Prison Service Order Assisted Prison Visits Scheme ORDER NUMBER 4405 Date of Issue / Amendment 11/03/1999 Replaces PSO 4405 Assisted Prison Visits Unit (1998) and PSI 05/1998 Amendments can be tracked in the Numerical Index. PSI Amendments should be read before and in conjunction with PSO 13/08/1999 02/04/1998 PSI 68/1999 Amendment to PSO 4405 PSI 11/1999 Introduction to PSO 4405 ASSISTED PRISON VISITS SCHEME INTRODUCTION FROM THE DIRECTOR OF RESETTLEMENT 1. This Prison Service Order (PSO) is being issued to update the second edition of PSO 4405 (issue number 110 issued 1/11/2000) which it replaces. 2. The new PSO contains a number of changes to operating practice and revises the low income criteria to reflect the introduction from April 2003 of Child Tax Credit and Working Tax Credit and, from October 2003, Pension Credit. Performance Standards 3. The PSO underpins the Performance Standard on Prisoners’ Family Life. Output 4. The PSO sets out how the Assisted Prison Visits scheme operates, the eligibility criteria for assistance and what support the scheme will provide. For ease of reference the main changes to the PSO are listed in the Annex. Impact and Resource Assessment 5. The majority of the amendments apply either to the eligibility criteria or to the operation of the Assisted Prison Visits scheme as administered by the Assisted Prison Visits Unit (APVU). No additional resources are required by establishments. Mandatory Action 6. Governing governors and directors of contracted-out establishments must ensure that all relevant staff, seconded probation officers, managers/cocoordinators of visitors centres and volunteers who come into contact with visitors are aware of the PSO. Where relevant, they must ensure that staff comply with its requirements. 7. Staff in the APVU must operate the scheme in accordance with the procedures set out in the PSO and within the local operating standards set out in Chapter 12. Audit and monitoring 8. APVU’s performance in administering the scheme will be monitored by internal audit and Standards Audit. Standards Audit will monitor the effectiveness of establishments in providing information, application forms and advice to prisoners and visitors. Contact points 9. Contact points are as follows: Policy matters: Alan Jones, Head of APVU 0121 626 2208 Casework enquiries: South - Glen Whitlock North - 0121 626 3700 Amanda Jones 0121 626 2772 NOTE FOR ESTABLISHMENT LIAISON OFFICERS ELOs must record the receipt of the Prison Service Order - ASSISTED PRISON VISITS - in their registers as issue 164 as set out below. The PSO must be placed with those sets of orders mandatorily required under Chapter 4 of PSO 0001. Issue no. Date Order no. 164 10/02/03 4405 Ken Sutton Director of Resettlement Title and/or Date description entered set ASSISTED PRISON VISITS ELO signature in ASSISTED PRISON VISITS SCHEME CONTENTS Chapter 1 Scope of the Scheme 2 Eligibility 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Prison Establishments Close Relatives Partner Escorts Sole Visitors Prison Visitors Low Income 3 Visits 3.1 3.2 3.3 3.4 3.5 Entitlement Back-to-Back Visits Accumulated Visits Release on Temporary Licence Cancelled Visits 4 Travel 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 Rail Travel Private Motor Vehicle/Motor Cycle Cars Provided Under the Motability Scheme Taxis Car Hire Air Travel Ferries Bus Travel Community Bus or Similar 5 Subsistence/Childminding 5.1 5.2 5.3 Subsistence (Light Refreshment Allowance) Overnight Allowance Childminding/After School club 6 Advanced Payments 7 Confirmation of Prison Visits 8 Overpayments 9 Lost/Stolen Giro Cheques 10 Appeals and Complaints Procedure 11 Enquiries to the APVU 12 Operating Standards 13 Rates Payable/Tax Credit Income Limit Annex CHAPTER 1 – SCOPE OF THE SCHEME 1.1 Under Rule 4 of the Prison Rules 1999: "(1) Special attention shall be paid to the maintenance of such relationships between a prisoner and his family as are desirable in the interests of both. (2) A prisoner shall be encouraged and assisted to establish and maintain such relations with persons and agencies outside prison as may, in the opinion of the governor, best promote the interests of his family and his own social rehabilitation." There are similar provisions in Rule 42 of the Young Offender Institution Rules 2000. Throughout this PSO the words “prison" and "prisoner" should be taken to include "young offender institution" and "young offender". 1.2 The aim of the assisted prison visits scheme is to promote family ties and reflect the Prison Service mission statement by "... helping prisoners lead law abiding lives in prison and upon release." The principles on which the scheme is operated are to ensure a fair balance is struck between safeguarding public monies and ensuring that family ties are maintained. 1.3 To qualify a visitor must live in England, Wales or Scotland; be closely related to the prisoner or be the prisoner’s partner or only visitor; and be in receipt of a low income. This Order sets out the criteria to be met and any exceptions which may apply. 1.4 Help towards the cost of travel, an overnight stay, childminding and light refreshments is approved for up to twenty six visits per qualifying visitor per year. Rates of payment will be reviewed annually. 