CIRC 099: NATIONAL CHAIR UPDATE NOVEMBER 2022

Please bring the contents of this circular to the attention of all POA members.

NEC Elections

Members still have an opportunity to vote in the ongoing NEC elections. You should receive a ballot slip to either your home or work address. You have until the 1^st December to vote. Please use your vote. 

OSG Statutory Ballot for Strike Action

Before commencing a statutory ballot of OSGs, the POA must satisfy the draconian anti trade union legislation that places thresholds on what must be achieved before the ballot is legal. Full details of these barriers are contained within POA Circular 94/2022.

National NEC officials are currently liaising with local POA branches to ensure we are compliant with legislation prior to any statutory ballot. 

OFFICER APPRENTICE PAUSE

POA Members should note the following announcement from HMPPS:

A decision has been reached that we will temporarily pause enrolment for all new entrants on the Level 3 Custody and Detention Officer apprenticeship and the Management and Care of Individuals in Custody or Detention Diploma (YCS Apprenticeship will continue). The start date of the pause is yet to be confirmed. Foundation training will continue to be delivered, covering all the basic elements required to safely deploy a new prison officer to their establishment. We will refocus Operational Training outputs to deliver business critical safety and security courses. New entrant staff will not be required to enrol on or complete the Custody & Detention Apprenticeship or the Management and Care of Individuals in Custody or Detention Diploma. New entrants will complete the foundation level training to gain the necessary knowledge and skills to positively contribute in providing direct support through the frontline.

Pay Award 2022/23

The Government have finally issued the remit letter to the Pay Review Body for Public Sector Prisons. The NEC will now work on submissions to the Review Body ensuring our submissions are delivered on time.

Supporting a new employee offer

HMPPS are yet again running ‘pilot’ schemes, most notably at HMP Onley and HMP Styal that introduce proposed flexible working for staff. However, much of this ‘offer’ includes employing staff on the equivalent of zero hours contracts so they work only a set amount of hours that they choose (eg weekends only) or ask staff to sign up to an Annualised hours scheme that means the employer chooses when you work because you have committed to a set amount of additional hours over the year at flat rates of pay non pensionable. This means the employer chooses when you work and you lose all ability to enjoy a personal life outside of work. Members should note that the NEC are opposed to these ill-thought-out schemes that attempt to change working patterns despite establishments failing to recruit to full staffing levels. We are still in consultation about these plans and all POA committees are reminded that no local agreements or pilot schemes should commence that ignore national agreements or existing terms and conditions. To this end all POA members are encouraged to read the contents of Bulletin 8 which is a historical document that forms part of a Prison Officers terms and conditions and cannot be deviated from. A copy is included with this circular.

Disputes procedure

PSO 8525 is clear that all disputes registered by local POA committees are protected by the ‘status quo ante.’ This means that the working practice in place prior to the dispute being lodged remains in place until the dispute is resolved unless a Senior Director issues a management override for a 28-day period. 

The NEC are aware of several Governors ignoring policy and refusing to abide by the status quo. If this happens POA committees should immediately contact their NEC representative and abide by the policy compliant working practice in place at the time the dispute was lodged, ensuring the status quo ante prevails. 

Detached Duty

POA members are reminded that at this moment in time, despite being a mobile grade, they cannot be forced to go on national detached duty. National detached duty is classed as travelling more than a 75-minute drive or 90 minutes within London to get to the Detached duty site. Bumping is happening within region but all cases are considered individually if you have personal reasons why you cannot travel within region. Any members who are being told they must attend national detached duty should remind their managers that they cannot be forced. All attendees on detached must receive an induction which includes the following:

Receiving establishments must provide a full induction to include any site-specific training/ local orientation to new staff on NDD to ensure they have appropriate support and information upon arrival 

Staff deployed on NDD should not be in roles working alongside only other detached duty staff until they are familiar with the establishment and ideally should work alongside local staff for the first 2 weeks.

The receiving establishment must identify appropriate shift patterns for DD staff to follow, which should match individuals weekly contracted hours and be Bulletin 8 and European Working Time Directive compliant.

