Prison
Cat C training
Key Concerns Identified
Positive Findings
Whatton
IMB Annual Report 2020 · Published 21 August 2020
HMP Whatton, a Category C prison for sexual offenders, is generally safe and treats prisoners fairly, but faced significant challenges during the COVID-19 pandemic with 23-hour cellular confinement. Major concerns include the substandard B wing and healthcare facilities, delayed mental health transfers, and issues with prisoner property and resettlement planning. The Board praised staff's handling of the pandemic and the quality of education and mental health teams.
Positive Findings
The Board commends the Governor, senior management, and staff for their fair and humane handling of COVID-19 restrictions, prioritizing prisoner welfare with a consistent regime and daily phone contact. HMP Whatton remains a safe prison with good staff-prisoner relationships, bolstered by the key worker scheme. Healthcare staff are praised for their support during the crisis, and mental health services are fully staffed with no waiting lists. Education maintains an "Excellent" Ofsted rating and an 83% success rate.
Key Concerns
Regime/Time Out of Cell
The prolonged cellular confinement of 23 hours per day during the COVID-19 pandemic is unsustainable and cannot be regarded as fair and humane treatment, with a clear impact on mental health.
Estate/Conditions
Repeated
The substandard accommodation in the B wings remains a serious concern to the Board. The cells are tiny, well below the standard expected of a modern prison, and do not conform to CPT standards, with retro-fitted toilets close to beds.
Healthcare
Repeated
The standard of the accommodation in the healthcare centre remains a significant concern. The existing facilities are deemed inadequate by the prison, the Board, CQC, and HMIP, non-compliant with HBN 00-03/09, and suffer from a significant maintenance backlog (poor pipework, damp, asbestos, sewage smells, rat infestation, lack of clinical capacity, infection control risks) despite repeated rejected funding bids.
Mental Health
Repeated
Significant delays in obtaining a transfer to a psychiatric facility for prisoners with severe mental health issues, with one prisoner held for over 107 days in the CSU while awaiting transfer to a secure hospital, which is far from ideal for the prisoner and staff.
Safety
The routine issue of PAVA spray appears disproportionate and inappropriate given the extremely low levels of violence at HMP Whatton.
Complaints/Property
Repeated
The Board continues to receive applications about the loss of prisoners’ property, usually when being transferred from another prison, with no continuity in ensuring property follows a prisoner and no robust audit trail.
Resettlement/Release
The untimely notification of approved premises for released high-risk prisoners, often within five days or even the day before release, hinders their resettlement and ability to secure employment through the CRC.
Estate/Conditions
The ageing fire alarm system is regularly activated unintentionally and should be replaced urgently. The general alarm system is also ageing and should be replaced, highlighting maintenance issues for safety.
Estate/Conditions
The roads and pathways around the prison remain in a bad state of repair, with breaking surfaces causing potential health and safety issues, especially for wheelchair users who have experienced falls.
Healthcare
Increased waiting times to see a dentist, with 210 prisoners (27% of the population) currently waiting, exacerbated by a reduction of 1.5 dental sessions per week by the new healthcare provider, Care UK.
Resettlement/Release
The presence of 145 IPP prisoners, many serving terms over tariff, causes considerable anxiety due to their indeterminate sentences and lack of knowledge regarding potential release dates.
Other
A continuing issue with prisoners arriving without a current OASys report, delaying assessment and access to intervention programmes, which can lead to inappropriate sequencing for purposeful activities.
Board Commentary
Staffing
The key worker scheme has positively improved staff-prisoner relationships and communication, though it was temporarily suspended during the COVID-19 lockdown but is now being reintroduced. Healthcare staff faced considerable pressure with changed medication delivery duties. The mental health and IDD team is fully staffed, meeting targets.
Healthcare
Healthcare provision generally meets community standards, with positive mental health staffing and no waiting lists for case management. However, the physical state of the healthcare centre is a significant, long-standing concern, being outdated, non-compliant, and suffering from a maintenance backlog including damp, sewage issues, and infection risks. COVID-19 led to the suspension of routine clinics and extended dental waiting times, exacerbated by a reduction in dental sessions. Delays in mental health transfers for severely ill prisoners also remain an issue.