1.5 The Assisted Prison Visits Unit (APVU) acts as agents of the Scottish Prison Service and deals with applications for visits to prisons in Scotland. 1.6 Qualifying visitors living in England, Wales and Scotland who visit prisons in Northern Ireland can apply to the APVU for assistance. A reciprocal arrangement is managed and funded by the Northern Ireland Prison Service. 1.7 Close relatives and partners who normally qualify for assistance can apply for a prison visit to a Channel Island prison. Payment is restricted to two visits per year by a maximum of three qualifying adults per visit and qualifying children as agreed by the establishment. 1.8 Prison Governors must ensure that the Assisted Prison Visits Scheme is widely advertised in: visitors centres, visit and/or waiting rooms/areas and in the prison library. Prisoner induction programmes or similar must provide basic information about the APV scheme. Application forms/packs and information about the scheme in foreign languages and in Braille or on audiotape must be readily available and easily accessible to visitors and prisoners. 1.9 Application forms (VA001P) and Confirmation of a Visit forms (VA005) are available from Branston Store. Establishments must hold sufficient of each to meet the needs of visitors. 1.10 Posters, leaflets, audiotapes, notes in foreign languages and Braille are available from: Customer Services, APVU, PO Box 2152, Birmingham B15 1SD. CHAPTER 2 - ELIGIBILITY 2.1 Prison Establishments 2.1.1 The scheme covers HM Prison Service establishments managed by either the public or private sector and prisoners held in police cells when overcrowding occurs. 2.1.2 The scheme does not include secure hospitals (e.g. Broadmoor), local authority schools, Bail or Probation Hostels, Secure Training Centres or Immigration Detention Centres. 2.2 Close Relatives 2.2.1 A close relative is defined as: husband, wife, son, daughter, sister, brother, mother, father; adoptive step/half brother or sister, step parents, step children; or someone who was in loco parentis for a significant period during the prisoner's childhood. 2.3 Partner 2.3.1 A partner can qualify for assistance in one of the following ways: a) by confirmation from the Benefits Agency that the partnership had been declared prior to the term of imprisonment being imposed; b) by providing evidence such as official letters or documents e.g. utility bills, tenancy agreement, or rent book which confirms that the prisoner was living with the applicant for four months or longer immediately before the term of imprisonment was imposed; c) by confirmation from the Probation Service, Social Services, a solicitor, a local government representative or similar official body that the prisoner was living with the applicant for four months or longer immediately before the term of imprisonment was imposed. 2.3.2 The visiting costs of any children living within the family unit who accompany the partner to the prison will also be met. 2.3.3 Where a partnership is not proven but the carer or parent is in receipt of Child Tax Credit for looking after the prisoner's child or children, they will normally qualify as an escort, subject to their income not exceeding the published limit. 2.4 Escorts 2.4.1 Financial assistance may be extended to someone who acts as an escort to a close relative or partner who is under 18 years, over 75 years or too ill to travel alone or is unable to use public transport due to a medical condition. 2.4.2 If an adult requires an escort for medical reasons the APVU will request a doctor's letter to confirm this need. If the condition is not stated as permanent a further letter will be required at four monthly intervals. Where a qualifying visitor is in receipt of Disability Living Allowance the need for a doctor’s letter is waived. The APVU must have sight of the original award notice. An enhanced published mileage rate is payable. 2.4.3 An escort may be approved where a parent or carer meets the criteria for low income but is unwilling or unable to take the prisoner's child or children on a visit. The parent or carer must approve the prison visit by means of a letter to the APVU and provide information as required by the application process. 2.4.4 Individuals who act as an escort are paid at the same rate as close relatives but are exempt from the low income requirement. 2.4.5 If a visitor uses the services of a volunteer driver arranged by the Probation Service or Social Services or a family support group, a fixed mileage rate and subsistence will be paid at the published rate to the driver or organisation. Payment will be restricted to the total cost of public transport unless there is a medical reason for not using public transport or the visitor is over 75 years of age. 2.4.6 The cost of travel between the homes of the escort and visitor will be paid in accordance with normal travel rules. Payment will not exceed the published return journey rate. 2.4.7 A visitor who has been refused partnership status may qualify for assistance by acting as an escort to the prisoner's child or children if they claim benefit for them. 2.4.8 The APVU will request the carer to send one of the following to confirm that the prisoner is the parent of the child or children: long birth certificate; short birth certificate; medical