On arrival, staff who have not previously worked at the site must be offered an appropriate briefing. This should relate to the area in which the officer will be located. It must include as a minimum:

• Familiarity with the site

• The procedure in the event of an incident

• Basic radio information such as base station call sign 

• Key talk if necessary – e.g., high security estate using magnetic keys

• Briefing about any special issues unique to the establishment

• Provision of the details of a liaison officer to contact for welfare and detail issues

• Details of cost centre codes against which all T&S should be claimed 

• Any local Health and Safety documentation and the location of Fire Safety equipment including firefighting equipment and RPE smoke hoods

• Issuing of PPE if required

• Do not place an officer in a singleton post until they are familiar with the routines and procedures of the prison.

Members are also reminded that if they volunteer to go on National Detached Duty they do so as a Band 3 Prison Officer and cannot be ‘forced’, ‘persuaded’ or ‘ordered’ to work at a higher band. Staff should remind Managers at the detached duty site that they are working there as a Band 3 Prison Officer and should politely decline the offer to work at a higher band.

Part time members of staff who are being forced to ‘bump’ within region should take note of the following that was published in May 2015 and remains relevant today:

NOMS staff are, as a condition of service, either mobile or non-mobile. Mobile-grade staff are liable to be transferred to any Civil Service post whether in the UK or abroad. Mobile grades are broadly those equivalents to Executive Officer/First Line Manager and above plus prison officers. Part time staff, job sharers and casual employees are classified as non-mobile even if in a mobile grade. Non-mobile grades are liable only to a posting within reasonable daily travel of their home but can, in principle, be required to comply with a reasonable request to perform detached duty. 

Body Worn Video Cameras

Members are encouraged to read POA Circular 97/2022 which clarifies the employers’ position in relation to BWVC. The NEC remain in discussions with HMPPS over elements of the new policy about which we are concerned. Please do not refuse any orders to wear a BWVC if you are obliged to wear a camera as per policy.

Injury to feelings

The 2017 claimants are now being processed and payments are due over the coming weeks. Please remain patient as this is a big task. If you wish to check your details are up to date, please contact Cronin House via e mail.

POA Scotland

A revised NHS pay offer at Carstairs has again been overwhelmingly rejected (89.5%) in the local ballot. There was an 80% turnout. The Scottish National Committee will now consider the potential for a second statutory ballot.

The Scottish Prison Service have revised their pay offer and have now offered a 5.9% rise including a non-consolidated cash award taking the total award to 7%. The POA are conducting a workplace ballot of members to ascertain acceptance or rejection. 

ACCT Assessors

POA members are reminded that it is their choice to ‘volunteer’ to become an ACCT Assessor and are reminded of the safeguards that they should insist upon when undertaking this responsible and stressful role. POA members continue to be subject to ‘scapegoating’ by the Crown Prosecution Service when there are deaths in custody. In order to protect all POA members who conduct ACCT Assessments and complex case reviews you are encouraged to note the following:

• The ACCT Assessor role is purely voluntary and you will receive zero additional salary for performing this responsible role.
• You should be fully trained prior to becoming an ACCT Assessor.
• PSI 64/2011 should be followed in full ensuring all attendees at reviews that should be present are actually present. Without the mandatory attendees the review should never go ahead.
• Due to the stressful nature of ACCT Assessments, you should ensure you do not ‘overload’ your caseload. Good practice would see an ACCT Assessor performing no more than 1 ACCT Review in any one 24-hour period.
• You should ensure you access supervision sessions/counselling sessions via the employer on at least a monthly basis so you may ‘off load’ to a professional to assist your mental health.

OSG ACCT Training

It has been brought to the attention of the NEC that many OSG colleagues have never received any ACCT training yet are expected to conduct ACCT checks and sign the ACCT document. This places OSG staff at risk, especially when the responsibility for ACCT checks falls upon them during night patrol state. In order to protect staff any OSG who has not been ACCT trained should ensure they do the following:

Any OSG who has not received ACCT training who then conducts an ACCT check and signs the ACCT document should submit a near miss report form and register in the accident book. The reason they should do this is because they have received no training to conduct these checks. The accident book should register their stress from performing a safety critical task for which they have not been trained.

Failing to register your concerns due to lack of training is no defence in a coroner’s court. HMPPS have a duty of care to ensure all staff are fully trained for the tasks expected of them. The NEC will pursue this issue with HMPPS.

Please ensure you follow this advice but continue to perform ACCT checks and record your observations in the ACCT document.

 

All the best.

Mark Fairhurst
National Chair

 

 

 

ENCLOSURE

Attachments

• Bulletin 8.pdf

  0.39 Mb, pdf