Fifteenth Report - Improving the prison estate

Select Committee

Public Accounts Committee HC 244 11 September 2020

Report Status Government responded

Conclusions & Recommendations 36 items (6 recs)

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Government Response (AI assessment · 35 of 36 classified)

Accepted 18

Not Addressed 16

Government response

Treasury minutes: Government response to the Committee of Public Accounts on the Fifteenth report from Session 2019-21 · published 18 Nov 2020

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Recommendations & Conclusions

18 results

2 Recommendation Accepted

We are disappointed that the Ministry places inadequate importance on the living conditions of female...

Recommendation

We are disappointed that the Ministry places inadequate importance on the living conditions of female prisoners. Twelve of the 117 prisons in England & Wales hold female offenders, none of which are in Wales. Despite women making up 5% of … Read more

Government Response Summary

The government accepted the recommendation, committing to write to the Committee by January 2021 with plans to improve conditions in women's prisons and an update on longer-term estate planning.

HM Treasury

3 Recommendation Accepted

In 2015, the Ministry failed to protect taxpayers’ interests through its naïve approach to the...

Recommendation

In 2015, the Ministry failed to protect taxpayers’ interests through its naïve approach to the outsourcing of facilities management services. The Ministry admits that its approach prioritised delivering at speed and achieving predicted £79 million in cost savings at the … Read more

Government Response Summary

The government agrees to the recommendation, stating the Prison Estate Asset Capture Survey will complete by March 2021 to inform future contracts and asset management. They confirm detailed asset records are already being captured for new prison builds using a Building Information Management system.

HM Treasury

4 Recommendation Accepted

We are not convinced that the Ministry’s plans to create more capacity will allow it...

Recommendation

We are not convinced that the Ministry’s plans to create more capacity will allow it to match the expected increase in the prison population whilst keeping prisoners safe under its care. Rising demand for prison places, places being taken out … Read more We are not convinced that the Ministry’s plans to create more capacity will allow it to match the expected increase in the prison population whilst keeping prisoners safe under its care. Rising demand for prison places, places being taken out of use and delays in building new prisons have put significant pressure on the capacity of the prison estate. Almost two-thirds of adult prisons in England and Wales are already crowded, with the top ten most crowded prisons running at 147% or higher than their intended capacity. Demand for prison places could outstrip supply by 2022–23. A lack of capacity within some types of prison means that many prisoners already live in unnecessarily stringent security conditions while others live in low- security environments relative to their higher risks. Current demand for prison places has slowed as a result of the cancellation of jury trails during the COVID-19 Improving the prison estate 7 pandemic, creating a backlog of over 524,000 cases that will eventually flow through into the prison system. Both the Ministry and HMPSS expect demand for prison places to increase as the courts and the Crown Prosecution Service return to full capacity. HMPPS needs headroom in the prison estate to deliver its reconfiguration project, undertake essential maintenance and deal with potential further waves of COVID-19. It has so far averted major loss of life from the COVID-19 pandemic thanks in part to the heroic efforts of prison staff. It will need robust plans to manage further waves of the virus and the impact on staff and prisoners. Recommendation: The Ministry should write to us in six months to explain how its plans to create the right type of capacity within the prison estate will be resilient to rising demand and further potential shocks from Covid-19, and create sufficient headroom to allow it to address the maintenance backlog. It should set out: • How it expects the prison population to change in the coming years (including the impact of Show less

Government Response Summary

The government agrees with the recommendation and will publish prison population projections by the end of 2020, forecasting future changes. By April 2021, the department will provide an update on progress, including plans for managing capacity and COVID-19 in the prison estate, meeting the committee's requested deadline.

HM Treasury

5 Recommendation Accepted

The Ministry’s efforts to reduce the £18.1 billion cost of reoffending are being put at...