card; Child Benefit award notice; similar government or local government document or other official document, showing the child’s surname to be the same as the prisoner’s. 2.4.9 Where it cannot be confirmed that the prisoner is the mother/father of the child/children a "Statutory Declaration of Acknowledgement of Parentage" form can be completed by the absent parent. Forms are available from the APVU. Prisoners are eligible to complete the form and can apply to see a member of the Board of Visitors, who should also be a Justice of the Peace or solicitor, to request the witnessing of the statutory declaration. The form must be returned to the APVU. 2.4.10 There is no requirement for the escort, parent, carer or prisoner to arrange for a new long birth certificate to be sent to the APVU after they have had sight of the statutory declaration. 2.4.11 The cost of long birth certificates is outside the scope of the scheme. 2.4.12 The APVU will not normally pay for any other children who accompany a visitor acting as an escort to the prisoner’s child or children, except where a partnership is proven (see 2.3.2). An exception may be made where there are compelling reasons, which must be approved by the Head of APVU. In reaching a decision the Head of APVU will take into account any child protection issues. 2.5 Sole Visitors 2.5.1 A sole visitor is defined as a person who meets the low income criteria, is not a close relative or partner and is the only person visiting the prisoner (excluding official visitors and Prison Visitors). 2.5.2 Sole visitor status will apply when: a) the prisoner receives no other domestic visitors; or b) the prisoner has not received any domestic visit during the previous four weeks. 2.5.3 Upon receipt of an application form from a person claiming to be a sole visitor, the APVU will write to prison establishments to request details of visits during the previous four week qualifying period. 2.5.4 Prison checks will be carried out by the APVU every 3 months although payments will continue while establishments deal with the request. The sole visitor may continue to receive assisted prison visits where establishment records confirm that no more than one additional visit (by one or more people) took place during the 4 week check period. Payment will normally cease when this limit is exceeded. 2.5.5 For an applicant to re-qualify as a sole visitor, the prisoner should not normally have received any other domestic visits during a 4 week period immediately before the date of the assisted visit. All visits by the applicant will be ignored when the APVU assesses the qualifying period. 2.6 Prison Visitors 2.6.1 Visits undertaken by Prison Visitors, who are normally appointed by the establishment chaplain, are not classed as domestic visits and are therefore ignored when sole visitor status is assessed. 2.7 Low Income 2.7.1 A close relative, partner or sole visitor must meet one of the following income criteria as set out in 2.7.2 – 2.7.3. 2.7.2 Benefit Award Receives Income Support or Job Seeker’s Allowance (Income Based) awarded by the Department for Work and Pensions (DWP). The APVU will confirm the award with the DWP and will seek confirmation every 6 months. One visit can be paid prior to the initial check and one visit at the time the 6 month check is issued. 2.7.3 Low Income a) Working and Child Tax Credit Receives: Child Tax Credit; or the disability element in Working Tax Credit; or Working Tax Credit with Child Tax Credit. In each case the gross annual household income must not exceed the published amount. The original tax credit award notice must be sent to the APVU. Upon receipt it will be photocopied and returned. b) Pension Credit Receives Pension Credit. The original award notice must be sent to the APVU. Upon receipt it will be photocopied and returned. c) Health Certificate Awarded a Health Certificate 2 or 3 by the Health Benefits Division, Department of Health. Any contribution for visiting a hospital as stated on HC3 will be deducted from the assisted prison visit payment. Assisted prison visit payments can be backdated up to three months before the commencement date of the Health Certificate. This rule reflects Department of Health policy on reimbursement of health expenses. The original health certificate must be sent to the APVU. Upon receipt it will be photocopied and returned. CHAPTER 3 - VISITS 3.1 Entitlement 3.1.1 Subject to para 1.7, each qualifying visitor is entitled to an assisted prison visit every 14 days and up to 26 assisted prison visits in a 12 month period. There is no requirement for visits to be made strictly every two weeks provided that the pro-rata entitlement is not exceeded. At the end of the 12 month period up to a maximum of 13 unclaimed assisted prison visits can be carried forward to the next period. The 12 month period commences from the date of the first assisted prison visit. 3.1.2 For the purposes of this scheme it does not matter how many visit sessions are attended in a particular day, which may or may not require more than one Visiting Order. Each visit day will count as one assisted prison visit. 