulty concentrating and learning and reduced impulse control. (Dr Hepsomali, 2024)
Hygiene: Sanitation and hygiene remain a significant concern across prisons in the UK. In Belmarsh, only 1 in 6 prisoners said they were able to shower daily. At Feltham, a YOI housing boys as young as 13, only 39% of the young offenders said that they were able to shower every day. (Howard League, 2018). Furthermore, there are regular reports of rats and mice running around prisons, entering residential areas such as cells, and also being found amongst the food preparation and canteen areas. Following a visit of Rochester Prison by an HM Chief Inspector of Prisons they reported that ‘vermin was ever present, with rats and mice in the grounds around bins… and the smell of rat urine in some areas was overpowering.’ (Coady-Stemp, 2024). Poor sanitation and hygiene have far-reaching implications for the health and welfare of prisoners. There is a significant risk of disease spreading and health problems developing, which puts further strain on the already under-funded healthcare services. Additionally, unhygienic living conditions increases feelings of frustration, multiples tension and hinders rehabilitation efforts as it makes it more difficult for prisoners to reintegrate into society upon release.
Overcrowding: Overcrowding in UK prisons has become a systemic problem. Although there are no prisons currently over their operational capacity, 71 out of 122 prisons in the UK have a capacity over their Certified Normal Accommodation. The Institute for Government produced this analysis; ‘The prison population of England and Wales has doubled over the last 30 years, despite crime rates falling substantially. It is currently just over 87,000, up 13% just in the last three years, and the Ministry of Justice projects this to hit 99,300 by the end of next year.’ (Institute for Government, 2023). The impact of overcrowding is felt in nearly every sector of prison life and is arguably one of the biggest causes of all the above issues of neglect. It makes it more difficult for institutions to provide even the most basic of services such as food, clean water and healthcare as the under-funded resources have to be spread increasingly thinner. It exacerbates stress, anxiety and tension leading to increased mental health issues, violent incidents and self-harm rates. Lastly, overpopulation makes prisons increasingly dangerous and stressful for staff leading to, amongst other things, burnout and high turnover rates. In the year ending March 2023, one in 7 prison officers across the UK left their job due to low pay, poor working conditions, and a lack of support and recognition. (MoJ, 2023) This jeopardises safety and security within prisons as new staff are less equipped to deal with volatile situations and turnover harms rehabilitation efforts as valuable relationships are not built within the prisons that could help inmates be encouraged to address the underlying issues that lead to reoffending.
Overall, the problem of neglect in UK prisons is simultaneously complicated, influenced by many different social, financial and institutional factors, whilst also having far-reaching consequences. Urgent action is need to address the crisis that is currently staining our society, for the potential rehabilitation of individuals in this country must not be hindered by dire conditions that undermine their humility so much that they abandon any hope.
Legal Aid in Crisis: The Law Society has been the most prominent voice in highlighting a growing concern regarding accessibility of civil legal aid. They have found that it is increasingly out of reach for those that need it and a significant disparity exists in accessing legal aid, with geographical locations playing a crucial role. Individuals residing in areas without major cities, particularly in the southwest, north, northwest and east, are disproportionately affected.
Prior to the recent announcement of a raise in civil legal aid funding, the government had not increased the fees paid into this sector for 28 years. Furthermore, the government’s own statistics show that 40% of providers will leave the sector in the next 5 years. This is particularly problematic in relation to criminal legal aid providers which, leading up to September 2023, had already lost 306 providers in the 5 years prior. (Law Society, 2023. Fnally, a Law Society report found that two thirds of lawyers believer that access to justice has worsened over the last decade, citing a reduction in the areas covered by legal aid as one of the biggest barriers. (Law Society, 2023) This is particularly relevant in relation to providing prisoners with representation as their cases do not usually come under the areas that are covered by legal aid such as housing, immigration and social welfare.
Impacts of Legal Aid Cuts:
Access to Justice: Amnesty International noted that legal aid, and ensuring that everyone has access to justice, is a pre-requisite for effective human rights. In this sense, it is ‘a core element of an individual’s rights to an effective remedy…the provision of legal aid has acted as a cornerstone guaranteeing structural integrity of the broader edifice of access to justice.’ (2016) In other words, for Amnesty International, it is not possible to achieve true justice for all, where there is such limited access to legal aid provisions. This is particularly the case given the rise in legal costs over the last decade; fees rose by 24% between 2019 and 2023. (Markham, 2024) As a result, the necessity for legal aid is ever-increasing as more and more people are unable to afford to cover their legal costs. There are a growing number of people that are therefore unable to defend themselves. Between 2009-2010, more than 470,000 people received advice or assistance for social welfare issues, by 2013-2014 this had dropped by 90%. In the last decade, this has continued to drop and regional disparities have become more prominent. (Moulton, 2022)
People in prison are increasingly sidelined in relation to legal aid provisions as the funding goes to other areas such as criminal trials, and other civil sectors. This difficulty can cause physical, emotional and mental issues for prisoners, leading to increased costs on welfare matters within the prisons as a result of higher violence and self-harm rates through feelings of frustration and despair.
Ultimately, the difficulty of accessing legal aid has a profound impact on prisoners, leaving them to navigate complex legal systems without adequate representation. This undermines the principles of justice and perpetuates a cycle where individuals are unable to secure fair treatment within the prison system. It is imperative that we advocate for increased funding and accessibility of legal aid to ensure that all prisoners have the opportunity to seek justice and protect their rights
Whilst Intervene Project seeks to help as many prisoners as possible, the reality is that they urgently required increased financial support so that they can meet their demand. Every donation would be useful in helping to support prisoners and their families as they seek to get justice. You can discover how to donate by following this link: https://www.interveneproject.org/donate
