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1. Who can complain to the Ombudman?
2. What can I complain about?
3. When can I complain to the Ombudsman?
4. How do I make a complaint to the Ombudsman?
5. What happens after I have complained?
6. How do you investigate my complaint?
7. How does the Ombudsman decide whether he agrees with my complaint?
8. What does it cost to complain to the Ombudsman?
9. What if I am unhappy with the Ombudsman's decision?
10. Where can I get more information?
1.Who can complain to the Ombudsman?
Prisoners
All prisoners - sentenced and on remand, men and women, adults, young offenders and juveniles, whether in public or private prisons - can complain to us about their treatment.
Anyone on probation
If you are on supervision or licence, or if you have had a Pre-Sentence Report written about you, you can complain to us if you feel you have been treated unfairly by the National Probation Service.
Immigration removal centre detainees
Anyone detained in an immigration removal centre can complain to us if they feel they have been treated unfairly.
Although we can’t normally accept complaints from third parties, a lawyer can complain to us on your behalf.
Those in prison or on probation can complain about almost anything to do with the way the Prison Service or a contracted prison or National Probation Service has treated you, except for parole decisions and a few other circumstances that rarely apply. (We will tell you if they do.)
Immigration detainees can complain to us about their treatment in detention, but not about the reasons for detention or their immigration status.
3. When can I complain to the Ombudsman?
You must have tried to use the internal complaints system of the prison, probation area or immigration removal centre, before applying to the Ombudsman.
If you are not satisfied with the final reply after any appeals you have made, you can then complain to us. You must do this within 3 months of receiving your reply. If you have not had a reply within six weeks you can complain to us then.
4. How do I make a complaint to the Ombudman?
To make a complaint to the Ombudsman you can:
• fill in and send us a complaints application form
• call us on 020 7035 2876 for prison and probation complaints or 020 7035 2898 for immigration complaints
• write to us at:
The Prisons and Probation Ombudsman
Ashley House
2 Monck Street
London
SW1P 2BQ
We only need brief details at first but it helps if you send copies of any papers and your complaint appeal. We will contact you if we need any extra information.
If you are in prison and you don’t want staff to read your letter, you should write to us using Confidential Access. The prison will pay for the postage whether you use a form or write us a letter.
See What to expect when you make a complaint for more information on how we investigate your complaint.
If you have a problem reading or writing, ask a friend or relative to help.
5. What happens after I have complained?
We will read your complaint and write to you within 10 days, telling you whether or not we can accept your complaint. If we do not accept your complaint we will explain why.
6. How does the Ombudsman investigate my complaint?
We will gather information about your complaint form from you, from the relevant organisation and from anyone else we think might be able to help. We will then try to settle your complaint in one of the following ways:
• local resolution – this means trying to find a solution that you and the prison or probation area or removal centre can both agree on. This is often the quickest way to deal with the complaint.
• a brief report or letter – we use this when the two sides cannot agree. It can also be done quickly.
• a full report – we also use this when the two sides cannot agree. It is more detailed than the brief report and takes longer to prepare.
We aim to deal with your complaint in one of these three ways within 12 weeks of starting the investigation.
If we agree with your complaint, the report will also include a recommendation to the relevant organisation about what they should do to put things right.
7. How does the Ombudsman decide whether he agrees with my complaint?
We deal with all complaints by taking a fresh look at the evidence and then reaching a judgement about what is the right thing to do. Whatever the outcome of your complaint, we will always tell you the reasons behind our decision.
8. What does it cost to complain to the Ombudsman?
Nothing. The service is provided to you free of charge.
9. What if I am unhappy with the Ombudsman’s decision?
Our job is to make judgements on complaints, but you may not always agree with our decisions. This applies to decisions on whether we can accept your complaint (what we call its eligibility) and also decisions at the end of an investigation.
You may wish to write back if you receive a letter rejecting your complaint, or following a draft report, to say that you do not agree that we have investigated properly. You may feel that we have missed the point or that we have failed to obtain sufficient information before making our decision.
If you do raise something that suggests that our original conclusions were wrong, we will do some further work (and, in the case of rejected complaints, re-open the case). Whenever we decide to do so, we will inform you straightaway.
If we are still not persuaded that it would be right to alter the original conclusions, we will write to you to explain why.
If you still remain dissatisfied, and provided that it is about a prison/IRC complaint, you have the right to complain to the Parliamentary Ombudsman (www.ombudsman.org.uk). The Parliamentary Ombudsman can investigate complaints from people who claim to have suffered injustice as a result of maladministration by us. Your complaint will have to be referred to the Parliamentary Ombudsman by a Member of Parliament.
10. Where can I get more information?
Call us: 020 7035 2876
Write to:
Prisons and Probation Ombudsman
Ashley House
2, Monck Street
London
SW1P 2BQ
Email: mail@ppo.gsi.gov.uk