Recommendation

The Ministry’s efforts to reduce the £18.1 billion cost of reoffending are being put at risk by the absence of a cross-government strategy. Reoffending has a substantial cost to the economy, in addition to its considerable impact on the emotional … Read more

Government Response Summary

The government accepted the recommendation for a cross-government reducing reoffending strategy, stating its ambition was outlined in the Smarter Approach to Sentencing White Paper. They committed to publishing an update 'in due course' and writing to the Committee with further details before the end of 2020, integrating it with the long-term estates strategy.

HM Treasury

7 Conclusion Accepted

Deteriorating conditions within the prison estate have been a concern for many years.

Conclusion

Deteriorating conditions within the prison estate have been a concern for many years. HM Inspectorate of Prisons (the Inspectorate) has consistently reported that many prisoners endure unsafe, poor and overcrowded living conditions. Between 2015–16 and 2019–20, the Inspectorate rated more … Read more

Government Response Summary

The government accepted the observation as a recommendation, committing to update the Committee in January 2021 on prison building plans and strategy scope, consult in early 2021, and publish a comprehensive strategy by summer 2021.

HM Treasury

8 Conclusion Accepted

Poor conditions and crowding within the prison estate are in large part the result of...

Conclusion

Poor conditions and crowding within the prison estate are in large part the result of historical under-investment in maintenance. HMPPS regularly has to take prison cells out of permanent use because of the state of disrepair. Between 2009–10 and 2019–20, … Read more

Government Response Summary

The government accepted the observation as a recommendation, committing to update the Committee in January 2021 on prison building plans and strategy scope, consult in early 2021, and publish a comprehensive strategy by summer 2021.

HM Treasury

24 Conclusion Accepted

We asked HMPPS how it was managing crowding in prisons given the extent of the...

Conclusion

We asked HMPPS how it was managing crowding in prisons given the extent of the issue. HMPPS told us that its reconfiguration programme across the prison estate would help ensure that people were in the right environment for their sentence, … Read more

Government Response Summary

The government agrees with the committee's finding and will write to the Committee by January 2021 to update on prison building plans, intending to consult in early 2021 and publish a comprehensive strategy by summer 2021.

HM Treasury

25 Conclusion Accepted

Before the COVID-19 pandemic, HMPPS expected demand for prison places to rise because of the...

Conclusion

Before the COVID-19 pandemic, HMPPS expected demand for prison places to rise because of the government’s August 2019 announcement to recruit an additional 20,000 police officers. The NAO reported that HMPPS could need new prisons to be ready from late … Read more

Government Response Summary

The government accepted the observation as a recommendation, committing to update the Committee in January 2021 on prison building plans and strategy scope, consult in early 2021, and publish a comprehensive strategy by summer 2021.

HM Treasury

26 Conclusion Accepted

By 19 June 2020, some 500 prisoners and 10 children in custody had tested positive...

Conclusion

By 19 June 2020, some 500 prisoners and 10 children in custody had tested positive for COVID-19. A further 992 staff within HMPPS had tested positive for the virus. Up to 26 June 2020, 44 people categorised as ‘HMPPS service … Read more

Government Response Summary

The government committed to publishing prison population projections by the end of 2020 and providing an update by April 2021 on its COVID-19 management strategy for the prison estate, including plans for temporary accommodation. They also highlighted progress on new prison builds to deliver 10,000 new spaces by 2026.

HM Treasury

27 Conclusion Accepted

When infections take hold in prisons they can be very serious, so we were relieved...

Conclusion

When infections take hold in prisons they can be very serious, so we were relieved to hear that the scale of the pandemic in prisons had not been as bad as was predicted at the outset. The Ministry and HMPPS … Read more

Government Response Summary

The government agrees with the implied recommendation on managing the prison estate, committing to publish prison population projections by the end of 2020, continue new prison builds, and provide an update by April 2021 on progress, including plans for temporary accommodation.

HM Treasury

28 Conclusion Accepted

As part of our inquiry, we received written evidence from the Prison Reform Trust, Professor...

