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Fork in the road or end of the road for IMBs?

The first of April had always been April Fools Day, a day to play jokes and when living in France sticking paper fish on each other’s backs.

But in 2016, all that changed. It was as though I had swapped the fish on my back for a target. On the first of April, I was invited to write an article in The Prisons Handbook with a deadline of a week later. The subject matter, My experiences of the Independent Monitoring Board (IMB).

I had been a member since December 2012, Vice-Chair for two years and the Chair for three months. My life had been overtaken with not just monitoring my local prison HMP/YOI Hollesley Bay but managing my team of nine individuals. I was tired and frustrated to say the least and the invitation by the Editor Mark Leech was just what I needed to release my thoughts. I had already written half of it even before Mark asked me as I often wrote to clear my head. 

Daisy Mallet

Daisy Mallet

We had agreed that I would not put my name on the piece but to use a pseudonym. For me it was important for issues to be raised and not my profile. So, the author ‘Daisy Mallet’ was born and the article “Whistle-Blower without a whistle” was ready for publication, on time.

Sometimes you have to expect the unexpected

The President of the IMB, John Thornhill received a copy of my article before publication and sent it with a covering letter to every member of the IMB, including the Secretariat basically dismissing everything I had raised and added that he had forwarded it to the Ministry of Justice lawyers!

Oh boy I had opened a can of worms. Not the first time and probably not the last.

Two years previously the MoJ had commissioned, at taxpayers’ expense, Karen Page Associates to review the IMB. Its conclusion was that the IMB needed root and branch reform. They were so right, each board operating as a separate entity.

It wasn’t long before it was discovered that the author of the article was in fact me and to this day I don’t know how that happened.

There was nothing earth shattering about my article, I raised similar points to the Karen Page review so why did the MoJ/IMB try to shut me down and silence me? The Ministry of Justice, President of the National Council, IMB Secretariat, National Council and the local IMB board all decided that I needed to be shut up and shut up quickly.

The bullying started, then the intimidation, then the lies and then the prejudicial character assassination.

Over a period of nine months, they all tried unsuccessfully to silence me, I was suspended from my position by the Prisons Minister, investigated twice by the Ministry of Justice, faced a disciplinary hearing in Petty France, and finally dismissed from my role by the next Prisons Minister and banned from membership of the IMB for five years.

All because I told the truth.

But I stood by all I had written.

And still do.

Media interest

During this period, I was inundated with requests by the press for interviews, local, national and international, catapulted into the media world, a world I had little knowledge of. Suddenly my story was not only out in the open but was in every prison across the country. I was listened to and the invisible walls surrounding the IMB were slowly but surely crumbling away.

It wasn’t just me that had come to the realization that the IMB had become an ineffective organisation, its mission statement was not fit for purpose, claiming that:

“Their role is to monitor the day-to-day life in their local prison or removal centre and ensure that proper standards of care and decency are maintained”

In my experience this was grossly misleading because they were unable to ensure anything. I had seen for myself that proper standards of care had not been maintained in prisons and neither had proper standards of decency been maintained. In reality the IMB had therefore comprehensively failed in its purpose.

Not shutting up and not going away

Over the past 10 years I have not stayed silent and continue to write articles, some controversial, not just on my own blogsite www.thecriminaljusticeblog.com  but in magazines, newspapers and journals around the world.

A respected leader in the justice sector recently wrote this about me:

“Faith Spear is an independent criminal justice commentator, criminologist, and the author of The Criminal Justice Blog. She has become a powerful voice in the national conversation about prisons, justice, and reform.

Drawing on research, frontline insight, and lived experience, Faith shines a light on the realities of the prison system and the people within it. Her work is grounded in a simple belief: if we want a safer and fairer society, we must be willing to ask difficult questions and challenge the systems that are not working.

Through her writing and public commentary, Faith brings attention to the issues that too often remain hidden. She amplifies voices that are rarely heard, exposes systemic failings, and encourages honest dialogue about what meaningful reform should look like.

Over the years she has built a reputation as an advocate who is thoughtful, courageous and unafraid to speak truth to power. Her work seeks not only to highlight problems but to encourage solutions rooted in humanity, fairness, and hope”.

This accurately portrays what I have tried to do all along. Despite the pain, stress and abuse I have endured as a result of writing “Whistle-blower without a whistle”, I would not want to turn back the clock.

