Misconduct process navigator for prison officers

How to use the navigator

Start by choosing the situation that fits you today: a manager has raised a concern, you have been told about an investigation, you have been suspended, the police want to interview you under caution, you have been invited to a hearing, you have received an outcome, you are appealing, you have been dismissed or you have resigned. The page then shows the seven published stages of the England and Wales process with your position marked, a plain list of what normally happens next with the source behind each point, and three short lists: what to ask, what to prepare and what not to do.

Next, open the timeline tab and enter the dates you know. The calculator works out only the deadlines that are published and labels them clearly. The questions tab turns your situation into a list for your POA representative or solicitor and a second list to put to HR or the investigator, which you can copy or print. The AI helper tab lets you ask one free question grounded in what you entered. Everything is designed to be read slowly, on a phone if that is what you have, and to leave you better prepared for the conversation you most need to have: the one with your representative.

Why we label every statement

The England and Wales discipline policy (PSI 06/2010) is not published on GOV.UK and is being rewritten. On 9 July 2026 the Government said the new policy was "close to being finalised". Ask HR or your POA representative for the version in force on the date of your case.

Most websites describe prison discipline as if the rules were public. They are not, and presenting guesses as fact is the quickest way to mislead someone at a vulnerable moment. So every statement in the navigator carries one of four labels. Published means we read it in a primary document, such as a GOV.UK policy framework, legislation or the Acas Code. Published in the 2013 text means it comes from the 2013 re-issue of PSI 06/2010, the only public text of the main policy we could open, which is a third-party copy that stops after the investigation section and pre-dates later revisions. One tribunal case means we saw it in a published Employment Tribunal judgment about a 2025 gross misconduct case at HMP Moorland; it shows how one hearing and appeal ran and is an example, not a rule. Not published means we could not find it, so we say so and tell you to ask in writing.

The sections of the 2013 text that are not public are the ones that matter most at the sharp end: what happens after the investigation, the detail of suspension, the hearing, the list of penalties, how long warnings stay live and the appeal. We would rather tell you that than invent a deadline. Where a timescale is unpublished, the navigator tells you to find it in your own letter or to ask HR to confirm it in writing, and to add it to your timeline.

The seven stages, in brief

Concern raised. The policy allows a line manager to deal with a concern informally. A manager may meet you solely to establish the nature of an incident, must say that it is not a disciplinary meeting and must stop if it becomes clear that a disciplinary investigation is needed. Informal records are not supposed to go on your personnel file. Serious matters, corruption in particular, are handled by the Counter Corruption Unit rather than your line manager.

Investigation. A commissioning manager sets terms of reference and appoints an investigating officer. The published target is 28 working days, extendable with written reasons. You should have at least 48 hours' written notice of an interview and may bring a trade union representative or work colleague. You must give reasonable co-operation, though you cannot be forced to answer and need not answer a question that may incriminate you, and reasonable conclusions may be drawn if you refuse after proper warning. You receive a typed note of the interview. The report records facts and goes to the commissioning manager.

Decision on action. The commissioning manager decides from the report whether disciplinary action follows. Earlier, they must consider whether you should stay at work, move to alternative or detached duties or be suspended. Suspension is normally on pay, and Acas says it should be a last resort, brief and not a penalty.

Hearing. You have a statutory right to be accompanied by a colleague, a trade union representative or an official. There is no statutory right to a lawyer. The test of fairness is reasonableness and the standard of proof is the balance of probabilities, higher for more serious allegations but not the criminal standard. No one is dismissed for a first breach unless it is gross misconduct.

Outcome and appeal. Outcomes range from no action through warnings to dismissal. There is a right of appeal against any formal decision and you must be told how to use it. The England and Wales sanction list, warning lives, appeal deadline and appeal officers are not in any public text we could open.

After the process. If you were dismissed or resigned, the national Exclusions Register, vetting, pension and employment tribunal rights come into play. Resigning does not end the process.

The limits we can state

Two limits deserve special attention because they run outside the internal process and are easy to miss. First, if you are put on the Exclusions Register you have 15 working days from notification to ask for an appeal, in writing to Personnel Security Vetting. Second, employment tribunal time limits are strict. From 1 October 2026 the limit for most claims is six months, up from three, and Acas early conciliation is compulsory before most claims and must be started within the limit. The clock is paused while conciliation runs and you have at least one month after the certificate. The navigator works both out from your dates, using “six months less a day” as the cautious reading. How the change applies to acts before 1 October 2026 is not confirmed in the sources we checked, so for those the tool plans to the earlier three-month date and shows the six-month date beside it.

