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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80459
Experience:  Over 5 years in practice
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What can I do if the human rights of my partner in prison

Customer Question

What can I do if the human rights of my partner in prison are not being considered. Inmates mental health is suffering considerably with the extreme conditions forced on them and the lack of care being provided
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: I have contacted our mp, the mp for the prison ward, the DG of prison services, the families helplines, the bbc, the telegraph, the IMB, the prison reform trust, probably others that I forget
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, my partner was working out of the prison daily on the ROTL scheme, building for his future and assisting with his rehabilitation the correctional process and This stopped when the Gold regime was applied. However, looking at gov website as he was a key worker it should not have stopped for him, thus has therefore also denied him a foundation for his future, further adding stress as he is working about this and that no home visits can now be had for his reintegration back home
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 1 year ago.

What are the human rights abuses?

Customer: replied 1 year ago.
Being locked in cell for 11 weeks for 23.5 hours a day, staff and contractors not wearing ppe to protect the inmates no contact with a doctor or dentist, no assustance with mental wellbeing no continuation or insight for continued reform. Being treated worse than illegal immigrants.
Customer: replied 1 year ago.
He is losing his mind, his income, his continued progression his home visits and therefore his future
Customer: replied 1 year ago.
The prison service is breaking the law by not continuing the key worker role on ROTL.as or gov website
Expert:  Jo C. replied 1 year ago.

Thanks for the information.

I am sorry but I cannot give you particularly good news then. I’m afraid you are in difficulty here. There is one option though.

Obviously you are describing fairly horrible conditions. That is different from human rights breaches. You'll find quite a good book that here on that point

http://www.prisonreformtrust.org.uk/Portals/0/human%20rights%20bookletdigital.pdf

You could argue that being denied medical treatment amounts to a breach of the right to life.

You can obviously complain to the governor. You do have the option to judicially review the governors decision as an interested party. That is quite an expensive action but it is open to you.

I do understand the importance of key workers but that is not a human rights breach I'm afraid. The human rights act was concerned with really significant misconduct rather than departures from the ideal.

I'm afraid the absence of PPE is not a human rights breach either although if he were to contract the virus there may be a claim in negligence but that has not happened thankfully.

Everybody does accept that conditions in prison are much harder during the age of coronavirus and indeed there has been case law urging judges not to send people to prison or to reduce their sentences during this difficult time.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

Customer: replied 1 year ago.
I cant take a call I'm at work
Expert:  Jo C. replied 1 year ago.

No, no.

I can do this online.