Conclusion

As part of our inquiry, we received written evidence from the Prison Reform Trust, Professor Nicola Padfield the University of Cambridge, and from Professor Loraine Gelsthorpe at the Institute of Criminology at the University of Cambridge. They told us that … Read more As part of our inquiry, we received written evidence from the Prison Reform Trust, Professor Nicola Padfield the University of Cambridge, and from Professor Loraine Gelsthorpe at the Institute of Criminology at the University of Cambridge. They told us that shortcomings in the prison estate, particularly the extent of crowding in prisons, had been exposed by the COVID-19 pandemic. The Institute of Criminology was concerned that people were essentially being left to “rot” in their cells, “bored out of their minds and sometimes banged up in overcrowded cells”.62 Both Dr Padfield and the Institute of Criminology told us that prisoners were being locked up to 23 hours per day, often with poor sanitation, with inadequate access to exercise, education or rehabilitation activity and that family visits had been suspended.63 The Prison Reform Trust told us that the Ministry’s compartmentalisation approach was made much more difficult to implement by crowding in prisons. It explained that crowding in prisons meant that there was no reliable means of ensuring that someone with COVID-19 was not sharing a cell with a prisoner who did not yet have the virus. It also said that overcrowding meant that keeping cells clean was an “impossibility” which increased the risk of transmitting disease and, in 57 Qq 14–15, Ministry of Justice, HM Prison and Probation Service COVID-19 Official Statistics Data to 26 June 2020, 3 July 2020 58 Qq 20–21 59 Q 108, IPE0007 - Improving the prison estate, Professor Loraine Gelsthorpe (Professor of Criminology & Criminal Justice, Director of the Institute of Criminology at Institute of Criminology, University of Cambridge) 1 July 2020 60 Q 98 61 Q 103 62 IPE0007 - Improving the prison estate, Professor Loraine Gelsthorpe (Professor of Criminology & Criminal Justice, Director of the Institute of Criminology at Institute of Criminology, University of Cambridge) 1 July 2020 63 Professor Nicola Padfield (Professor of Criminal and Penal Justice at Universit Show less

Government Response Summary

The government agrees with the committee's observation and commits to publishing prison population projections by the end of 2020. They also highlight ongoing new prison builds to deliver 10,000 spaces by 2026 and will provide an update by April 2021 on progress and temporary accommodation plans.

HM Treasury

30 Conclusion Accepted

The prison population fell during the COVID-19 pandemic as a result of the cancellation of...

Conclusion

The prison population fell during the COVID-19 pandemic as a result of the cancellation of jury trials and fewer cases coming through from the courts.67 In March 2020, almost half of all courts were closed and jury trials were paused … Read more

Government Response Summary

The government agrees with the implied recommendation to manage the impact of court backlogs on the prison estate, committing to publish prison population projections by end of 2020 and provide an update on progress and temporary accommodation plans by April 2021.

HM Treasury

31 Conclusion Accepted

The Ministry and HMPPS told us that the fall in cases coming through from the...

Conclusion

The Ministry and HMPPS told us that the fall in cases coming through from the courts, and the subsequent lower demand for prison places, had given it the headroom it needed to manage the prison estate during the pandemic. They … Read more

Government Response Summary

The government agrees with the committee, stating it will publish prison population projections by end 2020 to forecast changes and confirms new prisons are on track for delivery by 2026. It will also provide an update by April 2021 on progress and plans for expected use of temporary accommodation.

HM Treasury

32 Conclusion Accepted

In its written evidence to us, The Prison Reform Trust asserted that there was nothing...

Conclusion

In its written evidence to us, The Prison Reform Trust asserted that there was nothing in the government’s planning, short or long term, which would better prepare the prison service for a future outbreak of COVID-19 or a similar pandemic. … Read more

Government Response Summary

The government agrees with the committee's observation, committing to publishing prison population projections by end 2020 and providing an update on progress and plans for temporary accommodation by April 2021. It also confirms new prisons are on track and the COVID-19 strategy for prisons is continually assessed.

HM Treasury

33 Conclusion Accepted

Almost half of those who spend time in prison will go on to reoffend within...

