CIRC 009: NATIONAL CHAIR UPDATE JANUARY 2022

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

Meeting with Secretary of State for Justice Dominic Raab MP

The General Secretary and I held a face-to-face meeting with the Secretary of State for Justice the Rt. Hon Dominic Raab MP, on 26^th January. Also in attendance was the Prisons Minister the Rt Hon Victoria Atkins MP.

A variety of important issues were addressed including pay, retirement age, safety, and the Government White paper.

I would describe this as a positive meeting, which was non-committal but where the Secretary of State and the Prisons Minister were left in no doubt that the most urgent issue of pay would have to be addressed immediately to avert an inevitable staffing crisis. Only an above inflation pay award would avert an uncontrollable attrition rate and avoid industrial action from our OSG’s.

The issue of our retirement age received a healthy acknowledgement and the possibility of future negotiations over this issue has not been denied.

We will always endeavour to work constructively with any Government to improve our members working lives and we will wait to see if the warm words of praise turn into palpable actions that benefit us all.

Plan B Restrictions Announcement in the Prison Context

Members should note the following that has been issued to Governors from Covid Gold:

In custody we are still experiencing the highest recorded number of outbreaks to date. We have experienced significant numbers of staff absent from work throughout this period, though our staffing position has improved recently. This has been a disruptive period for prisons and we must now proceed with caution and in a controlled way to not undo the good work that has been achieved since the emergence of Omicron to protect all the people who live, work in and visit prisons.

As impacts have varied locally between establishments, we expect differences in how quickly prisons will be able to progress. However, due to the more confined and vulnerable context of prisons, our expectation has always been that there will be a delay behind the progress of the community. Therefore, at this time prisons will remain at the baseline of Stage 3, accepting that some are having to operate at Stage 4. We will communicate any change to this as we further assess the risk and ability for sites to progress.

Our principal goal is to keep people safe and for the time being, prisons must continue to rely on the wearing of FRSM face masks, and other task-relevant PPE, in all prisons. Mandatory testing for all staff should continue with daily staff testing to start imminently, as must the isolation of staff and prisoners who are positive, in line with current guidance.

We should continue to work closely with Public Health colleagues and NHS partners through multi-agency Outbreak Control Teams (OCTs). Governors/Directors must ensure that they continue to engage with OCT meetings keeping them fully updated on the situation at each establishment and the balance of the risks that we manage. As we see a relaxation of controls in the community, we may see an increased risk and challenge to the legitimate application of controls in our prisons, therefore a focus on stability, order and control is important at this time.

Vaccination remains the best protection against COVID-19 and prisons must continue to prioritise vaccinations. This includes supporting staff with time to receive their vaccination in the community and promoting the need to record their vaccination status on SOP.

Pay Submissions

The NEC are currently working on written submissions to the Prison Service Pay Review Body. We are hopeful that the employer can adhere to timescales so we may get any awards on time

POA URGE MEMBERS TO CONTACT MPS – SAFE INSIDE BILL

The POA urge members to write to their local MP and ask them to support Grahame Morris MP’s Prisons (Violence) Bill, aka the “Safe Inside Law” which returns to Parliament on 25th February 2022.

Easington Labour MP Grahame Morris`s Prisons (Violence) Bill returns to the house on 25th February 2022. The cross-party Bill seeks to place a statutory duty on the prison service and private prison operators to minimise violence, and to enshrine into law the Safe Inside Charter, developed by nine national prison unions including the POA, and other measures designed to maximise staff experience. Morris’s Bill also aligns with the new White Paper by holding Governors directly accountable for staff safety.

You can find your MPs contact details at the following link –

 – https://members.parliament.uk/FindYourMP

PENSION DISCRIMINATION: MEMBERS WHO HAVE RETIRED OR ARE RETIRING SOON

POA Circular 005/2022 confirms the following:

