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Claims Against the Prison Service

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Mark,
29 December, 23
The solicitor who was appointed to me was outstanding
Very simple to engage with instant confirmation in writing straight after. Daniel, the solicitor who was appointed to me, was outstanding in his approach, his understanding of the technicalities of the law and, crucially, a genuine care for the client. Would definitely advise using Lawhive, you won't regret it.
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04 October, 23
We were so pleased to find the Lawhive website
After struggling to find a solicitor willing to give us advice, and for a reasonable cost, we were so pleased to find the Lawhive website. At first we wondered how well it would work, but needn't have worried at all - the whole process was simple, straightforward and professional and great value for money. We felt extremely lucky to be matched with our solicitor, Sonay Erten, as she was exactly what we were looking for - knowledgeable, patient and kind - a refreshing change from solicitors we have used in the past. She showed a great deal of empathy for our situation and explained things in language that was easy to understand (rather than the usual "solicitor" talk, which can be intimidating). She's a shining example of what a solicitor should aspire to be and I wouldn't hesitate to recommend her to others or use her again in the future. We came out of our session reassured and confident of what we needed to do going forward, so a big "thank you!"
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I got the outcome I wanted regarding cease and desist to a competitor spreading defamatory statements about my business. Fast and professional, and at a much lower price than high street firms. Highly recommended thanks.
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23 July, 23
Very efficient! Can highly recommend.
I found the website very easy to use. Quick responses and I was even able to talk to someone who was friendly and competent. She rang me rather than emailed me. A solicitor was quickly found who could help me and once the relevant identification was approved he started work. Within two days the solicitor had checked documents and commented on them. Very efficient! Can highly recommend.
Pauline Piper,
15 February, 23
The service was fast and ultra professional
Sonay was really informative and understood my questions instantly, what I thought was complex Sonay simplified massively. She regularly checked in and the service was fast and ultra professional. Would highly recommend.
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Great service and very reasonably priced,
Great service and very reasonably priced, Kem was really helpful and professional. Would use again
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About

Claims Against the Prison Service are claims made by prisoners against the Prison Service for injuries or damages they may have suffered under prison care. Solicitors can help with these claims and ensure that the the relevant parties are held accountable for any damages caused.Next steps

How much does help with Claims Against the Prison Service cost?

The cost for a licensed solicitor to help with Claims Against the Prison Service is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £200-£300 but in some cases it could cost as much as £800.

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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.

claims-against-the-prison-service

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.

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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.

Contact the Prisons and Probation Ombudsman

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.

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