Dear Mr Nicholls, Thank you for your Regulation 28 report of 22 December 2021 following the inquest into the death of Kyle Nel at HMP Guys Marsh on 9 June 2018. I am responding on behalf of all HMPPS recipients as the Director General of Prisons. I know that you will share a copy of this response with the family of Mr Nel and I would like to express my condolences for their loss. Every death in custody is a tragedy and the safety of those in our care is my absolute priority. Following evidence heard at the inquest you have raised concerns in relation to how a prisoner’s family and friends are able to raise concerns about the health and welfare of a prisoner, and the effectiveness of existing security fences within the prison estate to prevent drugs and/or prohibited materials being passed between prisoners. I thank you for bringing your concerns to my attention. I note that you heard evidence on the Custodial Violence Management Model (CVMM), a case management approach used for managing violent and problematic behaviour. HMP Guys Marsh were a pilot site for this scheme, which was phased out from November 2018, when HMPPS launched the Challenge, Support and Intervention Plan (CSIP) which is the mandated violence reduction case management model that must be used across the adult prison estate. CSIP provides a framework for managing violence that is centred around the individual and targets their specific needs to help them manage and move away from violent behaviours. HMP Guys Marsh have extended the use of CSIP to provide support to victims or suspected victims of bullying, intimidation, and those who self-isolate. The intervention of a third party may be crucial in alerting staff that a prisoner is at risk, and it is important that families and friends know that any concerns raised about a loved one will be acted on appropriately and that where possible they receive feedback when they do get in touch. I have received assurance from the Governor of HMP Guys Marsh that there are now various options available to families who wish to raise concerns. Families with immediate concerns are able to contact the switchboard and be put through to the Safer Custody team or to the Orderly Officer (the senior Custodial Manager with responsibility for overseeing the running of the prison outside of the core day) if out of hours. The Safer

Custody hotline and mailbox contains an out of office message with instructions on how to raise an emergency concern out of hours. All concerns raised are now logged on a database, managed by the Safer Custody team, along with a record of the action taken, and a note is placed on the individual’s NOMIS record so that information regarding a prisoner’s risk is shared with all relevant staff. The Safer Custody team respond to any concerns raised by families and friends, providing an update on what has happened and what actions have been taken. Of course, there are instances where staff are not able to provide detail for security reasons but in these circumstances an explanation is provided to families in line with the HMPPS policy framework on Strengthening Prisoners’ Family Ties.

The Group Safety team carry out assurance checks to ensure that incidents are being logged and responded to in a timely manner. Additionally, all emails received which relate to the safety of prisoners or concerns raised by family and friends are kept on file so that they can be revisited if required.

Where relevant an intelligence report may also be submitted so that the concern raised can be considered by security analysts for any potential risk, prompting consideration as to whether a CSIP referral is required to provide additional support to those who may be vulnerable. At HMP Guys Marsh the safety and security analysts are located in the same office to support effective information sharing.

The second concern you raise recommends that consideration should be given to reviewing the security fences used within the prison estate to prevent drugs and other prohibited items from being passed between prisoners. As a category C prison, the security fences in place at HMP Guys Marsh meet the current agreed national requirements necessary to keep prisoners safe and secure. I wish to assure you that the work being carried out nationally by the Drug Strategy Team and filtered down into each establishment is focused on restricting the supply of drugs in prisons, supporting prisoners to reduce and avoid substance misuse, and providing the help and treatment they need to maintain their recovery.

In order to tackle the problem of drugs in prisons, work is focused on improving security, building intelligence, and targeting the criminal networks which aim to bring drugs into prisons. Some of this work includes intelligence led checks of the internal and external perimeters and working with local police forces to identify and capture the perpetrators and intended recipients of items which are thrown over the external wall into prisons, known as ‘throw overs’. In addition to this, anyone found passing drugs or other prohibited items within establishments is dealt with in line with the standard prison disciplinary measures, and where relevant an intelligence report is submitted to help build intelligence and support the proactive work on reducing drugs getting into prisons.

The national Drug Strategy and Delivery team conduct diagnostic visits, checking internal and external perimeters (including fences and gates), to identify any vulnerabilities relating to drug dealing which are reported back to establishments to take action. HMP Guys Marsh has also been included in the accelerator project, where selected prisons have received additional resources in certain areas. At HMP Guys Marsh this includes a dedicated drug strategy manager who has been in place since Autumn 2021 and is making a positive impact on the local drug strategy processes. The project has now received additional funding and will be extended for three years to further support efforts to tackle the problem of drugs in prisons.

In addition to the ongoing work on restricting the supply of drugs it is vital to concentrate efforts on reducing demand and building recovery and this done through ensuring that prisoners understand the consequences of drug use, both within the prison and the wider risks to themselves and their families, and offering opportunities that give purpose and

direction in order to make a positive difference to the safety of prisons as well as helping individuals to change their lives.

Thank you again for bringing your concerns to my attention. I trust that this response provides assurance that action is being taken to address the matters that you have raised.