CIRC 069: NATIONAL CHAIR UPDATE AUGUST 2022

Please bring the contents of this circular to the attention of all POA members.

OSG INDICATIVE BALLOT AND BAND 3,4 AND 5 INDICATIVE BALLOT

As you will be aware from POA Circular 062/2022 the NEC have agreed to hold a further Indicative Workplace Ballot of our OSG members, and a separate Indicative Workplace Ballot for our Band 3, 4 and 5 members. This Indicative Workplace Ballot will finish on Monday 29^th August 2022 in accordance with Rule 25.5.

The purpose of this ballot is to ascertain if members accept or reject the pay award so the NEC can prepare for next year’s pay submissions. We accept that closed grades staff are insulted by their award and I will personally relay my disgust to the Pay Review Body on their behalf.

OSG members have the right to strike and if they indicate they reject the pay award and the turn out suggests we can meet the legislative threshold the NEC will progress to a statutory ballot for OSGs.

ICE Branch

The POA recently held a pay ballot for Mitie Care & Custody ICE & OCC staff that are covered by the POA recognition agreement within Mitie Care & Custody. The proposed pay award put to ballot was a no strings attached 1 year 4% pay rise back dated to 1^st May 2022.

The pay award was rejected by 86% of members that responded to the ballot.

At a meeting on 17^th August 2022, Mitie Care & Custody managers confirmed that 5.5% was their final offer. The POA believe that this is the best that can be achieved through negotiation, and we informed Mitie Care & Custody that we will ballot our members on their offer. 

EQUIPMENT CARRYING AIDS

All POA members who are experiencing difficulties carrying the abundance of mandatory equipment on their utility belts should make themselves aware of POA Circular 65/2022 which encourages you to: 

We would advise those members who have reported an injury to their back, shoulders, hips, knees, ankles or feet should ask to be referred to occupational health to be reviewed by a MSK specialist. Our members should ask to be provided with alternate carrying aids to assist them to continue to work and facilitate the management of their ongoing health and wellbeing within work. We would also advise members to enter this into the accident book and seek legal advice for a potential personal injury.

POSSESSION OF BATONS IN A PRIVATE PLACE

POA members are encouraged to read POA Circular 63/2022 which outlines their rights in relation to the following:

As a consequence of Section 46 of the Offensive Weapons Act 2019 coming into force, there have been significant changes to the law as it relates to the possession of offensive weapons. It is particularly important for members to be aware that with some notable exceptions, this development criminalises the possession of offensive weapons in private places such as domestic dwellings. This may well affect members who, from time to time have cause to possess batons in such circumstances.

Prison Service Pay Review Body Visits

Over the coming months the PSPRB are arranging their visits to the following prisons and sites. These will be in person this year.

 

Establishment	HMPPS Region
Birmingham	West Midlands
Birmingham ARC	N/A
Brinsford	West Midlands
Bullingdon	South Central
Cardiff	Wales
Channings Wood	Devon & North Dorset
Downview	Women
Five Wells	Contracted
Guys Marsh	Devon & North Dorset
Long Lartin	Long Term/High Security
Newbold Revel College	N/A
Onley	East Midlands
Pentonville	London
Risley	Greater Manchester, Merseyside & Cheshire

 

New Build Prisons Update

It has been confirmed that the new prison next to HMP Full Sutton, will be a 1,460-place category C resettlement prison for men next to the existing HMP Full Sutton. Enabling works have been underway, carried out by Kier as the contractor for those works.

The proposed new prison next to HMP Garth and Wymott, Lancashire was refused planning permission for a proposed new 1,700 place category C resettlement prison. The Planning Inspectorate, having considered the merits of the case, has decided to refer the decision on the appeal to the Department for Levelling Up, Housing and Communities (DLUHC) due to the nature of the case. This means that whilst the Planning Inspectorate will make a recommendation, the decision on the appeal will be taken by DLUHC Ministers. This also means that a delay to the outcome of the appeal is likely to occur.

A planning application for a proposed new 1,700 place category B training prison next to HMP Gartree was refused by the planning committee at Harborough District Council on 5^th April 2022. The MoJ submitted an appeal against the refusal of the planning application on 31^st May 2022.

A planning application for a proposed new 1,460 place category C resettlement prison next to HMPs Grendon and Springhill was refused by the planning committee at Buckinghamshire Council on 24^th March 2022. The MoJ do intend to appeal this decision.

HMP Fosse Way will open next year and deliver around 1,700 prison places. A feasibility study has been carried out to determine whether it would be possible to expand HMP Fosse Way using the northern compound of the existing site, which is owned by Ministry of Justice. This would provide one additional four-storey houseblock, and one support building which would include classrooms, workshop and office space. The additional places that would be gained would help to deliver the additional places needed to meet projected future demand for places of this type. Should proposals go ahead, this would increase the capacity of the prison to around 1,960 places. 

POA Scotland

It was with great sadness we reported to the membership the death of our good friend and Honorary Life Member John Shannon, who sadly passed away on Saturday 23^rd July 2022. 

John joined the Scottish Prison Service in 1978. He was first elected to the Executive Committee, as Finance Officer of the Scottish Prison Officers Association in March 1993 and remained in post until the merger in 2000, when he became the Treasurer of the Scottish National Committee until his retirement in 2004.

The Scottish National Committee are continuing discussions with the Scottish Government in an attempt to secure an acceptable pay offer for the membership after their rejection of the initial offer. It is increasingly likely that the memberships expectations will not be met and a statutory ballot for strike action will ensue.

A ballot of POA members at Carstairs Secure Hospital rejected the NHS offer of a 5% award. With a 96% response to the ballot, and a 92% rejection of the offer, the message has been given loud and clear. Most telling of all is that 90% of the members voted to indicate they are willing to take industrial action if this offer is not significantly improved.

Secure Hospitals

All POA members working in the secure hospitals estate should make themselves aware of POA Circular 66/2022 which confirms that:

The POA will be asking Rampton, Ashworth and Broadmoor local branch officials to hold an indicative ballot in order to ascertain the views of their members, as to whether they would accept/reject the offer and whether they would be willing to take action up to and including strike action. The following 2 questions are to be on the ballot paper.

Question 1 – Are you happy to accept the pay offer?

Question 2 – If the pay offer is rejected, are you willing to take industrial action up to and including strike action?

The ballot period will run from 1st September to 20th September 2022.

Members are reminded that they should continue to agree the most suitable regime for their establishments including what they deem to be appropriately safe and manageable unlock numbers. No members should be forced to work unsafely. If any committee or member needs advice or assistance in dealing with Governors that are attempting to force a return to pre covid regime levels that bred violence and chaos they should immediately contact their Area NEC Representative.

All the best.

 

Yours sincerely

Mark Fairhurst
National Chair