Ten years after my article was published, the IMB is still far from being independent, members are still not paid for the work they do, and annual reports are left sitting on the proverbial shelf to collect dust. Year after year the same issues are raised with little progress.

The President has been replaced by a National Chair; more layers of management have been introduced, and now an interim National Chair is in place, that person is Jane Leech (no relation to Mark)

Do I have high hopes for change?

No, not really and that’s because I have come across that name before.

The same Jane Leech was on the panel which considered my complaint of being bullied by members of my board in our April 2016 board meeting. My complaint was dismissed out of hand.  “that on a balance of probability (9 members versus myself) the complaint has not been substantiated”. This was on the basis of the evidence that was provided. That speaks volumes. In actual fact the members of my board had blindsided the investigator, they colluded against me and the panel including Jane Leech had accepted their assertion that “…there is consistent evidence that the meeting was managed in a professional and calm manner”.

It wasn’t professional and it wasn’t calm. It was bullying in the workplace, pre-meditated and organised with prior knowledge of the MoJ. They know it and I know it.

Exceptionally, no minutes of that meeting were to be found. The panel pointed out that formal minutes would have assisted in assessing what was said and by whom.

We always minuted every meeting.

The panel also mentioned that no independent person was present.

I’m sure that was intentional too.

I still have many questions, but I doubt they will ever willingly give me the answers.

The membership of the IMB has halved since I was part of it.

Their mission statement has changed too:

“IMB members are the eyes and ears of the public, appointed by ministers to perform a vital task: independent monitoring of prisons and immigration detention. They report on whether the individuals held there are being treated fairly and humanely…”

You can report all you like but when IMB annual reports are already wildly out of date by the time they are published and some IMB’s fail even to write an annual report, does the public receive the true picture of the crisis within our prisons?

Slow painful demise of IMBs sped up by cost cutting of all Arm’s-Length Bodies across government

Between writing this article and publishing it, the Insidetimes newspaper had a scoop, the headline:

“EXCLUSIVE: Prison watchdog merger spells the end for Independent Monitoring Boards”

The Independent Monitoring Boards, HM Inspectorate of Prisons and Lay Observers are to merge as a cost-cutting exercise as a result of a review within the Ministry of Justice.

This hasn’t come as a surprise to me as there have been many whispers in the so-called corridors of power in Westminster. In addition, in 2020 I was involved in writing a response on behalf of several charities in the consultation “Strengthening the Independent Scrutiny Bodies through legislation”

The final question: “Do you think that HMI Prisons, the IMB’s, and the Lay Observers should all be merged under HMI Prisons (the Scottish model) reflecting what HMI Prisons Scotland have where HM’s Chief Inspector of Prisons for Scotland (HMCIPS) has the responsibility for prison inspections, prison monitoring and prison escorts? Please give a reason/s for your answer.”

Five years and countless Justice Ministers later and the watering down of scrutiny bodies will be reaching its conclusion. In what form the merger will take place, who knows. But in my experience, cost cutting schemes rarely bring about effective solutions.

One thing I will be delighted about is that there will no longer be an independent monitoring board that is everything but independent. Hopefully the new revised organisation will finally fulfil its remit as part of the National Preventative Mechanism (NPM) and OPCAT.

But what I do know is that our prisons are in crisis and reform of our prisons is taking too long.

Keir Starmer whips AGAINST Lord Thomas amendment to end shocking #IPP scandal as campaigners vow to fight on

Campaigning Lawyer and CEO of CAMPAIGN FOR SOCIAL JUSTICE Peter Stefanovic – who’s films have been watched hundreds of millions of times online – has posted a new film calling on Prime Minister Keir Starmer to end the IPP scandal once and for all by adopting a plan drawn up by Lord Thomas, the former Lord Chief Justice.

Peter Stefanovic, CEO Campaign For Social Justice

BACKGROUND

IPP sentences were introduced in England and Wales by the then New Labour government with the Criminal Justice Act 2003. It sought to prove it was tough on law and order by putting in place IPP sentences to detain indefinitely serious offenders who were perceived to be a risk to the public. However, they were also used against offenders who had committed low-level crimes, resulting in people spending 18 years in jail for trying to steal a coat or imprisoned for 11 years for stealing a mobile phone. In one instance 16 years in jail for stealing a flowerpot.

UNLAWFUL

In 2012, after widespread condemnation and a ruling by the European court of human rights that such sentences were, “arbitrary and therefore unlawful”, IPP terms were abolished by the Conservative government. But the measure was not retrospective, and thousands remain in prison.