3.1.3 The cost of additional visits, i.e. not ordinary or privilege visits, authorised by the governor will not count towards the annual entitlement. Examples include: visit is urgently necessary for the welfare of the prisoner or the qualifying visitor; to facilitate the attendance of a qualifying visitor at a case conference, seminar, workshop, or course. APVU will confirm any such visit with the establishment. 3.1.4 From time to time prisoners are temporarily transferred to a medical hospital for treatment. Subject to the prisoner remaining in prison custody and visits being authorised by the governor as in para 3.1.3, the cost of any such visits will be met in accordance with the rules of the scheme. However, as the claimant will not be able to send a Confirmation of a Visit form, the APVU must contact the establishment for proof of visiting. 3.1.5 In all cases applications must be made on Form VA001P or the Repeat Application Form and sent to the APVU within 28 days of the earliest claimed visit taking place. The APVU will normally reject claims which fall outside of the time limit although reasonable appeals will be considered. 3.2 Back-to-Back Visits 3.2.1 Visitors can choose to save up their assisted prison visits entitlement to facilitate more than one visit during a single return journey. 3.2.2 The cost of a back-to-back visit should be no more than the total cost of two single visits taken on consecutive days. Each visit day will count towards the annual entitlement. 3.3 Accumulated Visits 3.3.1 Accumulated visits are visits which sentenced prisoners have been allowed to save up and take twice a year within a short space of time at an establishment more convenient for their visitors. 3.3.2 The cost of accumulated visits will be reimbursed provided that the visitor meets the normal requirements for assisted visits. The number of assisted visits must not exceed the entitlement plus any carried forward from the previous 12 month period. 3.4 Release on Temporary Licence 3.4.1 The APVU will pay for a visitor to collect and return to the establishment a prisoner who is released on temporary licence. 3.4.2 Normal travel and subsistence rates will apply but the overall cost will be restricted to that normally paid for a prison visit. Each return journey will count towards the annual entitlement. 3.5 Cancelled Visits 3.5.1 A visitor who is sent an advanced payment and/or rail warrant and later cancels a visit is required to return all monies and/or rail warrants to the APVU unless another visit is planned within the next 7 days. 3.5.2 If a visitor arrives late at the prison and the visit does not take place the APVU will not normally reimburse the cost of travel or pay subsistence. 3.5.3 Any visits cancelled by the governor for operational reasons will attract payment where the prison has been unable to notify the visitor prior to the commencement of their journey. Payment will not count towards the annual entitlement. 3.5.4 Visitors who are notified upon arrival at the establishment of the prisoner’s transfer will be paid in accordance with the rules of the scheme. Payment will not count towards the annual entitlement. 3.5.5 Visitors refused entry to the prison for being intoxicated or unruly or for carrying contraband or failing to provide acceptable ID will not qualify for assisted prison visits. In these cases the Confirmation of a Visits form must not be completed by the establishment. The visitor must repay any advanced payment unless a visit takes place within 28 days of being refused entry. 3.5.6 Governors must notify the APVU of any visitors who are banned in accordance with PSO 3610 (Measures to Deal With Prisoners and Visitors who Smuggle Drugs Through Visits). To help maintain contact between prisoners and their children, a banned visitor who would otherwise qualify for assisted prison visits may nominate an escort for their child/children, subject to notifying the APVU in writing. CHAPTER 4 - TRAVEL 4.1 Rail Travel 4.1.1 The cost of standard class travel by rail will be reimbursed subject to proof of expenditure i.e. the visitor is required to attach a receipt and/or used tickets to the application form. Failure to comply may result in future payments being refused. 4.1.2 Visitors who give ten working days notice of the journey will be sent a rail warrant to exchange for tickets. 4.1.3 The APVU will pay the cost of a rail discount card subject to the cost of the card being recovered through lower fares. If the visitor fails to use a rail card which has been paid for by the APVU, the cost of the railcard may be deducted from a future payment. Caseworkers will enter a notation on the applicant (computer) notes on every occasion on which the APVU meets the cost of a discount rail card. 4.1.4 Visitors who use a pre-paid pass, for example a weekly ticket, will be reimbursed at the normal return journey rate subject to proof of purchasing the pass. The cost of individual journeys must not exceed the cost of the pre-paid pass for the specified period. 4.2 Private Motor Vehicle / Motor Cycle 4.2.1 A fixed, published mileage rate is paid to car and motorcycle users. 4.2.2 Petrol receipts are not required. APVU will calculate the journey mileage based on the claimant’s post code and establishment post code by means of a computerised journey planner. Normally the “shortest” route will be paid unless the “quickest” route is cheaper, taking into account the payment of subsistence and/or an overnight stay. 4.2.3 Bridge and tunnel tolls will be reimbursed and wherever possible a receipt should be obtained as proof of expenditure. 