Former inspector of prisons warns complaints system is 'not fit for purpose'

A total of 89 complaints were received from prisoners last year.

The former inspector of prisons has said the complaints system in Irish prisons is “not fit for purpose” despite “evidence being provided year-on-year that the process is flawed”.

Patricia Gilheaney, in the Inspector of Prisons’ annual report, said that “failure to replace the current system is indicative of the priority it is receiving”.

The report noted that 89 complaints were received from prisoners last year, with a third of them (32) coming from Cloverhill Prison.

One note of concern was where an independent investigator found grounds for the complaint that had been lodged, the governor assigned to review the case did not always uphold the independent investigator’s findings.

In one case, the Inspector of Prisons was told that a “detailed investigation” into a complaint “did not find any clear evidence to support the allegations made”.

When the inspector asked for a copy of this report from the Irish Prison Service, they were told the report could not be located.

The annual report added: “It continues to be a matter of concern for the inspectorate that governors are tasked with making decisions on serious allegations of wrongdoing without sight of the complete investigation file, including access to CCTV footage.

“Once again, the inspectorate recommends that governors should be provided with the complete investigation file to allow them to make an informed decision.”

The report also noted it had received a number of letters from prisoners related to the complaints system, primarily around “(i) not knowing if their complaint was being investigated; (ii) not being kept appraised of the status of the investigation; (iii) not having an avenue to appeal an outcome; and (iv) fear of adverse consequences for making a complaint”.

Department response

In response, the Department of Justice said work is ongoing regarding the complaints process.

“Work is under way on drafting new prison rules and on preparation for the establishment of a new complaints system within the Irish Prison Service,” it said.

“While implementation has been adversely affected by the Covid-19 pandemic, significant preparatory work for the introduction of the new system has been advanced, including staff training, the development of an integrated IT system to support case handling, and a draft policy for complaints handling.”

Earlier this year, the Irish Examiner reported that Ms Gilheaney told the Justice Minister Helen McEntee that her decision to leave the job before her contract expired was because of the constant attempts to undermine her office.

She told Ms McEntee that she couldn't “in all conscience” continue in her role because she had been thwarted in carrying out her duties at every step.

According to departmental sources, Ms Gilheaney referenced elements in the department, the Irish Prison Service, and the Prison Officers Association as counteracting her attempts to fulfil her statutory duty.