Over 90 people serving sentences under the discredited IPP regime have sadly taken their own lives whilst in prison. In 2023 we saw the second year in a row of the highest number of self-inflicted deaths since the IPP sentence was introduced.

Former supreme court justice Lord Brown called IPP sentences: “the greatest single stain on the justice system”. When Michael Gove was justice secretary, he recommended, “executive clemency” for IPP prisoners who had served terms much longer than their tariffs. But he didn’t act on it. Lord Blunkett, the Labour Home Secretary who introduced the sentences, regrets them, stating: “I got it wrong.” And more recently, Dr Alice Edwards, the UN rapporteur for torture has called IPP sentences an “egregious miscarriage of justice.” Even former Justice Secretary Alex Chalk KC has called them a stain on the justice system, yet despite that, the previous Conservative Government refused to implement the Justice Committees recommendation to re-sentence all prisoners subject to IPP sentences.

CAMPAIGN FOR SOCIAL JUSTICE

Their families and campaign groups have been fighting to end this tragic miscarriage of justice for more than a decade and films posted online by social media sensation and campaigner Peter Stefanovic have ignited a wider public storm on this tragic miscarriage of justice gathering millions of views.

You can watch Stefanovic’s latest film here:

https://x.com/peterstefanovi2/status/1937394593672089988?s=46&t=g6PUk4YExrOYprJSzQZ3lw

It is not surprising that the public reaction to his films have been one of shock, outrage, and disbelief.

PUBLIC SUPPORT

Stefanovic has said: “The public support for my films has been overwhelming and the comments they are getting are a testament to the public’s anger, outrage and disbelief at this tragic miscarriage of justice.”

HOPE FOR JUSTICE

Now – the Labour government is being given the chance to end this monstrous injustice once and for all by adopting a plan drawn up Lord Thomas, the former Lord Chief Justice.

An expert working group convened by The Howard League and led by Lord Thomas has come forward with considered proposals aimed at protecting the public while ending the long-running IPP scandal.

Below are the members of the working group:

Farrhat Arshad KC, barrister

Dr Jackie Craissati, clinical and forensic psychologist  

Andrea Coomber KC (Hon), Chief Executive of the Howard League for Penal Reform

Dr Laura Janes KC (Hon), solicitor  

Dr Frances Maclennan, clinical psychologist

Andrew Morris, served IPP sentence

Dr Callum Ross, forensic psychiatrist

Claire Salama, solicitor Sir John Saunders, retired High Court judge and former Vice Chair and member of the Parole Board

Professor Pamela Taylor, psychiatrist and academic

Paul Walker, Therapeutic Environments Lead for the OPD Pathway (HMPPS)

The working group’s report puts forward six recommendations – the most important of which is a change to the Parole Board test which would require the Parole Board to give people on IPP sentences a certain release date, within a two-year window, and to set out what action is required to achieve that safely.

Setting a date of up to two years provides a long period of time to enable professionals and statutory agencies to work together and help the person to prepare for a safe release – it completely knocks on the head any argument the justice secretary has previously raised about public safety and will end once and for all one of the most cruel and monumental injustices of the past half century.

Campaigners have hit out at the “short-sighted” decision not to include prisoners on indefinite sentences in the plans announced by the government to reduce the prison population.

The government has recently published its long-awaited sentencing review, led by former Conservative justice secretary David Gauke, who recommended that some offenders who behave well in jail only serve a third of their term in custody before being released. Yet the Chair of the Justice Committee, Andy Slaughter MP has raised the point recently that “Even if David Gauke’s recommendations are wholly successful the prisons will still be full, and this has unintended consequences.”

With Government Ministers saying they have inherited a prison system “on verge of collapse” Stefanovic says this is “nonsensical”.

He concludes his latest film saying:

“With our prisons at breaking point now is the time for James Timpson – the prisons minister and Labour peer to accept this sensible, workable and detailed plan and seek to close this shameful chapter in the history of British criminal justice. If the Justice Secretary refuses to sign off on this plan for fear of handing ammunition to ignorant critics who accuse her of being soft on crime the Prime Minister, a former director of public prosecutions, who understands the criminal justice system better than any minister should instruct her to act on the proposals – because the simple fact is that by refusing to do so Keir Starmer’s government would become responsible for allowing one of the most cruel, inhumane and monumental injustices of the past half-century – a scandal rightly described as a stain on our justice system – a scandal described by the UN rapporteur for torture as an egregious miscarriage of justice and psychological torture – and which likely breaches Article 3 of the Human Rights Act – to be continued and perpetrated – and I for one cannot believe that that is what a Labour government would want to happen”

Update:

We have now found out that Keir Starmer has whipped against Lord Thomas to end this shocking IPP scandal.

