Prison Officer Use of Force Allegations: What Happens Next

In shortForce must be necessary and proportionate, and whether it was reasonable is judged afterwards, with time to consider and often with footage.

The framework also notes that the European Convention on Human Rights applies, including Articles 2, 3 and 8, and that retaliatory or excessive force can breach the Convention. Any suspected breach "must be reported to the governor and Prison Group Director for investigation" (paras 4.1 and 4.2).

In shortLog within 24 hours, write your statement from free recall within 72 hours, do not watch footage first and do not collude; repeated failures can lead to discipline.

• Log the incident24 hoursOn the digital system
• Statement72 hoursFrom the incident, with exceptions such as injury
• Footage before writingNot allowedCCTV or body-worn video

After force is used, you must log the incident on the digital system within 24 hours, and complete a use of force statement within 72 hours of the incident (framework paras 20.2 and 20.3). There are exceptions, for example where an officer is injured and cannot write.

The statement should be your own account of what you did and why, including why you considered force necessary and why alternatives were not used. The framework says the account should be a freely recalled one, and that staff must not view CCTV or body-worn video footage before writing their statement.

It also says you must not collude with colleagues about what to write (para 20.6). An account written from memory is a record of what you perceived at the time, which is what the reasonableness test looks at, whereas a statement written after watching footage can conflate two things and invite suspicion of collusion.

In shortMost reviews end with feedback or no further action, but a possible breach can lead to a formal investigation under PSI 06/2010 using the civil test of reasonableness.

Every prison has a use of force committee that reviews body-worn video, CCTV and statements monthly, and that reviews all uses of PAVA, batons and incidents where a prisoner was injured (framework para 22.5). Most reviews end with feedback, learning or no further action.

If something looks like a possible breach, the framework says a formal investigation can be commissioned under PSI 06/2010, the Conduct and Discipline instruction. It sets out the civil test of reasonableness, asking two questions.

Question (i)

Did the officer hold an honest and objectively reasonable belief that force was necessary?

Question (ii)

Was the force used reasonable?

No hindsight

Investigators are told to ask whether another officer in the moment would have decided the same, not what is known after the event (paras 22.7 and 22.8).

In shortThe 2013 PSI 06/2010 text, the only public version, gives 48 hours' written notice, accompaniment, a typed interview note and a 28 working day target; treat it as what to ask HR, not the current rules.

• Interview notice48 hoursAt least, in writing (2013 text)
• Investigation target28 working daysExtendable with documented reasons

The 22 July 2013 re-issue of PSI 06/2010, the only public text we could open, sets out rights that we expect to remain broadly similar but cannot confirm:

Staff must give all reasonable cooperation. You cannot be forced to answer, but you should be reminded that reasonable conclusions may be drawn if you refuse after proper warning, and you need not answer a question if the answer could incriminate you.

Because use of force allegations can overlap with criminal law, it is sensible to ask your POA representative before any interview whether there is any criminal dimension. Our guide to what to expect in an HR investigation goes through the process.

• Notice of an investigation interview is at least 48 hours in writing.
• You must be told it is part of a disciplinary investigation.
• You may be accompanied by a trade union representative or work colleague.
• A typed note of the interview must be given to you and your comments recorded.
• The target for the investigation is 28 working days, extendable with documented reasons.

In shortNo published threshold says when HMPPS refers force cases to police; the PPO handles prisoner complaints and deaths in custody but does not decide staff discipline.

Police

The framework does not set out when HMPPS refers a use of force case to police, and we have not found a published threshold, so we do not state one. Excessive or unlawful force can in principle amount to an offence such as assault, and the defences recognised in the framework, including section 3 of the Criminal Law Act 1967 and section 76 of the Criminal Justice and Immigration Act 2008, apply to prison officers like anyone else. If police investigate, the rights under PACE Code C apply; see our guide to the interview under caution.

Prisons and Probation Ombudsman

It investigates complaints from prisoners and deaths in custody. It does not hold staff discipline data and does not decide staff discipline, according to its response to a Freedom of Information request on 10 November 2025. Staff interviewed by the PPO may be accompanied by a colleague or union representative, and the framework says evidence given is not admissible in disciplinary proceedings without the person's consent, but may be disclosed to courts where the law requires.

In shortA good statement is factual, specific and honest, written from your own recall, and never quietly edited after seeing footage.

A good statement is factual, specific and honest. Use plain language and avoid opinions about the prisoner's character. It says:

• Who was present, and what you saw and heard.
• What you perceived as the risk.
• What you said and did, in order.
• What force you used (the technique, location and duration), and why.
• Why alternatives such as talking, de-escalation or withdrawal were not suitable at that moment, as the framework expects.
• What happened afterwards, including injuries, healthcare and handover.

1. Log the incident on the digital system within 24 hours.
2. Write your statement from your own memory within 72 hours (unless an exception applies), without viewing CCTV or body-worn video.
3. Cover the risk you perceived, what you did, why force was needed and why alternatives were not suitable.
4. Do not discuss or compare statements with colleagues.
5. Submit it, keep a note of when you did so, and tell your POA representative if there is a complaint.
6. If an investigation starts, ask for notice in writing, ask whether any criminal element exists and ask your representative to attend.

In shortOutcomes range from no further action to a hearing; sanction lists and appeal deadlines are not public, and tribunal time limits changed on 1 October 2026.

• Tribunal time limitSix monthsFrom 1 October 2026 (previously three), after Acas early conciliation
• Unfair dismissal qualifying serviceTwo yearsUntil 31 December 2026; six months for effective dates on or after 1 January 2027

An investigation may reach one of the outcomes below. The formal sanction list, warning durations and appeal deadlines for England and Wales are in sections of PSI 06/2010 that are not public, so we do not state them.

Your outcome letter must tell you how to appeal; read it carefully and ask your representative to explain the deadline on the day.

If you are dismissed, you may be able to bring an employment tribunal claim, after contacting Acas for early conciliation, which pauses the clock. Some dismissals need no qualifying period. A union or solicitor can advise on a claim; see unfair dismissal tribunals.

• Force was reasonable.
• There is learning only.
• There is a case for informal action.
• There should be a disciplinary hearing.

In shortUse employee assistance, your GP and your POA representative, check which policies apply outside the public estate, and keep a calm record of any delays.

Being the subject of an allegation after a violent incident is stressful, and officers who were themselves hurt can feel doubly exposed. The Counter Corruption framework requires a wellbeing risk assessment for staff arrested, suspended or excluded in corruption cases, and most establishments offer employee assistance and support through managers and the POA. Use them.

Public estate

The framework we reviewed covers the public prison estate in England and Wales.

Private prisons

They apply their own contracts and procedures alongside the national requirements, and staff are employed by the operator, so their disciplinary rules differ.

Scotland and Northern Ireland

They have separate arrangements. If you work outside the public estate, ask your employer and union which policies apply, and which version is in force on the date of the incident.