4.2.4 Receipted car parking charges will be reimbursed for visits to those establishments where car parking is not provided or is restricted. 4.2.5 When a visitor shares a car with someone who is also claiming from the APVU their claims should be sent in together. 4.2.6 Visitors who travel by car from the same address are expected to share a car, as the APVU will not pay for separate car use. 4.2.7 Road congestion charges or similar are not reimbursable unless the visitor is unable to use public transport due to a medical condition as confirmed in writing by a doctor. Where the condition is temporary a further doctor’s letter will be required at 4 monthly intervals. 4.3 Cars Provided under the Motability Scheme 4.3.1 Visitors who are in receipt of Disability Living Allowance can exchange this benefit for a car which is provided under the Motability scheme. 4.3.2 The APVU will consider paying part or all of any excess mileage charge imposed by Motability Finance Ltd where it can be shown the excess miles are as a direct result of assisted prison visits. 4.4 Taxis 4.4.1 The reimbursement of taxi fares will be considered in the following circumstances only: walking distance exceeds 20 minutes to or from bus stops and/or rail station; or visitor is 75 years or over; or there is a medical reason, confirmed in writing by a doctor, which prevents the use of public transport. The doctor should also state if the condition is permanent or temporary. In the case of a temporary condition a further letter will be required at 4 monthly intervals. 4.4.2 Receipts are required and wherever possible must show the following information: name of company and telephone number details of journey amount and date paid signature of driver The APVU will carry out random checks with the taxi operator and in all cases where they believe the receipts are either false or have been altered. 4.4.3 Visitors who qualify for a taxi because of a medical condition or because they are 75 years or over may use the services of a volunteer driver arranged by the Probation Service or Social Services or a prisoners’ families support group or a friend. A fixed mileage rate and subsistence will be paid at the published rate to the organisation or friend. 4.5 Car Hire 4.5.1 Only car hire from a private company will be approved. The cost must be less than public transport unless there is a medical reason which prevents the use of public transport. The doctor should also state if the condition is permanent or temporary. In the case of a temporary condition a further letter will be required at four monthly intervals. Where a qualifying visitor is in receipt of Disability Living Allowance the need for a doctor’s note is waived. The APVU must have sight of the original award notice. 4.5.2 The maximum inclusive hire cost and allowance per mile payable will not exceed the published rate. 4.5.3 Car hire will only be reimbursed upon proof of expenditure. 4.6 Air Travel 4.6.1 Air travel is approved where the cost is less than other means of public transport. 4.6.2 Costs will only be reimbursed upon receipt of proof of expenditure. 4.7 Ferries 4.7.1 The cost of ferries will normally be limited to foot passengers only and subject to proof of expenditure. Reimbursement is limited to the cost of the cheapest method of crossing available to allow the visit (see 4.7.4). 4.7.2 The cost of travel by private motor vehicles will not normally be reimbursed unless there is a medical reason which restricts the use of public transport. This must be confirmed in writing by a doctor, indicating whether the condition is temporary or permanent. In the case of a temporary condition a further letter will be required at four monthly intervals. Where a qualifying visitor is in receipt of Disability Living Allowance the requirement for a doctor’s letter is waived. 4.7.3 Where a claimant meets the cost of taking their car on the ferry to the Isle of Wight, the equivalent cost of public transport fares will be paid for the return journey from the port to the establishment. 4.7.4 The return cost of taking a car by ferry from an island when visiting a prison on the mainland will be met, subject to the total visit cost normally being cheaper than the same journey by public transport. 4.8 Bus Travel 4.8.1 Used tickets must be sent as proof of expenditure. 4.8.2 The cost of a bus discount card will be reimbursed if the cost can be recovered through the payment of lower fares. 4.8.3 Visitors who use a pre-paid pass, for example a weekly ticket, will be reimbursed at the normal return journey rate, subject to proof of purchasing the pass. The cost of individual journeys must not exceed the cost of the pre-paid pass for the specified period. 4.9 Community Bus or Similar 4.9.1 Visitors may use a community bus or similar but the reimbursement of receipted expenditure will be restricted to the maximum cost of the same journey by public transport. CHAPTER 5 – SUBSISTENCE / CHILDMINDING 5.1 Subsistence (Light Refreshment Allowance) 5.1.1 A contribution towards refreshments will be paid at the published rate for an absence from home. Eligible children aged 1 year and above will also attract payment. 