CIRC 083: NATIONAL CHAIR UPDATE OCTOBER 2024

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

 

Naloxone

HMPPS intend to force all band 3-5 Prison Officer grades to train to administer Naloxone. They maintain this does not change your terms and conditions. The NEC have lodged a National Dispute as this clearly does alter your terms and conditions. We will keep you updated as this dispute progresses. POA members should note that Naloxone training is for those who volunteer only. Whilst the National Dispute is live the status quo ante prevails. No POA member can be coerced, threatened, bullied or ordered to volunteer to administer Naloxone.

  

HMP Northumberland

HMP Northumberland have reported issues with Reinforced Autoclaved Aerated Concrete (RAAC). Surveys have taken place where RAAC is present. The following areas have been closed: 

Security Building.  

PINS monitoring Room – they are looking where they can move this to ensure security and public protection.

3 Storerooms/Plant Rooms.

Healthcare – 2 clinics to close.

L&D - 6 rooms to close but relocate to ensure POELT provision continues.

Gym 1 – Revised timetable to be produced. Working with HMPPS to explore alternative gym provision.

Activities/Workshops – looking at alternative workplaces for the prisoners employed here.

Houseblock 2 – To be decanted (approximately 120 prisoners).

 

POA Scotland

HMP KILMARNOCK: Following the transfer of HMP Kilmarnock to the public sector in March the staff were being governed under Transfer of Undertakings Protection of Employment (TUPE) regulations. The Scottish National Committee (SNC) engaged in negotiations for several months in an attempt to push for a better deal for the staff, and although the Scottish Prison Service (SPS) moved on some elements of the offer it wasn’t far enough and the SNC lodged a trade dispute in August. The SNC were invited back to the table for further talks and finally got to a position where the offer from the SPS was significantly improved and followed with a workplace ballot. The offer was overwhelmingly accepted (98.5%) and will take effect from the 1^st December 2024.

Despite the Early Release legislation that was enacted in June that saw around 500 prisoners released to free up space, Scottish prisons are back up above the original number already. The estate was sitting at 8250 (circa) at the time of the release and are now fluctuating between there and above the 8300 mark. More worryingly is the fact that the numbers are continuing to rise and the Government’s own predictions are for numbers to rise to 8700 by December and potentially as high as 9200 by March 2025.

 

Northern Ireland Area Committee POA

Pay negotiations between the POA and Northern Ireland Prison Service (NIPS) have been reached. The Pay Review Body (PRB) accepted the written proposal from the POA and there was no need for the Area Committee to provide oral evidence. The Area Committee are now awaiting a response from the PRB.

 

Pay Award 2025-26

The Prison Service Pay Review Body have activated their remit letter to all recognised unions within HMPPS. The NEC are currently working on written submissions.

 

Disclosure of material to Prison Probation Ombudsman investigators

All POA members need to be made aware that HMPPS intend to randomly view CCTV coverage to ensure that staff have completed ACCT checks. This is due to several instances where staff have completed ACCT books but have failed to carry out the physical checks, resulting in some tragic circumstances of deaths in custody.

Under no circumstances should POA members sign an ACCT document unless they have actually completed a physical check of the prisoner subject to the ACCT.

HMPPS are obliged to disclose to the Prisons and Probation Ombudsman (PPO) any relevant information that assists their investigations.

A recent example of this type of disclosure occurred in a case in which the investigator discovered that observations that were recorded in an ACCT document had not in fact taken place.  In accordance with the PPO’s policy in such cases, this was referred to the police.  And in order to determine whether this was an isolated incident or a more widespread practice at the prison, the investigator also sought access to other randomly selected ACCT documents and the associated CCTV footage.  This material has been provided.

Governors have been instructed to incorporate within their local Safety Strategy provision for regular scrutiny of a random sample of CCTV footage to provide assurance that the observations that are recorded in the ACCT documents in establishments are in fact carried out. 

Employers do have a right to monitor employee performance in the workplace, especially where safety and security are concerned 

It is essential that local POA committees immediately engage with their SMT’s to formulate a local agreement that ensures the following:

• Employers must have a written policy in place explaining how the footage can be used and the potential for disciplinary/police action should non-compliance be discovered. 

