Review confirms inmate complaint processes

6 May 2005

The findings of a Ministry of Justice review of prison inmate complaint processes have confirmed the design of the existing complaints process and the effectiveness of prison inspectors.

The review was undertaken at the direction of Cabinet to inform Select Committee deliberations on the 'Prisoners' and Victims' Claims Bill'.

Department of Corrections Chief Executive Barry Matthews is pleased the review endorsed the current three-tier approach and, in particular, the important role played by prison inspectors.

The review provided the opportunity for an independent party to take a close look at existing inmate complaint processes to identify what works and areas for improvement, said Mr Matthews.

The prison complaints process is based on a three-tier approach:

1. prisons' internal complaints mechanism
2. investigation of a complaint by the prison inspectorate
3. investigation of a complaint by an Ombudsman.

The review found that prison inspectors make a substantial contribution to the well-being of inmates. It also highlighted the role of the Ombudsmen as independent investigators of prisoner complaints.

Issues identified by the review include:

• effectiveness of the internal complaints system and problems around the recording of complaints
• the number of low level, operational complaints made directly to the inspectors and Ombudsmen rather than through the internal complaints system
• the timeliness of responses from the Department to the Ombudsmen.

The Corrections Act 2004, which comes into force on 1 June 2005, will result in a number of improvements to the inmate complaints process.

Under the Act, procedures for the internal complaints system are included in the new regulations rather than the Public Prisons Service Policy and Procedure Manual, which has no formal statutory basis.

Increased reporting and auditing obligations will improve reporting of inmate complaints that are resolved internally, and the voluntary Protocol that exists between the Chief Executive and the Chief Ombudsman will become mandatory.

Mr Matthews said the Department has taken steps to improve its working relationship with the Office of the Ombudsmen, such as more regular meetings, and made a commitment to improve the timeliness of its responses to the Ombudsmen.

"We have started to address the issues raised by the review, and will report back to the Ministers of Corrections and Justice by the end of November on our efforts to resolve those issues and on the impact of the Corrections Act," said Mr Matthews.