Regime & Daily Life
Prior to March 2020, prisoners had around 11.5 hours out of cell daily. Due to COVID-19, this reduced drastically to 23 hours in cell for most prisoners, with only essential workers having more time. Daily out-of-cell time is now limited to one hour for showers, calls, and rotational sports field exercise, with no gym access. The Board deems this prolonged cellular confinement unsustainable and urges significant relaxation of restrictions and more activities.
Applications to the IMB
Prisoners can apply to their IMB about any aspect of their treatment. This table shows application counts by category.
| Category | Current | Previous | Change |
|---|---|---|---|
| Accommodation (including transfers) | 45 | 38 | |
| Complaints system | 10 | 6 | |
| Discrimination/Equality | 12 | 9 | |
| Facilities (including education/work) | 14 | 8 | |
| Healthcare | 36 | 30 | |
| IEP (incentives and earned privileges) | 16 | 12 | |
| Other | 11 | 13 | |
| Property | 27 | 15 | |
| Rule 45 (cellular confinement) | 18 | 23 | |
| Segregation | 9 | 12 | |
| Staff conduct | 13 | 10 |
Recommendations (6)
Ministry of Justice: 2
HMPPS: 4
4 repeated
Recommendation 1
Repeated
Prev. unaddressed
Although £83m has recently been pledged by the government for the maintenance of prisons, the Board is concerned that when the COVID-19 restrictions are eased, there will still be a delay to the improvement of the prison’s healthcare facilities (see paragraphs 6.1.8 to 6.1.11). Is the minister able to offer reassurance on this matter?
Ministry of Justice
Healthcare
Response
In her response, dated 19 June, the minister wrote: ‘Unfortunately, there is a significant backlog of essential capital maintenance works that need carrying out in prisons. While we have had some welcome additional capital funding allocated by Treasury for 2020/21, it remains the case that the EIB (Estate Investment Board) has only been able to fund essential emergency works (focusing particularly on fire safety). Unfortunately, the bid at HMP Whatton did not meet the emergency criteria’. However, she did add: ‘I understand that Andy Johnson, the HMPPS Regional Estates Manager for HMP Whatton, has plans to complete small works and repairs to improve the fabric of the building containing the healthcare facility. The works will include pest control as well as addressing sewage leakage and leaking roofs’.
Recommendation 2
Repeated
Prev. unaddressed
The Board has had to report that a prisoner was held for a long time in secure conditions with deteriorating mental health while waiting for secure hospital accommodation (see paragraph 5.2.3). Despite regular assurances from the National Health Service (NHS) commissioners that this area of concern was being addressed nationally, there have been no improvements to the speedy resolution of such cases. Will the minister intervene and address this issue directly with the Secretary of State for Health and Social Care?
Ministry of Justice
Mental Health
Recommendation 3
Repeated
Prev. unaddressed
The standard of the accommodation in the healthcare centre remains a significant concern, as indicated in our letter to the minister in April 2020 (see paragraphs 6.1.8 to 6.1.11). Will the Prison Service consider substantial refurbishment or replacement of the healthcare facilities, now that more capital funding has been made available?
HMPPS
Healthcare
Recommendation 4
Will the Prison Service review the routine issue of PAVA spray, as there have been extremely low levels of violence at Whatton, and this deployment appears disproportionate and inappropriate (see paragraph 4.6.2)?
HMPPS
Safety
Recommendation 5
Repeated
Prev. unaddressed
As we have reported annually, the Board continues to receive applications about the loss of prisoners’ property, usually when being transferred from another prison. Responses to prisoners’ complaints from other establishments are often late or not received at all (see section 5.8). Can the Prison Service develop a reliable system of handling and tracking prisoners’ property, to reduce these unacceptable losses and to minimise the number of compensation claims?
HMPPS
Complaints
Recommendation 6
Will the Prison Service review, with other agencies, the timely notification of approved premises for released prisoners, to give them the best chance of resettlement and rehabilitation (see section 7.5)?
HMPPS
Resettlement
Other IMB Reports for Whatton
HMIP Inspections
Recent inspections by HM Inspectorate of Prisons for this establishment.
15 Jan 2024
Unannounced
Safety: 4
Respect: 3
Activity: 2
Release: 3
PPO Fatal Incidents
Prisons and Probation Ombudsman fatal incident investigations for this establishment.