5.1.2 Receipts are not required. 5.2 Overnight Allowance 5.2.1 Where it is considered appropriate, a contribution will be made towards bed and breakfast accommodation. 5.2.2 The factors taken into account are: a) b) c) d) e) f) Length of time absent from home; Difficulty of journey; Number and ages of children escorted; Age of visitor; Availability of public transport; Medical needs as indicated in a doctor's note. 5.2.3 Visitors are recommended to seek approval from the APVU before incurring expenditure and will be required to produce receipts to support their claim. 5.2.4 Actual costs or up to the maximum published rate will be paid, whichever is the cheaper. 5.2.5 In addition to the overnight allowance an over five hours or over ten hours subsistence rate may be payable. This will be calculated from the time the visitor leaves home until they return. Subsistence will be payable only to cover lunch and/or an evening meal. 5.2.6 The cost of the journey between the establishment and accommodation address (or vice versa) will be met in accordance with the rules but subject to the maximum published rate per journey. 5.3 Childminding/After School Club 5.3.1 The Prison Service recognises that on occasion it may be inappropriate to take a prisoner’s child who is under 16 to visit their mother or father in prison. 5.3.2 The scheme allows for the payment of childminding costs, after school club or similar. To qualify for payment the parent or carer must normally qualify for assisted prison visits and be in receipt of Child Tax Credit for the child or children, subject to their income not exceeding the published limit. 5.3.3 Payments are not usually made to relatives and friends of a visitor who look after a qualifying child or children whilst the close relative visits the prison. 5.3.4 APVU will not normally communicate directly with the nominated childminder, organising authority, after school club or similar before any payments are made. 5.3.5 The claimant will be required to provide details of the childminder or authorised person. This will include the name and address of the childminder or authorised person, their registration number and the name and address of the local authority with which they are registered. 5.3.6 The rate paid will not normally exceed the published rate. CHAPTER 6 - ADVANCED PAYMENTS 6.1 It is recognised that many visitors who are in receipt of a low income may not be able to afford to buy their tickets and/or petrol from their state benefits and/or wages. 6.2 APVU is authorised to issue up to two advanced payments subject to the claimant being in receipt of no more than two advanced payments at any one time. The visitor must give the APVU 10 working days notice of the forthcoming visit. 6.3 Payment will not be authorised earlier than 28 days prior to the first visit shown on the application form. 6.4 The visitor is required to retain, as proof of expenditure, any tickets and/or receipts which must be sent to the APVU within 28 days of making the visit or attached to their next claim if sooner. A Confirmation of a Visit form is also required (see Chapter 7). Failure to comply may result in any future payments being refused. CHAPTER 7 - CONFIRMATION OF PRISON VISITS 7.1 A confirmation of visits system must operate in every establishment including contracted out prisons. 7.2 Governors must identify a location where the Confirmation of a Visit form can be presented by the visitor for completion by prison staff. Spare copies of the form must be held by establishments and made available to the visitor upon request. (See para 1.9) 7.3 In addition to confirming that a visit took place, the form must also be date stamped when a qualifying visitor is collecting or meeting at the gate a prisoner who is released on temporary licence or when a visitor is attending the prison to participate in a Lifer Day, Relationship Course or similar. 7.4 Each establishment must use a special visit date stamp to confirm that the visit took place. 7.5 A Confirmation of a Visit form is valid for one adult and one visit only. 7.6 Establishments must not in any circumstances backdate any Confirmation of a Visit form. 7.7 The nominated officer is required to write, IN WORDS, the number of children accompanying the visitor, date stamp the form and return it to the visitor. Blank forms must not be date stamped. 7.8 The form will be sent by the visitor to the APVU with their next application. 7.9 Establishments must reorder confirmation of a visit date stamps locally. CHAPTER 8 - OVERPAYMENTS 8.1 The system is managed to ensure a fair balance is struck between safeguarding public monies and ensuring that family ties are maintained. 8.2 APVU will make every effort within the rules of the scheme to recover overpayments. From time to time overpayments may occur when false information is given on the application form; the visitor has altered the giro cheque or receipts; the claimant has received an advanced payment for a visit which subsequently does not take place; or an administrative error occurs. 8.3 A confirmation of a visit system will operate (see Chapter 7) to minimise the risk of an overpayment. However, the APVU may still need to contact establishments to confirm when visits actually took place, particularly where the applicant has failed to include a Confirmation of a Visit form. Establishments must deal with such enquiries within 5 working days of receipt. 