CIRC 011: NATIONAL CHAIR UPDATE FEBRUARY 2024

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

Razors

It is with immense anger that I once again share with you a report of an attack on a POA member by a cowardly convict armed with a weapon fashioned out of a razor blade. The attack resulted in a Prison Officer being facially mutilated and receiving in excess of 50 stitches. I can report that the POA are actively supporting our colleague.

The NEC continue to proactively engage with HMPPS to remove razors from our workplaces. We have been campaigning for the removal of razors since 2018 and we are still waiting for HMPPS to make a decision about the discontinuation of razors.

All POA members are encouraged to ensure that razors are robustly managed when in prisoners’ possession, ensuring Risk Assessments and Safe Systems of Work for the issuing and retrieval of razors are adequate and ensure staff safety.

The only true mitigation from the risk of razors being used as a weapon is to remove them from circulation.

All local POA committees are encouraged to review their RA and SSOW in relation to razors as soon as they practically can. If any branch wishes to remove razors from their prison due to the intolerable risk they pose please contact your Area NEC representative for advice and support.

It is clear that HMPPS are not taking the threat of razors seriously and are reluctant to protect you at work.

All POA members are reminded that your safety at work is non-negotiable and we will support you and protect you at any cost.

Working Hours

It has been brought to the attention of the NEC that some Governors are refusing the contractual right for Band 3 Prison Officers who are part of Fair and Sustainable, the option to work more than 37 hours per week. POA members should note the following:

Prison officers can apply within a month of completing their initial training to move to 39 or 41 hour working weeks (2 or 4 ACH). They then have an opportunity to apply to change this every 12th month (so about the same period each year).

The prison shouldn’t normally say no to the request, as it was always intended that it is a choice for staff. There might be exceptional legitimate reasons to say no, based on individual circumstances (such as being on long-term sick for example), but there shouldn’t be a blanket refusal to grant ACH.

Staff increasing their hours via ACH can help reduce the overall vacancy gap for prisons, as for prison officers 37 hours is considered 0.95 of an FTE, 39 hours is 1 FTE, and 41 hours 1.05 FT. Having more staff on 41 hours can reduce the training commitment for HMPPS, as it reduces the number of staff that need to be trained in UoF etc. each year. As the TSF for prison officers is based on 39 hours per FTE, having lots of people sign up to 41 hours can mean the prison doesn’t have to employ as many actual people, although this effect is often offset by other staff being on part-time hours. It is customary for prison officers to be able to opt to work ACH, and prisons should be saying yes to these requests, if applied for at the right time, and assuming there are no specific reasons to say no to an individual.

POA members should note that only a maximum of 39 hours per week are pensionable.

If any Band 3 Prison Officer within F&S is denied the option to increase their working hours above 37, they should immediately seek the assistance of their local POA committee who will assist them drafting a grievance.

Incentive and Earned Privileges 

In July 2019, HMPPS published a new Incentives Policy Framework (IPF) which aims to better incentivise good behaviour in prisons. The policy went live on 13^th January 2020.

It has been brought to the attention of the NEC that some Governors are attempting to introduce their own unique bespoke IEP scheme specific to their establishment. Local POA committees are reminded that the only IEP scheme that should be used is the policy compliant one introduced in January 2020 that has been subject to national consultation. Under no circumstances should any prison deviate from the national IEP model. If any Governor attempts to introduce any deviation to the nationally recognised IEP scheme they should ensure it is challenged and seek assistance from their area NEC representative.

Naloxone

POA members are reminded that they cannot be forced or pressurised into ‘volunteering’ for yet another additional skill that requires them to be trained and annually refreshed. The carrying of and administration of prescription drugs is best left to medical professionals. We are aware of meetings being held with staff in an attempt to pressure them into volunteering to carry Naloxone. If POA members continue to volunteer to gain additional skills which aid the business needs free of charge the NEC will never be able to improve your renumeration. We believe all additional skills should be recognised via an annual monetary allowance. Custodial Managers are reminded that it is not a requirement for them to be first aid trained or to carry Naloxone in order to carry out night duties as these tasks are voluntary and staff cannot be forced to gain these skills.

HMP Ford Expansion

A planning application for an additional 120 places at HMP Ford was submitted in October 2021 and granted by Arun District Council Planning Authority in May 2022.

A contractor has now been appointed to deliver the 120 new places, plus an additional 300 places which will in due course replace the 275 places taken out of use due to no longer meeting standards, and the 80 temporary units installed during the pandemic. A pre-planning application for the additional 300 places has been submitted to Arun District Council Planning Authority with a full planning application expected to be submitted shortly. Subject to key decisions such as the planning application, construction is expected to start in the latter part of 2024, lasting approximately one year.

The new 420 places will consist of seven 60-bed houseblocks, with single-cell occupancy, integrated en-suite facilities and include a kitchenette and laundry room on each of the two floors. These units provide the opportunity for offenders to practice independent living in preparation for release.

HMP/YOI Standford Hill Expansion

Planning permission has been granted by Swale Borough Council Planning Authority for an additional 120 places and a new car park.

A contractor has been appointed to deliver these places, plus an additional 120 places which will replace the 80 places taken out of use due to no longer meeting standards, and the 40 temporary units installed during the pandemic. A pre-planning application for the additional 120 places has been submitted to Swale Borough Council Planning Authority with a full planning application expected to be submitted shortly. Subject to key decisions such as the planning application, it is expected construction will start in the latter part of 2024, lasting approximately one year.

The new 240 places will consist of four 60-bed houseblocks, with single-cell occupancy, integrated en-suite facilities and include a kitchenette and laundry room on each of the two floors. These units provide the opportunity for offenders to practice independent living in preparation for release.

FAIR & SUSTAINABLE OPT IN 2023 PENSION CONTRIBUTION DETRIMENT

It has been brought to the attention of the POA NEC that members who opted in to Fair & Sustainable in the Autumn 2023 opt in exercise may have suffered a pension contribution detriment. Members are advised in the first instance to contact MyCSP and request a pension review to establish their recorded rate of pensionable pay from 6th April 2023. If the recorded rate of pensionable pay is different to their initial F&S opt in rate of pay then the member should contact their Area NEC official for advice on how to raise an internal dispute resolution with MyCSP. Please note this only affects members who opted into F&S in the Autumn opt in exercise in 2023.

Market Supplements

Market Supplements are payable to Band 3 Prison Officers (on Fair and Sustainable terms) working in some of the highest priority prisons for recruitment and retention (“Red” and “Red Plus” Sites). It is paid in order to provide a recruitment and retention incentive for staff to work at these specific locations. Market Supplements were first introduced in 2017. They are supplements which have been approved by HM Treasury (HMT) for periods of 12 months only and HMT have kept them under review.

HMT have just agreed to the continuation of Market Supplement payments for the period of April 2024 to March 2025. After 31^st March 2025, the payment of the Market Supplement may be withdrawn altogether, or the amount of any Market Supplement in payment may be reduced.

Key Work

In a recent meeting with Amy Rees CEO, it was confirmed that the agreed Key Work Model currently in place is the Model we work to. It is apparent that some Governors and PGDs have interpreted a communication to them from Phil Copple incorrectly. Under no circumstances should the Key Work Model be deviated from, altered or a reduced key work commitment be proposed. The ask from Phil Copple is to increase key work in prisons not reduce it.

 

Until the POA have a proposal from HMPPS that indicates they wish to change the Key Work Model nothing alters.

All the best

Mark Fairhurst
National Chair