Prisoner Complaints Against Prison Officers: What Happens

In shortA complaint is not a finding: staff misconduct allegations go into the conduct process under PSI 06/2010, where a manager assesses a proportionate response.

Prisoners have a right to complain, and the Prisoner Complaints Policy Framework (re-issued on 12 December 2023) sets out how. Most complaints are about conditions, property, regime and decisions, and are answered locally. A smaller number allege that staff behaved improperly.

Where it goes

The framework says that complaints about alleged staff misconduct must be dealt with under PSI 06/2010, the conduct and discipline instruction, and, in the youth estate, allegations against staff go through child protection procedures set out in an annex to PSI 08/2012. Allegations made in petitions are also referred to PSI 06/2010 and must not delay the petition being transmitted.

What a manager does

A manager assesses whether the allegation, if true, could amount to misconduct and what response is proportionate. The conduct policy, in the last public text, lets managers deal with matters informally, as performance issues, or through a formal investigation.

Early meetings

A line manager may meet someone solely to establish the nature of an incident, must say that it is not a disciplinary meeting and must stop if it becomes clear a formal investigation is needed.

Possible crimes

If the allegation could amount to a crime inside the establishment, the framework says it follows PSI 06/2010 and the criminal route can also be engaged.

• Using excessive force
• Being abusive or discriminating
• Searching improperly
• Losing property deliberately
• Having an inappropriate relationship

In shortInternal teams, IPCI and the PPO investigate complaints, but none of the independent bodies decides staff discipline.

Neither body decides staff discipline. The PPO's response to a Freedom of Information request on 10 November 2025 confirmed that it holds no data on prison officers' disciplinary action or convictions for misconduct in public office, and referred the requester to HMPPS. Whether discipline follows is a matter for HMPPS under its own policy.

This surprises some officers, who assume that an Ombudsman finding leads automatically to a disciplinary hearing: it does not, although recommendations can lead the establishment to look again.

Internal complaints

Handled by the establishment. A prisoner who is unhappy with the internal response can ask for an independent investigation.

IPCI

According to the Ombudsman's website, IPCI (Independent Prisoner Complaint Investigations) handles complaints from prisoners and young people in prisons, young offender institutions and secure training centres once they have gone through the internal complaints process.

PPO

The Prisons and Probation Ombudsman investigates complaints from people on probation, in approved premises and in immigration detention, in addition to deaths in custody. The investigators find out the facts, try to find a resolution, and make recommendations for improvement.

In shortLog use of force within 24 hours, write your statement within 72 hours from free recall, and expect the civil test of reasonableness.

• Log on Digital Prison Service24 hoursUse of force must be logged
• Statement72 hoursSubject to exceptions such as injury
• Re-issued11 September 2025Use of Force Policy Framework

Complaints about use of force are among the most serious that officers face.

Force must be necessary and reasonable, and the framework refers to the legal basis in Prison Rule 47 and Young Offender Institution Rule 50, section 3 of the Criminal Law Act 1967, section 76 of the Criminal Justice and Immigration Act 2008 and the common law.

It also says that the European Convention on Human Rights applies, that retaliatory or excessive force breaches the Convention, and that any suspected breach must be reported to the governor and Prison Group Director for investigation. 'Reasonable' is judged afterwards through reviews, investigations, the PPO or the courts.

In shortA formal investigation should finish in 28 working days, with 48 hours' notice of interview and the right to be accompanied; check the version in force.

• Investigation28 working daysExtendable with written reasons
• Interview notice48 hoursWritten notice
• Written answers5 working daysNormally, if requested

If the complaint becomes a formal conduct investigation, the last publicly visible text of PSI 06/2010 (the 2013 re-issue, held by a third party and cut off after section 4) gives a framework. These are the 2013 provisions and the current internal text may differ, so ask for the version in force.

• You should be told the interview is part of a disciplinary investigation, and may be accompanied by a trade union representative or work colleague.
• You get a typed note of the interview and your comments go into the report.
• You must give all reasonable co-operation; you cannot be forced to answer, but you must be reminded that reasonable conclusions may be drawn if you refuse after proper warnings, and you need not answer a question if the answer may incriminate you.
• Suspension is a choice among options: the commissioning manager must consider whether you should stay at work, move to alternative or detached duties, or be suspended. It is normally on pay and, under the Acas Code, should be brief and is not a disciplinary penalty.

1. Ask in writing whether you are a subject or a witness, and what the allegation is.
2. Contact your POA rep before any interview, and check your legal assistance position with the union.
3. Do not contact the prisoner who complained, or discuss the complaint with other prisoners or colleagues; this is practical advice rather than a quote of policy.
4. If you wrote a use of force statement, keep a copy of what you submitted and do not amend it after seeing footage without advice.
5. Prepare for interview by reviewing only what you are allowed to review, and take notes of your own recollection first.
6. After the interview, check the typed note carefully and record any disagreement in writing.

In shortRelationship and discrimination complaints are not handled like ordinary service complaints and can involve the Counter Corruption Unit and the police.

Not all complaints are about force. Prisoners may allege that a member of staff is abusive, has shown favouritism, has discriminated, has searched them improperly, or has had an inappropriate relationship.

Inappropriate relationships

HMPPS counter corruption policy defines these widely: intimate or amorous relationships, friendship, and improper emotional or family-like feelings towards an offender, as well as relationships with prisoners' friends, family or criminal groups. Where there is an abuse of position for benefit or gain, including emotional or sexual gain, the matter is treated as corruption and so as gross misconduct. Complaints of that kind can involve the Counter Corruption Unit and the police.

Retaliatory complaints

Prisoners may try to corrupt staff, and some complaints are retaliatory or manipulative. The counter corruption policy says that prisoners who try to corrupt staff can be charged under the Prison Rules or the Bribery Act 2010, and that 'corruptor' alerts are recorded on prisoner systems. HMPPS does not suggest that a complaint is false merely because a prisoner is also under suspicion. We did not verify whether a malicious complaint can lead to action against the prisoner under the adjudication rules, so we do not state it. Your task is to cooperate honestly and give your account.

Discrimination

The Statement of Professional Standards sits within PSI 06/2010, and a 2026 tribunal judgment recorded that the policy treats harassment or discrimination as misconduct and racial or sexual harassment or discrimination as gross misconduct. If you are accused, take the allegation seriously and take advice. If you are the victim of a prisoner's abuse, see our guide to grievance, bullying and harassment.

In shortOutcomes range from no action to dismissal; the England and Wales sanction list and warning lives are not public.

Many complaints result in no formal action, a management conversation or learning. A smaller number lead to a formal conduct process, which could end in no case to answer, a warning, or in the most serious cases dismissal.

We could not verify the E&W sanction list, warning lives or appeal deadlines because the relevant sections of PSI 06/2010 are not public.

The Scottish and Northern Irish codes are public and different (SPS warnings are live for 6, 9 and 12 months; NIPS up to 24 months), but must not be assumed to apply in England and Wales.

In shortGood practice, applied every time, is the best defence: honest records, timely statements and joining the POA before you need it.

Join the POA before you need it.

The POA says it provides legal assistance on any work-related matter, including police investigations, prosecutions and disciplinary hearings, but the legal handbook says there is no initial advice or assistance for proceedings started or under investigation before you joined or re-joined, and the handbook is undated, so confirm the current rule.

Finally, look after your wellbeing. A complaint, even a baseless one, is stressful. Talk to your rep, family, the Employee Assistance Programme and Occupational Health. The Misconduct Response Pack helps you structure your own records and questions, and the misconduct process navigator shows where you are in the published process.