8.4 Where an overpayment has occurred claimants will be offered alternative methods of repaying the debt, to avoid the situation where visits to the prisoner cease altogether because the claimant cannot find the money to clear the debt. These include: making unassisted visits up to the value of the overpayment; having up to 10% deducted from the due payment (the deduction should not exceed £10) until the debt is recovered; or by agreeing to repay by monthly or weekly instalments. 8.5 Where the scheme is abused a second time the claimant will be suspended until the debt is repaid in full. 8.6 Claimants are expected to co-operate with enquiries from the APVU. In cases where the claimant does not respond to such enquiries and the debt exceeds £75, the police will be asked to investigate. This will not normally apply where an overpayment has resulted from an administrative error. 8.7 In all cases where claimants appear to have amended or falsified a ticket, receipt or giro cheque and fail to respond to APVU enquiries, the matter will be referred to the police for investigation. If the claimant admits, or is found guilty of an offence, a 3 month suspension will normally be imposed in addition to the requirement to repay the debt. 8.8 The Head of Unit has delegated authority to suspend claimants. In all cases a report outlining the circumstances will be sent to the Head of Regime Services Group who, in appropriate cases, may amend the decision. 8.9 Advice must be sought from the Treasury Solicitor on recovering a debt through a civil court where the debt exceeds £1,000. 8.10 The APVU will maintain a record of overpayments which will be analysed to record the type of overpayment by category, the action taken to recover monies, and the date any write-off request was made in accordance with the Prison Service Finance Manual. 8.11 Where overpayments are written off and the visitor later applies for assistance, the APVU will invite the visitor to comment about previous applications before any assessment is made of the current application. CHAPTER 9 - LOST OR STOLEN GIRO CHEQUES 9.1 The following procedure will apply when a visitor reports to the APVU the loss or theft of a giro cheque. 9.2 The visitor must be instructed to report the loss or theft of the giro cheque to the police and to confirm in writing to the APVU the date reported to the police, address of the police station, name of police officer who dealt with the matter, any police reference number and circumstances of the loss or theft. 9.3 Upon receipt of the letter the APVU must write to the Giro Bank to put a stop on the lost /stolen giro cheque. 9.4 Due to normal banking practices the APVU will not, under any circumstances, issue a new giro cheque until three working days after the loss or theft has been reported to the bank. 9.5 The visitor should therefore allow up to ten working days before receiving a replacement giro cheque. CHAPTER 10 - APPEALS AND COMPLAINTS PROCEDURE 10.1 The individual circumstances of visitors do not always match the criteria set out in Chapter 3 - Eligibility. To ensure this non-statutory scheme is operated fairly for prisoners, visitors and public finances the Head of the APVU has authority to approve exceptional payments to visitors who fall just outside of the qualifying rules. 10.2 These decisions are usually made following an appeal by the visitor against a refusal of financial assistance. Often their appeal is supported by the Probation Service, Social Services, or a Prisoners’ Family Support Group. 10.3 The Head of the Assisted Prison Visits Unit will consider the appeal and supporting evidence and take into account the views of the appropriate assisted visits caseworker and their Team Leader. Where a visitor is shown on prison records as the Next of Kin, exceptional status will normally apply, subject to the low income criteria being met. 10.4 In cases where the claimant feels the rules have been applied unfairly or unreasonably the Head of APVU will review the decision and take into account all the circumstances before reaching a conclusion. The Head of APVU is not authorised to pay different rates to those published or extend payments to someone who falls outside of the criteria for low income. 10.5 All decisions must be notified to the visitor in writing or by telephone within ten working days of the appeal being received. 10.6 The APVU will maintain a record of appeals. 