You will recall that we have fought and won Tribunal cases for members who were members of the Principal Civil Service Pension Scheme (PCSPS) and who were required to transfer to the Alpha Pension Scheme that was introduced in 2015. In some cases, the Alpha Scheme provides better benefits for members than the Classic, Classic Plus, Premium or nuvos Sections of the PCSPS. In many cases it does not. The result of the Tribunal cases is that affected members will have to be given a choice when they retire. The Government intends to close the PCSPS to all members who are still contributing to it, with effect from 1st April 2022. We are investigating with our lawyers whether this closure is legal, but as matters stand the choice that members must be given affects the years of pension that they built up between 1st April 2015 (or the date they were transferred to alpha if later) and 1st April 2022. They must be allowed to have this period treated as pensionable in the PCSPS or in Alpha if that is a better deal for them. This has not yet provided a solution for members who have already retired on Alpha terms when they should have retired on PCSPS terms. The Government has said, in consultation papers concerning new legislation designed to correct the discrimination, that these cases will be re-examined – but not until October 2023. We have made it plain that that is not good enough. We issued a test case for a member who should have been retired on Classic terms, and I am pleased to say that the case has been conceded by the Government. The member concerned will get his pension lump sum topped up to the correct level and paid, he will be paid his arrears of pension (in both cases with interest) and his pension will be corrected going forwards. The Government’s lawyers have told our lawyers that they want to explore a process for getting all similar cases processed without waiting until October 2023, and I will keep you informed of the progress we make. We intend to keep the pressure on, and we will keep filing further test cases until a deal is done. 

Changes to self-isolation

POA members should be aware of the following guidance that has been issued by HMPPS affecting self-isolation procedures in England and Wales:

Prisons in England Isolation Changes

Following a Positive Test for Covid 19

As of 17.01.22 In line with the most recent update to Government guidelines; self-isolation rules changed in England for those who are positive for COVID-19. This briefing outlines the isolation rules that will apply for staff and prisoners in England. Separate guidance has been issued for Wales. HMPPS will keep these changes under review in consultation with UKHSA and if any risks are identified with these changes, we will communicate any adjustments.

Individuals who test positive for COVID-19 must isolate in line with Government guidance. As advised by UKHSA, the self-isolation period for positive cases has shortened from seven to five full days, with the mitigation in place that the individual must return a negative lateral flow test on both Day 5 and Day 6. The individual should not be showing any COVID-19 symptoms.  This move is irrespective of an individual’s vaccination status or the variant of Covid they are positive with. 

Staff Testing

Additional mitigations will also now apply for all staff working in prisons who must also continue to test on days 7, 8, 9 and 10 as below.

LFD Tests for staff days 5 and 6

Staff take an LFD test from day 5 of their isolation period, and another LFD test the following day (day 6). The second LFD test should be taken at least 24 hours after the first. If both LFD tests results are negative, the individual may end their self-isolation and return to work on day 6 after the second negative LFD test result and 5 FULL days of isolation. They should not take an LFD test before the fifth day of their isolation period and should only end their self-isolation following 2 consecutive negative LFD tests which should be taken at least 24 hours apart.

LFD Tests for staff on days 7, 8, 9 and 10

As long as they are showing no symptoms of Covid 19 the individual can then return to work but must continue to undertake daily LFD Tests until day 10

Before returning to work staff should follow the below:

• On days the staff member is working, the LFD test should be taken prior to beginning their working day.
• If any of the LFD test results during the testing period in days 7, 8, 9 and 10 are positive the staff member must isolate and wait 24 hours before taking the next LFD test.
• Between days 5 and 10, two consecutive negative tests are required before the member of staff can attend work (not returning before day 6).
• The member of staff must continue to comply with all relevant infection control precautions and PPE must be worn properly throughout the day.
• If the member of staff works with patients who are especially vulnerable to COVID-19 (as determined by the organisation), a risk assessment should be undertaken, and consideration given to redeployment for the remainder of the 10-day isolation period.
• The likelihood of a positive LFD test in the absence of symptoms after 10 days is very low. If the staff member’s LFD test result is positive on the 10th day, they should continue to take daily LFD tests, and should not return to work until a single negative LFD test result is received.

Prisons in Wales- Isolation Change Outline 26.01.22

Following a Positive Test for Covid 19

As of 28.01.22 and in line with the most recent update to Government guidelines; self-isolation rules changed in Wales for those who are positive for COVID-19. This briefing outlines the isolation rules that will apply for staff and prisoners in Wales. The changes are being made to bring Wales into line with isolation rules for positive cases in England.

HMPPS will keep these changes under review in consultation with UKHSA and if any risks are identified with these changes, we will communicate any adjustments.

