There are three avenues open to prisoners to challenge racially discriminatory treatment by the Prison Service. The first is the internal complaints system (PSO 2800 and PSO 2510). Since 1 April 2001 claims for damages can be pursued in the county courts under the Race Relations (Amendment) Act 2000 (RRAA). Finally the full range of criminal law is still available to deal with racially motivated offences.

Prisoners most commonly request advice about racist complaints under the Prison Rules and using the RRAA.

PSO 2800
The main purpose of this order is to ensure that decisions made by prisons that affect prisoners are made impartially so as to allow equal access to accommodation, work, training and education.

Whilst religion is not a race relations issue the policy recognises that religion is an important factor and places an obligation on prisons to ensure that individuals can practise their faith in freedom and dignity.

This order obliges prisons to set up Race Relations Management Teams chaired by a governor or deputy governor which meet quarterly to develop and implement race relations’ policy.

A key member is the Race Relations Liaison Officer (RRLO), a trained individual whose duties include maintaining a record of all racist incidents. S/he will commonly be deemed an appropriate officer to investigate racist complaints and log the action to be taken.

Most common complaints

1) Direct racial abuse with or without physical violence

2) ‘Victimisation’ (i.e. harassment by staff because you have submitted, or are a witness to someone else’s racist complaint- it does not matter if the original complaint is not upheld)

3) Discriminatory provision of facilities and services between different racial groups

4) Differential unfavourable treatment by staff

5) Insufficient action by staff against prisoner on prisoner racism

What kind of racism can I complain about?
A prisoner can make a complaint about ‘any incident which is perceived to be racist by the victim or any other person’ (amended para 6.2.1 PSO 2800). A prisoner who wishes to complain of a racist incident must not be prevented from doing so, and should be protected from further harassment (para 6.8.5).

How do I complain?
If the complaint is minor and you are confident about race relations between staff and prisoners make a verbal complaint to staff who should try to deal with it informally, but no less thoroughly than if you had made a written complaint. If that fails or the complaint is more serious submit a written complaint on a Racist Incident Report Form which should be readily available on all wings. If not, a standard COMP1 form can be used. They should be addressed to the RRLO or the governor/director. If you are concerned about confidentiality use the restricted subject form- this might be especially appropriate for complaints of an especially sensitive nature or against senior staff that should be investigated by a governor grade staff. It is important that specific incidents are described in relevant detail, and not in general terms. Witnesses can be crucial, and if you have one or more, they should each be interviewed by the RRLO.

How should the complaint be dealt with?
They should broadly be investigated in the same way as for any other complaint however staff should pay particular attention that the investigation is carried out thoroughly and impartially by an officer of a rank higher than the staff complained of (para 15-17 Annex Q PSO 2510).

(Please see Complaints Procedure).

What if I don’t agree with the prison’s finding?
In the same was as with all other complaints you can appeal the final decision to the Ombudsman. If your racist complaint has been about a ‘reserved subject’ you can refer the decision to PSHQ for review.

RRAA
This Act became law in 2002 and amends the 1976 Race Relations Act. The Prison Service now has a positive duty to actively promote equality of opportunity between different races and to eliminate racial discrimination in the delivery of its services. There has to date been no litigation about the Prison Service’s failure in this duty though they have been sued for direct racial discrimination.

When can I sue in the county courts?
You do not have to exhaust the internal complaints system to pursue a claim through the county courts. You should seek specialist legal advice, either from a solicitor or the Prisoners’ Advice Service. You must be aware that there is a 6 month deadline which starts to run from the date of the last incident complained of. You can obtain a 3 month extension to this deadline if you apply for assistance to the Commission for Racial Equality (CRE) within the 6 month limitation period. You can write to the CRE under Rule 39 at:

Commission for Racial Equality
St Dunstan’s House
201-211 Borough High Street
London SE1 1GZ

Can I use the ‘questionnaire procedure’ even if I have no intention of going to court?
If a prisoner believes they have been discriminated against they can use the questionnaire (s.65 RRAA) to obtain information from the Prison Service so as to decide whether to start county court proceedings or not, and if so how to formulate the claim effectively.

The main purpose is to establish the facts of the grievance and the reasons behind the actions taken by the Prison Service. The six month deadline must be kept in mind and you should seek legal advice if you think the Prison Service has a case to answer.