10.7 A published complaints procedure will operate and a record of complaints will be maintained. CHAPTER 11 - ENQUIRIES TO THE APVU 11.1 An enquiry line for general public use is normally available between 1015 to 1145 and 1415 to 1545 Monday to Friday. Telephone No: 0845 3001423 (calls are charged at local rates) Minicom No: 0845 3040800 (calls are charged at local rates) 11.2 Staff must not use the above telephone numbers but refer to the Prison Service telephone directory. CHAPTER 12 12.1 OPERATING STANDARDS The APVU will aim to achieve a consistent and high standard of customer service and care. This will be achieved through the following operating standards: Applications will normally be assessed within 10 working days of receipt. Letters will normally be answered in full within 10 working days or an acknowledgement sent if further information is required. An appeals and complaints system will operate and a summary of outcomes will be published in an APV Newsletter. Customers will be treated with respect and understanding at all times and without prejudice. A telephone helpline will normally be available for use by visitors between 1015 - 1145 and 1415 - 1545 (Monday to Friday). Calls will, wherever possible, be answered within 7 rings. If the service is unavailable a recorded message will give an explanation. A customer survey will be carried out at least once a year and the results will be published in an APV Newsletter. Operating standards will be monitored by the Head of Unit and the results published in an APV Newsletter. Staff will give their name when answering the telephone or writing a letter. Any significant changes to the scheme will be notified to claimants through an APV Newsletter. CHAPTER 13 APRIL 2003 13.1 RATES PAYABLE / TAX CREDIT INCOME LIMIT - AS FROM 1 Rates payable are as follows: Mileage Allowance 12 pence per mile Subsistence Allowance Over 5 hours Over 10 hours £2.55 £5.10 Note: Qualifying age for eligible children is 1 year and over Overnight Allowance London and South East: Adult £25.50 (maximum) Child £13.80 (maximum) Elsewhere: Adult £18.00 (maximum) Child £9.00 (maximum) Note: Adult includes eligible children aged 14 years and over Child includes eligible children aged 3 and over and up to 13 years Eligible children aged between 1 and 2 years will attract over 5 hours subsistence, where an overnight payment is made to an accompanying adult The maximum cost payable for a single journey between the prison & accommodation address (or vice versa) is £15. Public transport tickets/receipts are required to confirm expenditure Car Hire £38 per day (inclusive) plus 12 pence per mile Childminding The rate paid will not normally exceed £2.75 per hour Motability Cars Excess miles charged by Motability Finance Ltd: 12,001 - 14,999 miles 15,000 - 19,999 miles 20,000 and over Volunteer Driver - 5 pence per mile 8 pence per mile 10 pence per mile 31 pence per mile plus subsistence – organisation e.g. National Probation Service 26 pence per mile plus subsistence – individual (medical cases only) Escort Payment for a return journey between the home of an escort and the visitor will not normally exceed £25 13.2 Income Level – Working and Child Tax Credits The maximum gross annual household income must not exceed £13,895 Annex SUMMARY OF MAIN AMENDMENTS The main amendments to the Assisted Prison Visits scheme are set out below in paragraph order. Introduces a four month time limit on doctors’ letters where a temporary medical condition is confirmed (paras 2.4.2; 4.4.1; 4.5.1; 4.7.2); Qualifying visitors in receipt of Disability Living Allowance who require the help of an escort, or a hire car, will not be required to provide a doctor’s letter, subject to the APVU having sight of the original award notice (paras 2.4.2, 4.5.1, 4.7.2); Requires the carer or parent of a child to contact the APVU to authorise another person to escort their child/children to the prison to visit the parent in prison (para 2.4.3); Recognises a Child Benefit award notice or similar government or local government documentation as proof to confirm the prisoner is the father or mother of a child being escorted to the prison (para 2.4.8); Gives authority to the Head of Unit to extend payment in exceptional circumstances to children not related to a prisoner who accompany an escort to the prison (para 2.4.12); Recognises Working and Child Tax Credits as low income criteria. Specific conditions apply (para 2.7.3a); Recognises Pension Credit as a low income criterion (para 2.7.3b); Reflects Department of Health policy on backdating expenses up to three months from the date a Health Certificate 2 or 3 is issued (para 2.7.3c); Introduces flexibility, by relaxing the requirement for assisted prison visits to be made at two weekly intervals but subject to the entitlement rate not being exceeded (para 3.1.1); Restricts the journey cost by car to the “shortest” route identified by a computerised journey planner except where the overall journey cost is cheaper using the “quickest” route (para 4.2.2); Recognises the reimbursement of bridge and tunnel tolls (para 4.2.3); Advises on the treatment of road congestion charges (para 4.2.7); Allows the payment of bus fares between the port and prison where a qualifying visitor pays for their own car to be taken by ferry to the Isle of Wight (para 4.7.3); Authorises the payment of taking a car by ferry from an island when visiting a prison on the mainland, subject to the overall visit cost being cheaper than the same journey by public transport (para 4.7.4); Introduces repayment for a journey between an overnight accommodation address and the establishment (para 5.2.6); Recognises “Next of Kin” as shown on Prison Records as a qualifying visitor under “exceptional” status but subject to meeting the low income criteria (para 10.3); Clarifies the authority granted to the Head of APVU to deal with appeals (para 10.4); Introduces revised APVU operating standards (para 12.1).
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