Individuals who test positive for COVID-19 must isolate in line with government guidance. The self-isolation period for positive cases in Wales has shortened from seven to five full days, with the mitigation in place that the individual must return a negative lateral flow test on both Day 5 and Day 6. The individual should not be showing any COVID-19 symptoms. This move is irrespective of an individual’s vaccination status or the variant of Covid they are positive with.

Staff Testing

Additional mitigations will also now apply for all staff working in prisons who must also continue to test on days 7, 8, 9 and 10 as below.

LFD Tests for staff days 5 and 6

Staff take an LFD test from day 5 of their isolation period, and another LFD test the following day (day 6). The second LFD test should be taken at least 24 hours after the first. If both LFD tests results are negative, the individual may end their self-isolation and return to work on day 6 after the second negative LFD test result and 5 FULL days of isolation. They should not take an LFD test before the fifth day of their isolation period and should only end their self-isolation following 2 consecutive negative LFD tests which should be taken at least 24 hours apart.

LFD Tests for staff on days 7, 8, 9 and 10

As long as they are showing no symptoms of Covid 19 the individual can then return to work but must continue to undertake daily LFD Tests until day 10

Before returning to work staff should follow the below:

• On days the staff member is working, the LFD test should be taken prior to beginning their working day.
• If any of the LFD test results during the testing period in days 7, 8, 9 and 10 are positive the staff member must isolate and wait 24 hours before taking the next LFD test.
• Between days 5 and 10, two consecutive negative tests are required before the member of staff can attend work (not returning before day 6).
• The member of staff must continue to comply with all relevant infection control precautions and PPE must be worn properly throughout the day.
• If the member of staff works with patients who are especially vulnerable to COVID-19 (as determined by the organisation), a risk assessment should be undertaken, and consideration given to redeployment for the remainder of the 10-day isolation period.
• The likelihood of a positive LFD test in the absence of symptoms after 10 days is very low. If the staff member’s LFD test result is positive on the 10th day, they should continue to take daily LFD tests, and should not return to work until a single negative LFD test result is received.

UPDATE ON THE HOUSEBLOCK EXPANSION AT HMP GUYS MARSH

Planning permission has been granted for the following:

Two-storey T60 houseblock with 121 places, and another smaller houseblock with 60 places. In total, this equates to 181 new houseblock places and the initial construction works commence in summer 2022. In addition to the new houseblocks, the old bricks and plastering workshops will be demolished and replaced by a new workshop;  also building additional ancillaries including a new Offender Management Unit and a sports pitch, as well as expanding other existing facilities including a kitchen and cardiovascular unit.

INITIAL BRANCH OFFICIALS TRAINING (BOT): 28 FEBRUARY – 3 MARCH 2022 THE QUORN GRANGE HOTEL – LOUGHBOROUGH                                                      As you are aware POA Circular 114/2021 requested expressions of interest to attend the above training. Unfortunately, due to the current Omicron variant and related problems, it has been decided to postpone this training.

Branch Officials Training will now take place at Hillscourt, Rose Hill, Rednal Birmingham B45 8RS from 20th – 23rd June 2022 inclusive.

Management Discretion

The NEC are aware of a concerning number of cases whereby line managers at the CM rank are being ordered by their Senior Managers to issue sickness warnings as a matter of routine. This practice goes against PSI 1/2017 Attendance Management Policy that clearly states the following:

2.56 The line manager may use their discretion to decide not to give a Written Improvement Warning. For further guidance on using discretion to issue a warning see My Services. The line manager should consider the circumstances of the absence and the employee’s absence history. If they decide not to give a Written Improvement Warning, they should record their decision and the reasons for it.

If any line manager is ordered to issue a sickness warning they should raise this with their local committee AND submit a grievance for bullying. Local POA reps should inform their area NEC rep immediately if this practice is taking place in their workplace so the Executive may give examples of this practice and address it at Director level. 

WORKING TO IDENTIFY THE SUPPORT AND SUPERVISION NEEDS OF PRISON OFFICERS WORKING WITHIN PRISON ENVIRONMENTS

All POA members are encouraged to respond to this research:

If you are a prison officer, you are invited to take part in this research ‘working to identify the support and supervision needs of prison officers working within prison environments.’ 