• In addition, as this is a new reason for CCTV monitoring, a data Protection Impact Assessment is completed for the processing activity and the stipulated Data Controller is mentioned within the policy.

POA members should note that this applies to ACCT checks only and is not a means via which Governors can monitor that other daily tasks are being completed.

If local POA committees need assistance they may contact their area NEC Representative.

 

Removal of wet shave Razors

On 21^st May 2024, the then Prisons Minister, Edward Argar, announced the decision to remove wet-shave razors from adult male closed prisons and replace them with bespoke electric razors, starting initially in approximately 30 prisons. HMPPS have identified 31 prisons most likely to benefit from the implementation of electric razors. A staggered rollout is scheduled to start in November and is expected to be completed in March 2025. The prisons listed have been selected to be part of that initial phase.

Bedford, Deerbolt, Norwich, Belmarsh, Durham, Pentonville, Berwyn, Feltham (B), Portland, Birmingham, Guys Marsh, Preston, Brinsford, Hewell, Rochester, Bristol, Hindley, Swinfen Hall, Brixton, Humber, Wakefield, Bullingdon, Isis, Wandsworth, Cardiff, Leicester, Winchester, Chelmsford, Lewes, Coldingley and Lindholme.

 

NHS Staff side Council

The POA have been sidelined for decades by some of the health unions preventing us getting a full seat on the NHS Staff Side with voting rights. After further campaigning another vote took place and the POA have been granted a full seat on the NHS Staff Side. This is a major success for the POA and a game changer for our members in secure hospitals and healthcare settings in our prisons. A long campaign has finally paid off.

 

‘Welfare Logs’

All POA members and local committees are reminded that under no circumstances should any POA member complete any type of ‘welfare log’ when a prisoner appears to be ‘under the influence’ (UTI). If a prisoner is UTI healthcare should immediately be called and if the prisoner requires further observations, then official processes already exist to do this which may include opening an ACCT, admitting to healthcare or calling an ambulance. Furthermore, all Governors have been instructed from their Directors to remove any form of welfare log with immediate effect.

All POA members are instructed to note the following:

“For the avoidance of doubt no POA member should complete any type of welfare log when a prisoner appears to be under the influence. There is no recognised national policy in place covering welfare logs. Any order to complete a welfare log is an unlawful order and should be ignored. Local POA committees should immediately lodge a local dispute if any senior manager attempts to introduce any type of welfare log.”

 

Staff in Probation Period

All local committees and POA members who are subject to a 12-month probation period should note that sickness trigger points are as per Supporting Attendance Policy and Procedure September 2024 para 55 (previously PSI 1/2017). There can be no other interpretation and no other calculation when it comes to issuing warnings because of attendance management issues.

An employee with a 12-month probation period would have a trigger point of eight working days and four spells, this is the same as employees not in a probation period.

 

Workplace Support HMPPS

POA members working within HMPPS in England and Wales should note the following initiative from the employer:

Are you feeling stressed at work? Free confidential support from Maximus 

Maximus are launching a campaign aimed at reaching out to individuals who may be struggling with workplace stress.

To support those in need, we will be offering special one-to-one appointments for individuals facing stress related to their work. Participants will have the opportunity to access up to nine months of support through the Access to Work Mental Health Support Service.

If anyone is experiencing stress that impacts their work, we invite them to take advantage of this valuable support.

For further details on the Access to Work Mental Health Support Service, please visit atw.maximusuk.co.uk.

 

HMP Dartmoor

We still await a decision on the remedial work that needs to be commissioned to ensure Radon is eradicated from Dartmoor so it may reopen. Unfortunately, the contractor responsible for the estimate has entered liquidation, which further delays the decision. The NEC are working tirelessly behind the scenes to ensure staff are supported and a decision on Dartmoor’s future is made in a timely manner, so staff have certainty. We want Dartmoor to remain open and remedial work approved.

POA members at Dartmoor are our priority and we fully understand the difficulties they face. If any POA member at Dartmoor wishes to raise any concerns with me, I can personally guarantee I will respond to them. I can be contacted on the following email:

mark.fairhurst@poauk.org.uk

 

POA Survey

Many thanks to all those POA members who completed the POA Survey. The results will now be used to assist with our Pay Submissions.

 

All the best.

 

Mark Fairhurst
National Chair