Qualifying service is the third calculation. Ordinary unfair dismissal needs two years' continuous service for dismissals taking effect before 1 January 2027 and six months for those taking effect on or after that date, under SI 2026/559, with the compensation cap removed from the same date. Some reasons, such as dismissal for a protected disclosure, trade union reasons or discrimination-related grounds, need no qualifying period, and the tool cannot judge those: a solicitor or Acas can.

What never to do

At every stage the same short list applies. Never delete, alter, hide or fabricate evidence, records, messages or logs. Never contact witnesses or complainants to discuss the case, agree accounts or ask anyone to change or withhold a statement. Never lie to an investigator, a hearing or the police. Never access systems you are not authorised to use to go looking for evidence. Never discuss the case on social media or in group chats. These are not only matters of fairness: in a prison context they can themselves be gross misconduct, and in some circumstances criminal offences. Honesty, plus early and properly supported representation, is the approach that preserves the most options.

The navigator, the AI helper and the Response Pack are all built around that principle. The AI helper will decline requests to evade or mislead an investigation and will redirect you to honest, properly supported ways to respond. It is not a substitute for a representative, and it cannot see your case beyond what you enter.

When there is a criminal track

In corruption cases the criminal investigation takes primacy. The police Senior Investigating Officer, in consultation with HMPPS, decides priority, and staff must support police and CPS with statements and evidence. POA legal cover applies to interviews under caution on work-related matters; witness interviews are not covered unless exceptionally approved, and the Legal Advice Scheme handbook says assistance is not retrospective for matters that began before you joined. If the police want to interview you under caution, get legal advice before you answer questions. Offences commonly charged include misconduct in public office and offences under sections 40B to 40D of the Prison Act 1952 covering conveyance, photography and restricted items such as mobile phones. The navigator's interview under caution page lists the questions to put to your solicitor.

Scotland and Northern Ireland

The England and Wales policy does not apply to the Scottish Prison Service or the Northern Ireland Prison Service. SPS publishes a Code of Conduct (HR010/001, 23 February 2018) with verbal, written and final written warnings live for 6, 9 and 12 months, five working days to notify an appeal and ten for the grounds, and an Internal Dismissal Appeal Board with a right to legal representation at your own cost. NIPS publishes a Professional Code of Conduct (revised September 2013) with a Professional Standards Unit, warnings live up to 24 months and no right to a legal representative at any stage. Both documents carry review dates that have passed, so the navigator shows them as comparators and asks you to confirm they are still in force.

Looking after yourself

A conduct process is stressful even when you are confident you did nothing wrong. The support tab lists Samaritans (116 123, free, 24 hours), the Acas helpline for employment rights questions, your POA branch and the HMPPS staff support services, for which we could not verify a public number so we tell you to ask your establishment. Tell your GP what you are going through, and ask Occupational Health about adjustments for interviews and hearings. Reaching out is a sensible step, not a weakness.

Where to go next

For more depth on each stage read our guides on misconduct explained, the conduct and discipline policy, what to expect from an investigation, suspension, the disciplinary hearing, appealing an outcome, POA representation and what happens after dismissal. The conduct and discipline hub lists all of them. If you want to keep your timeline, chronology, preparation checklists, a facts-only statement worksheet, a pension impact estimate and a printable briefing in one private place, the Misconduct Response Pack does that for a single payment of £29, with a 14-day money-back guarantee.

This tool is independent and is not affiliated with HMPPS, the Ministry of Justice, the POA or any union. It is general information, not legal advice. Outcomes depend on the facts, the policy version in force and the decision-maker, and no website can predict them.

Sources (opened 3 October 2026)

• GOV.UK: Exclusion from Working for HMPPS Policy Framework (issued 14 October 2024)
• GOV.UK: Counter Corruption and Reporting Wrongdoing Policy Framework (re-issued 10 May 2022)
• GOV.UK: Prison Service Instructions index, which lists PSI 06/2010 as extant but not published
• UK Parliament written questions 16007 to 16009 (9 July 2026): conduct and discipline policy "close to being finalised"
• GOV.UK: Disciplinary procedures and action against you at work
• GOV.UK: Make a claim to an employment tribunal
• GOV.UK: Plan to Make Work Pay and Employment Rights Act, timeline update (25 September 2026)
• legislation.gov.uk: SI 2026/559 (qualifying period and transitional provisions)
• Acas: Code of Practice on disciplinary and grievance procedures
• Acas: how early conciliation works
• POA: legal services and the Legal Advice Scheme handbook
• Employment Tribunal judgment: Hayes v Secretary of State for Justice, 6018279/2025
• SPS Code of Conduct HR010/001 (2018) and NIPS Professional Code of Conduct (2013)