Claims Against HM Prison Service
The prison system can be overwhelming at the best of times. Even more so if your rights or those of a loved one have been violated. Whether it's due to mistreatment, negligence, or other injustices, making a claim against the prison service can feel like a daunting uphill battle. And, without expert guidance, it can be hard to know where to start or what your chances of success might be.
At Lawhive, our network of experienced litigation solicitors is dedicated to supporting those seeking justice against the prison service and is on hand to provide clear, straightforward advice and strong representation. We believe everyone deserves access to justice, and our goal is to make the legal process as smooth and stress-free as possible for you.
Schedule an assessment call with our Legal Assessment Specialists today.
We're here to help you understand your options and take the first step towards justice.
Can you sue the prison service?
Yes. If you or a loved one has experienced mistreatment, negligence, or any injustice while in prison, you have the right to take legal action.
Claims against the prison service can cover a range of issues including:
Personal injury due to unsafe conditions or inadequate medical care.
Human rights violations.
Failure of prison staff to protect inmates from harm, whether from other inmates or staff.
Unlawful detention, including wrongful imprisonment.
If you believe you have a valid claim, the best next step is to discuss your situation with one of our specialist solicitors.
We can provide a thorough assessment of your case and advise you on the best course of action. Book an assessment call with us today to start your journey towards justice.
What rights do UK prisoners have?
Prisoners' key rights include fundamental human rights including the right to life, freedom from torture and inhuman or degrading treatment, and the right to a fair trial.
Prisoners also have the right to:
Receive adequate healthcare while in custody, including mental health services.
Be treated fairly and without prejudice by prison staff and authorities.
Access legal advice and representation.
Challenge their detention through appeals and judicial reviews.
Access education and vocational programs aimed at rehabilitation and reducing reoffending.
Communicate with the outside world through letters, visits, and phone calls.
Prisoners have a right to be treated with dignity and respect, and their basic needs should be met during their time in custody.
What type of claim can I bring against the prison service?
Personal injury claims
Personal injury claims arise when an inmate suffers physical or psychological harm due to the negligence or misconduct of prison staff or inadequate conditions within the prison. This could include injuries sustained from assaults by other inmates, accidents due to unsafe facilities, or medical negligence.
Human rights claims
These claims are based on violations of fundamental human rights, such as the right to be free from torture, inhuman or degrading treatment, and the right to a fair trial. Human rights claims may arise from instances of abuse, mistreatment, or inadequate living conditions within the prison.
Misfeasance in public office
This type of claim alleges that a public official, such as a prison officer or administrator, has abused their position of authority and acted unlawfully or negligently, resulting in harm to an inmate.
Discrimination claims
If an inmate believes they have been treated unfairly or discriminated against by prison staff or authorities based on their race, gender, religion, disability, or other protected characteristic, they may have grounds for a discrimination claim.
Breach of statutory duty
The prison service has a legal obligation to provide safe and humane conditions for inmates, as well as access to necessary services such as healthcare and education. Claims can be brought if the prison service fails to meet these statutory duties.
False imprisonment claims
If an inmate believes they have been unlawfully detained or held longer than their lawful sentence, they may have grounds for a claim of false imprisonment.
What is a prison injury claim?
A prison injury claim, also known as a personal injury claim against the prison service, is a legal action brought by an inmate or former inmate who has suffered physical or psychological harm while in custody. These claims arise when the injury is caused by negligence, misconduct, or failure of duty on the part of the prison staff or authorities.
Prison injury claims can include:
Injuries sustained from assaults by other inmates
injuries resulting from accidents within the prison, such as slips, trips, or falls due to unsafe conditions, poorly maintained facilities, or lack of proper safety measures.
Harm caused by inadequate medical care or negligence on the part of prison healthcare staff, including misdiagnosis, failure to provide timely treatment or improper administration of medication.
Injuries sustained from the excessive or improper use of force by prison staff during disciplinary actions, searches, or interventions.
Claims for psychological injuries resulting from traumatic experiences, such as abuse, harassment, or solitary confinement, which may lead to conditions such as post-traumatic stress disorder (PTSD) or depression.
To pursue a prison injury claim, the injured party must demonstrate that the harm they suffered was directly caused by the negligence or misconduct of the prison service. This often requires gathering evidence, including medical records, witness statements, and documentation of the conditions within the prison.
If successful, a prison injury claim may result in compensation for the physical and emotional damages suffered, as well as any financial losses incurred as a result of the injury.
It's important for anyone considering a prison injury claim to seek legal advice from a solicitor experienced in handling such cases.
How long do you have to make a claim against the prison service?
Claims under the Human Rights Act typically must be made within 12 months of the incident. However, in some circumstances, Home Office liability can be claimed within six years.
Personal injury claims commonly have a three-year limitation period from the date of the accident or assault, or when the injuries became apparent. Exceptions can apply so it’s worth consulting a solicitor if you are unsure.
How do I complain about a prison officer?
Use the prison's internal complaints procedure
Most prisons have an internal complaints procedure that allows inmates to raise concerns or complaints about the conduct of prison staff, including prison officers. This procedure typically involves filling out a complaint form or writing a letter detailing the nature of your complaint and submitting it to the appropriate authority within the prison. The details of the internal complaints procedure should be outlined in the prison's information pack or available upon request.
Escalate to His Majesty's Inspectorate of Prisons
If you feel that your complaint has not been adequately addressed through the internal complaints procedure, you may escalate your concerns to an independent body such as His Majesty's Inspectorate of Prisons (HMIP).
HMIP conducts inspections of prisons and investigates complaints about prison conditions and treatment of inmates. You can submit a complaint to HMIP through their website or by contacting them directly.
The Prisons and Probation Ombudsman (PPO) is an independent body that investigates complaints from prisoners and their representatives about the treatment of prisoners in England and Wales. If you are dissatisfied with the outcome of your complaint through the internal prison complaints procedure or HMIP, you can contact the PPO to request an independent investigation.
Speak to a litigation solicitor
If you believe that the actions of a prison officer have resulted in a violation of your rights or have caused you harm, you may wish to seek legal advice from a solicitor who specialises in prison law.
A litigation solicitor can advise you on your options for pursuing legal action and represent you in any legal proceedings that may arise from your complaint.
How can Lawhive help?
As we have covered, prisons can be volatile environments where unfortunate incidents can lead to injury or suffering.
At Lawhive we’re here to ensure justice is done, we can help ensure all prisoner’s rights are upheld including the right to a safe environment and for their dignity to be respected.
We treat all our clients with compassion and respect and can help you get the compensation you deserve if you have been injured or mistreated in prison. We also work with families worried about their loved ones and do everything we can to ensure their safety.
Please contact us for a free case assessment to discuss your needs.