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 Ben Gunn - After Woolf: Injustice Still Rules

 

It is ironic that of all people, prisoners have a highly tuned sense of justice and injustice. I've always thought that this comes out of the particularly intimate relationship that we have with the power of the State, which is unlike that endured by the average Joe in his daily life. For us, it is up close and personal.

Normally, no one would give a damn how we feel about things, but there was a single point in time when it actually mattered - the 1990 riots. Thousands of cons across the estate shook off the shackles of lethargy and went on the rampage. There were five major riots and by the end of the month, around 22 prisons had some type of disturbance. The prison system came within a whisker of being broken.

The inquiry into these riots was undertaken by Lord Woolf, later Lord Chief Justice, and was remarkable for two things. Firstly, the inquiry actually went out to get the views of prisoners; this was unheard of; secondly, his conclusion as to the causes of the riots avoided the usual pitfall of claiming it was just cons being scumbags. Instead, Woolf concluded that prisoners felt aggrieved that … "the Prison Service had failed to persuade these prisoners that it was treating them fairly". As another criminologist put it rather nicely … "the intensity and extent of the disorders is only intelligible in the face of a widely shared sense of grievance and injustice" (Sparks 1996).

The question is, has anything changed? And if it has, is it for better or worse? In an effort to solve the problem of perceived injustice and the structural deficiencies in the prison system, Woolf made 12 major recommendations. Some of these are dull management-related stuff, and I'll do you a favour by skipping over those. Yet others were spot on, directly affecting our daily conditions. Those were important. Did they ever leap from the pages of good intentions to become reality? Let's have a shufti...

Woolf Recommendation 3:
"Increased delegation of responsibility to Governors of Establishments."

Different prisons have different population mixes, by gender, age, sentence, offence type, education needs etc. Sounds obvious, as does Woolf's idea for allowing Governors more leeway in how they operate their prison. So over the following decade after Woolf, the Prison Service went on a mission to weigh Governors down with a ton of Orders and Instructions and took away what little discretion they had. The Prison Service is now controlled from the centre in a way never before imagined, and this leads to restricted regimes that are meant to fit all prisoners in all prisons. This situation is far worse now than it ever was.

Recommendation 4:
"An enhanced role for prison officers."

The POA are forever whining that screws are treated like turnkeys and that they have little to do with the actual work done with prisoners. This may have something to do with the fact that the POA fosters a prisoner-hating attitude, which tends to limit how much their members will interact with cons. Not even the personal officer scheme works in anything but name in most nicks.

Recommendation 5:
"A 'compact' or ‘contract’ for each prisoner, setting out the prisoner's expectations and responsibilities in the prison in which he or she is being held."

The idea here was quite clever but it didn't get off the ground until 5 years had passed and when it did, it came in the form of the IEP Scheme. I'll come back to this later.

Recommendation 6:
"A national system of Accredited Standards with which, in time, each prison establishment would be required to comply."

The hope was that as prisons achieved these standards, they would become legally enforceable. Instead, the Prison Service published the Standards Manual and made it plain on page 1 that these are in no way legally enforceable standards.

Recommendation 7:
"A new Prison Rule that no establishment should hold more prisoners than is provided for in its certified normal level of accommodation (CNA) with provisions for Parliament to be informed if exceptionally there is to be a material departure from that rule."

The Prison Service dealt with this in a spectacularly slippery way - they just changed the title. They don't work off ‘certified normal accommodation’ anymore; they work off ‘operational capacity’ - which is the maximum number of people you can squeeze into cells before there is a major kick-off. So overcrowding hasn't been dealt with in any way, shape or form 18 years after it was identified as a major contributory factor in riots.

Recommendation 8:
"A public commitment from Ministers setting a timetable to provide access to sanitation for all inmates at the earliest practicable date, not later than February 1996."

I remember hearing the Minister announce that slopping-out had ended in 1996. I would have been more impressed if I hadn't been carrying my bucket to slop out at the time. It still hasn't completely gone

 

 

Recommendation 9:
"Better prospects for prisoners to maintain their links with families and the community through more visits and home leaves, and through being located in community prisons as near to their homes as possible."

