Prisoners have right to raise grievances and complaints about treatment and conditions. Understanding complaint procedures and your rights is essential.
Legal Framework
Prison Rules 1999 Rule 51 establishes formal complaint procedures. Human Rights Act 1998 provides right to fair hearing. Effective remedy required by European Convention Article 13. Prison Service Instruction PSI 02/2012 details complaint procedures. Three-stage system: informal, formal, Ombudsman.
Stage 1: Informal Resolution
Raise concern informally with staff member (wing officer, healthcare). Seek resolution face-to-face. Document date, person, issue. Response expected within 5 days. If resolved, matter closed. If unresolved, proceed to formal complaint.
Stage 2: Formal Complaint
Submit formal complaint form to governor (or staff member if against governor). In writing or oral (if unable to write). Include: date of issue, description of problem, resolution sought. Governor has 20 days to respond with written decision and reasons. If unhappy with response, appeal within 20 days.
Stage 3: Prisons Ombudsman
Independent investigation if not satisfied with governor’s response. Submit complaint to Prisons Ombudsman (independent body). Ombudsman investigates (4-6 months typical). Report issued with findings and recommendations. Prison must respond to recommendations. Binding for complaints not subject to judicial review.
Grounds for Complaint
Mistreatment, poor conditions, healthcare failures, safety concerns, unfair adjudication, denied rights, discrimination, harassment, inadequate investigation of incidents. Any issue affecting prisoner treatment or conditions.
FAQ
What if staff won’t listen?
Submit formal complaint. Governor has duty to respond. If staff dismiss, escalate formally.
How long do complaints take?
Informal: 5 days. Formal: 20 days. Ombudsman: 4-6 months. Judicial Review: 6-18 months.
Can I complain anonymously?
Preferably not. Named complaints carry more weight. However, safety concerns can be raised confidentially if necessary.
What if retaliation?
Retaliation prohibited. Report immediately. Separate complaint for retaliation. Serious matter affecting Ombudsman determination.
Can complaint be refused?
Governor cannot arbitrarily refuse complaint. Must acknowledge and respond. Vexatious or frivolous complaints can be limited, but legitimate complaints always heard.
What if complaint succeeds?
Governor may apologize, change decision, provide compensation. Ombudsman may recommend remedial action. Prison must respond to recommendations.
Can I complain to MP?
Yes. MP can lobby prison on your behalf. MP can escalate through Parliamentary channels. Independent of formal complaint procedure.
Are complaints confidential?
Complaint details confidential to extent possible. Named complaints identified. Ombudsman maintains confidentiality where appropriate.
Author: Daniel Hockey | Prison complaints specialist, Prison Law Index 2026.
Last Updated: 2026-04-05 | Prison Rules 1999, PSI 02/2012, Human Rights Act 1998.