When we consider prison, we tend to focus on incarcerated prisoners and their needs. The needs of prison officers working with prisoners, on a daily basis, taking care of prisoners, have been overlooked. It is widely reported that prison officers ‘doing prison work’ understandably find the role stressful, which in turn has adverse effects on both their mental and physical health. However, it is not known what support and supervision prison officers would find helpful and benefit from.

If you would like to take part in this research you will be guided through the consent process and invited to attend a confidential online interview, lasting 60-90 minutes, at a time convenient to you. The interview will be semi structured, and it will focus on the support and supervision needs of prison officers working within prison environments. The interview will be recorded in order for it to be transcribed and analysed by the researcher. The recording will be encrypted and stored on the University of Manchester’s secure server. Once transcribed, the recording will be electronically shredded and all identifiable information will be removed or pseudonymised before being included within the researcher's thesis and any publications, ensuring your identity will remain confidential. The findings from the interviews will help to inform a meaningful and beneficial model of care and support for all prison officers working within prison environments. 

For further information please contact:

Joanne Forsyth

Email Joanne.forsyth-2@postgrad.manchester.ac.uk

Disability Leave

The NEC are keen to hear from any disabled member who has been denied disability leave to attend hospital appointments or recover from treatment etc. If this applies to you, please contact your area NEC representative to highlight your example and seek further advice. NEC contact details can be obtained from your local POA committee.

NASAL NALOXONE

As per POA circular 2/2022 all POA members should note the following:

HMPPS have not entered into any negotiation or consultation in this matter with this trade union, and we would reiterate uniformed staff should not be administering this to prisoners.

POA Scotland

There are currently 1000 prisoners self-isolating due to Covid with 148 confirmed cases. The majority of prison regimes continue to run normally although restrictions may be introduced if staff absences continue to rise . Staff absences due to Covid currently stand at 520. There are not many outbreak sites at present.

Prison reform groups are challenging the Scottish Government over recent legislation that has been introduced that dictates all prisoner mail must be photocopied due to the rise in NPS incidents and the prevalence of this substance in prisoners’ mail.

Pay discussions have commenced. The Scottish Prison Service intend to review Control and Restraint methods.

Northern Ireland

Congratulations go to Ivor Dunne who has been re-elected for another 5-year term as Northern Ireland Area Committee Chair. The Northern Ireland Prison Service continues to experience difficulties in recruitment and retention. Pay discussions have not yet commenced. Due to Covid prisons are experiencing high staff absences, restrictions continue.

C&R Refresher training

Please note the following that has been issued to Governors from HMPPS:

Due to the significant amount of outbreak sites and the problems that are encountered with trying to prioritise staff training additional guidance has been issued to Governors which confirms the following:

Governors are asked to consider the impacts of using the shortened refresher very carefully. It may not be sensible to take this approach and you are encouraged to maintain delivery of the full 8-hour refresher if any of the following apply

• you are part way through a programme of training in use of rigid bar handcuffs
• your staff are carrying and using PAVA regularly or you are part way through a programme of initial training in Prison Officer Personal Safety (POPS)
• where staff in your establishment use force frequently
• if there are identified weaknesses in use of force practice, governance, and leadership
• where disproportionality in use of force has been identified

The full content should ideally be used to refresh C&R advanced trained staff who are relied upon for Tornado commitment, and any staff who have been identified as lacking in competence or confidence to use force in the course of carrying our routine governance or investigation. 

To be eligible to respond under Operation Tornado, C&R advanced staff must have attended an initial advanced or advanced refresher since November 2018 and have attended a local use of force refresher within 18 months of date of deployment. 

There is no policy derogation in place so all staff must attend either the full 8-hour course, or the half day classroom-based course in order to remain in date. Where individual staff have concerns about participating in the close contact elements of the full course (for health reasons) they should be allowed to observe.

Our Prisons remain high risk workplaces and we have witnessed more outbreaks during this wave of Covid than previously. We are approximately 3 weeks behind prevalence rates in our communities, which means we need to remain cautious and vigilant. As restrictions ease in society, we must maintain ours until the spike in infections has peaked and starts to trend downwards. Please ensure you continue to work safely and support each other. If you have any concerns do not hesitate to contact your area NEC representative.

 

Yours Sincerely

 

Mark Fairhurst
National Chair