This is simple to deal with - our visits entitlement hasn't changed in over 40 years and due to stupid security levels, the number of visits has collapsed since Woolf. Home leaves were hammered from the mid-1990's, as a matter of deliberate Ministerial policy. And community prisons just never happened. Keeping us near to home is ‘hit and miss’ at best, and plays no part in the allocation process.

Recommendation 10:
"A division of prison establishments into small and more manageable and secure units."

As this recommendation has to do with physical control, the Prison Service adopted it. This is why millions of pounds’ worth of bars and gates sprung up across the estate, allowing them to seal off wings and create sterile areas for the Mufti to muster. It has nothing to do with the causes of riots - injustice - and everything to do with limiting our ability to protest. What totally screwed up thinking!

Recommendation 11:
"A separate statement of purpose, separate conditions and generally a lower security categorisation for remand prisoners."

Never happened and never will. Remands always have had the very worst conditions and regimes, and that appears to be a permanent ‘given’. The fact that remands are innocent is of no interest to the Prison Service when it comes to treating them decently.

Recommendation 12:
"Improved standards of justice within prisons involving the giving of reasons to a prisoner for any decision which materially and adversely affects him; a grievance procedure and disciplinary proceedings which ensure that the Governor deals with most matters under his present powers; relieving the Board of Visitors (now of course the Independent Monitoring Board) of their adjudicatory role; and providing for final access to an independent Complaints Adjudicator."

This one did grow legs and changes did happen. The first was a formal complaints process. On paper, a good move. In reality, it depends on staff being willing to admit that they can occasionally be imperfect. As that never happens, the responses to complaints universally fall under the heading of ‘fob-off’. This only pisses us off more, and so a part of the system intended to foster a greater sense of justice actually does the opposite. Genius!

Adjudications are fairer (not fair, only fairer) but not because staff decided to make them, so; it was because of the law and judges taking an interest. The legal representation bit and independent adjudicator were forced onto the system by the courts.

As for the BoV ... a change of name to IMB doesn't begin to make up for the widespread indifference of many members. My views on the ‘independent complaints adjudicator’ (Prisons Ombudsman) were published recently in Inside Time. [See: August 2008 issue]

This brings me back to number (5), the IEP Scheme. This wasn't quite what Woolf intended but rather what the twisted minds of Prison Service HQ could do with a good intention. Rather than having a mutual understanding between cons and the prison as to what is expected of either, the IEPS has evolved into the perfect tool for petty-minded staff to screw over cons who dare to act other than like robots. What was intended to be a means of fostering a sense of justice and fairness has become one of the most deeply entrenched sources of grievance across the whole system.

So have things got better since Woolf? Is there a greater sense that we are being treated more fairly and justly? Given that most of Woolf's recommendations never became reality, then I have to say ‘no’. In fact I'll go even further; the rise of Sentence Planning, the IEPS, Offending Behaviour Programmes and risk assessments has given rise to a whole new layer of injustice and unfairness.

We may now pee into steel instead of plastic, and have the dulling effects of EastEnders to lull us through the years (punishment enough), but I have always said that the physical conditions of imprisonment were not really the point. I don't care if the paint is peeling, or whether I have a PlayStation. The essence of imprisonment is powerlessness, of having your life completely controlled by others. The way this control is exercised is what gives rise to feelings of injustice and this has not improved. Worse than that, by ignoring and subverting the recommendations made by Woolf, the Home Office and Prison Service deliberately refuse to address the central source of prisoner discontent and disorder; perceptions of injustice. And by only enacting the Woolf recommendations that squeeze us further, the Prison Service signals its contempt for those in its charge. Never mind their declarations, their speeches and their logos; the Prison Service can be measured by its actions. Rather than address perceptions of injustice, they tooled up with C&R and new physical security. Their concern isn't with injustice; their concern is controlling us and our protests against injustice. This is a high risk game and there may come a time when they bitterly regret ignoring both Lord Woolf and ourselves.


 

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