Prisons: still we build them and still we fill them

Transcript of speech by Faith Spear FRSA delivered at Battle of Ideas, Church House, Westminster, London on 20 October 2024.

I’m not a political person… I’ve never wanted to get involved… I don’t like the idea of having to play to someone else’s tune and say things I don’t necessarily believe in.

For those who know me, they would say that this sounds like something Faith would say, but it wasn’t me this time. In fact it was James Timpson – Lord Timpson, Minister of State for Prisons, Parole and Probation – talking with Andy Coulson in an interview a couple of years ago.

Now as Prisons minister, he must have changed his tune?

In the same interview he also said that instead of people serving 50% of a sentence in prison, this should be reduced to 25%. I wonder if he has changed his mind about that too?

But one thing that I have said repeatedly is:

“We have to stop this madness of believing that we can change people and their behaviour by banging them up in warehouse conditions with little to do and not enough to eat and sanitation from a previous century.

The prison estate is running out of space and Early release schemes have been implemented by the new government to avoid gridlock in the justice system.

Mainstream media frequently report on prisons in England and Wales that are squalid and fuelled by drugs.

I have seen it for myself and have been writing about it for over 10 years. The lack of rehabilitation, the lack of education, lack of purposeful activity, overcrowding, understaffing, gang related violence.

Yet still we build them and still we fill them.

In 2016 I was invited to write an article from my experience as a chair of an Independent Monitoring Board (IMB) in my local prison in Suffolk. It was factual, honest and challenged the independence of the IMB. Even before it went to print in The Prisons Handbook, I received notification that it had been sent to the Ministry of Justice lawyers.

What followed was 9 months of hell; I was bullied, suspended from my role, gagged and investigated by the MoJ – twice – called in front of a disciplinary hearing at Petty France and then dismissed.

Two Prisons Ministers were involved in the whole debacle.

My crime? I broke the IMB code of conduct.

One of the investigators wrote:
In my view she breached the code of conduct, but as there is no clear IMB code of conduct or any reference to the Cabinet Office guidance, this was not entirely Ms Spear’s fault.”

Allegedly I broke the code of conduct which did not exist.

Even the then President of the IMB wanted to rewrite the ‘Constitution Template’, to close a loophole to dissuade others in the IMB from speaking out.

Not the last bastion of chauvinism I have come across.

HM Chief Inspector of Prisons, Charlie Taylor, is saying the same things today as I said then. He’s paid to say these things; I was dismissed for saying these things.

People always harp on about the prisons in Scandinavia, Halden and Bastøy in Norway seem to be the best known. But few seem to know that a prison in England had visitors from Scandinavia looking at their regimes etc with a view to model some of their best practices.

It was called HMP Blantyre House located in Kent, and over in Norway a resettlement prison was set up based on the principles and methods used at Blantyre House.

So, how was this beacon of best practice recognised here?

Instead of promoting their good practice, the then Director General of the Prison Service authorised squads of approx 80 officers and dogs, led by the then Governor of Swaleside prison, to raid Blantyre House.

They trashed it.1

All prisoners were tested for drugs, yet not a single test proved positive. The whole episode ruined a lot of the trust built up between prisoners and staff.

The then Governor of HMP Blantyre House was unaware of what was about to happen because he was removed from his position hours before.

But it was a prison that exceeded all their key performance targets and had the lowest rate of drug abuse of any prison in the UK.

Even when something works, still they trash it.

So, when we read the Ministry of Justice mission statement: “The Ministry of Justice is a major government department, at the heart of the justice system. We work to protect and advance the principles of justice. Our vision is to deliver a world-class justice system that works for everyone in society” I just don’t believe it.

And neither should you.

~

From the speech by Faith Spear FRSA given 20 October 2024 at Battle of Ideas 2024 held at Church House, Westminster, London, convened by Academy of Ideas.

Speaker bio https://www.battleofideas.org.uk/speaker/faith-spear-frsa/

~

  1. Book ‘Beyond Redemption: The Truth Behind the Raid on Her Majesty’s Prison Blantyre House’ by Eoin Edward McLennan-Murray. Hardcover – 19 Oct. 2023 ↩︎