Complaints and legal rights

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Detainees know how to complain and are provided with information about complaints procedures in a format they can easily understand.
• Detainees have easy access to complaint forms and can submit them confidentially.
• Detainees can ask for help from staff, family, friends or legal advisors to make their complaint.
• All complaints are dealt with fairly and promptly. Responses consider individual circumstances and the outcome the detainee is seeking.
• Detainees can elect to explain their complaint in person.
• Responses to complaints are received within agreed timeframes, easy to understand, comprehensive, respectful and address the issues raised.
• All types of complaint are routinely logged and monitored to identify any patterns and improve provision.
• There is an effective quality assurance process for complaints responses, with external validation.
• Detainees are consulted regularly about the internal complaints system to monitor and maintain confidence in it.
• Complaints about health care provision and treatment are managed separately from the main complaints system.
• Mediation services are available and effective.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Detainees are not discouraged or deterred in any way from complaining and are not encouraged to withdraw complaints.
• Detainees can elect to have someone else make a complaint on their behalf.
• Complaints can be made outside the chain of command.
• Measures are in place to protect those who make complaints against staff and/or other detainees from possible reprisals and consequences.
• Complaints about staff are investigated by an appropriately senior and independent person.
• Detainees know how to appeal against decisions.
• Detainees have access to recognised external organisations offering support in pursuing a complaint.
• Detainees can easily speak to an independent visitor and/or the Service Visiting Officer in confidence.
• Information about how to contact the Service Complaints Ombudsman for the Armed Forces is well advertised.
• If detainees remain dissatisfied with the outcome, they receive help to pursue complaints and grievances beyond the establishment and can take their complaint to an independent body.
• Detainees are not discouraged from speaking to inspectors or other independent visitors to custody or disadvantaged in any way if they have done so.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Detainees understand their legal rights, including rights of appeal and where applicable, their right to elect to be heard by court martial.
• Detainees are provided with information about the legal advice and representation available to them (both civilian and military) in a manner they understand.
• Information about the Service Justice System is available in an understandable format.
• Parents/carers are informed of children’s legal rights at the request of the child.
• Detainees can contact community legal advice helplines free of charge.
• Detainees still awaiting a decision on their future in the Armed Forces are kept regularly updated and can attend any hearings with their parent unit.
• Detainees who will be discharged from the Armed Forces at the end of their sentence understand the terms of their discharge.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Detainees are supported to find a legal representative if necessary.
• Detainees eligible for legal aid are helped to apply for it.
• Detainees can confidentially communicate with their legal and political representatives by telephone, fax and letter, even if they do not have the means to do so.
• Private and confidential legal visits are supported and accommodated without delay in suitable facilities.
• Detainees have access to stamps, writing materials and a computer and printer to prepare legal correspondence and documents, and can review their digital evidence.
• Detainees requiring help with reading or writing legal correspondence are offered it, including help from outside the establishment.
• Video link is available for eligible hearings and for other legal consultations, and facilities are fit for purpose.
• Legally privileged correspondence is not opened by staff unless there are documented exceptional circumstances and the detainee is present.
• When a decision is made to discharge them from the Armed Forces, detainees can appeal.
• Detainees are on the electoral register if they are eligible and wish to vote, can receive campaigning material and can freely exercise their right to vote.