Conclusion

Almost half of those who spend time in prison will go on to reoffend within a year of their release. Reoffending costs society and the economy £18.1 billion each year. Over half of this (£10 billion) is the direct costs … Read more

Government Response Summary

The government agreed with the committee's observation on the need for a strategic approach to reoffending and outlined its ambition in the Smarter Approach to Sentencing White Paper. It committed to publishing an update on this work and providing further details to the Committee before the end of 2020, integrating it with the long-term estates strategy.

HM Treasury

34 Recommendation Accepted

In our 2019 review of the Ministry’s progress in transforming rehabilitation, we concluded that the...

Recommendation

In our 2019 review of the Ministry’s progress in transforming rehabilitation, we concluded that the Ministry would not make sustained progress with reducing reoffending until it could provide the support offenders desperately needed on leaving prison, including securing stable accommodation. … Read more

Government Response Summary

The government agreed with the recommendation for a cross-government strategy to reduce reoffending, acknowledging past delays and committing to publishing an update in due course and writing to the Committee with further details before the end of 2020.

HM Treasury

35 Conclusion Accepted

The way offenders were treated on their release from prison has a significant impact on...

Conclusion

The way offenders were treated on their release from prison has a significant impact on how they re-integrate into society.80 We received written evidence from Middlesex University, which told us that poor or inadequate resettlement pathways had resulted in lack … Read more The way offenders were treated on their release from prison has a significant impact on how they re-integrate into society.80 We received written evidence from Middlesex University, which told us that poor or inadequate resettlement pathways had resulted in lack of adequate housing options for prisoners on their release.81 On 4th April 2020, the Government announced that up to 4,000 prisoners could be released to prevent the spread 75 Q 43, Ministry of Justice, Economic and social costs of reoffending, Alexander Newton, Xennor May, Steven Eames & Maryam Ahmad, 2019 76 Qq 43–44 77 Committee of Public Accounts, Transforming Rehabilitation: A progress review, Ninety-Fourth Report of Session 2017–19, HC 1747, 3 May 2019 78 HM Treasury, Government response to the Committee of Public Accounts on the Ninety-Third to the Ninety- Fourth and Ninety-Sixth to the Ninety Eighth reports from Session 2017–19, CP 151, July 2019 79 Q 45 80 IPE0007 - Improving the prison estate, Professor Loraine Gelsthorpe (Professor of Criminology & Criminal Justice, Director of the Institute of Criminology at Institute of Criminology, University of Cambridge) 1 July 2020; Committee of Public Accounts, Transforming Rehabilitation: A progress review, Ninety-Fourth Report of Session 2017–19, HC 1747, 3 May 2019 81 IPE0005 - Improving the prison estate, Dr Matthew Cracknell, Middlesex University, London, 1 July 2020 Improving the prison estate 21 of the disease. Eighty-one prisoners had been released by 8th June 2020.82 We asked the Ministry how many of those who had been released did not have settled accommodation to go to on their release. The Ministry told us that it had set clear conditions that people would not be released unless there was a housing solution available to them on their release. Both the Ministry and HMPPS told us that accommodation had been available in 100% of cases. HMPPS explained that this was often accommodation that the prisoner had arranged for themselves, and that it had w Show less

Government Response Summary

The government agrees with the implied recommendation for a strategic approach to reoffending, committing to publishing an update and further details before the end of 2020. This approach will focus on ensuring individuals have jobs, homes, and medical treatment, building on cross-government work and dovetailing with the long-term estates strategy.

HM Treasury

36 Conclusion Accepted

In April 2020, the Chief Inspector of Prisons similarly found that, within local prisons, resettlement...

Conclusion

In April 2020, the Chief Inspector of Prisons similarly found that, within local prisons, resettlement assessments and planning for release had been limited as a result of COVID-19. It found that good efforts had been made to address accommodation needs … Read more

Government Response Summary

The government accepted the observation as a recommendation, committing to a strategic approach to reoffending, including publishing an update by March 2021, focusing on ensuring prison leavers have jobs, homes, and medical treatment.

HM Treasury