There is a clear approach to promoting equality of opportunity, eliminating unlawful discrimination and fostering good relationships. The distinct needs of prisoners with particular protected characteristics and any other minority characteristics are recognised and addressed. Prisoners are able to practise their religion. The chaplaincy plays a full part in prison life and contributes to prisoners’ overall care, support and rehabilitation.

Strategic management

37. The prison demonstrates strong leadership in delivering a coordinated approach to embedding equality considerations in regimes, eliminating all forms of unlawful discrimination and promoting inclusion.

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

  • There is a local equality and diversity strategy that outlines how the needs of all groups within the prison will be identified and addressed.
  • The governor/director leads by example in promoting equality and diversity.
  • Prison policies and regime activities are reflective of the diverse needs of the prisoner population.
  • A named person of appropriate seniority has overall responsibility for equality and diversity.
  • Staff with specific equalities responsibilities are given sufficient time and support to fulfil their role, and have clear job descriptions and objectives.
  • Equality and diversity issues and outcomes are monitored regularly by a committee involving managers, staff and prisoner peer workers from across the prison.
  • There is regular and effective input by external community representatives, providing advice at a strategic level and support to prisoners.
  • Awareness of the needs of people with protected characteristics is promoted by educational and celebratory events.

38. The prison employs fair processes to ensure that no prisoner or group is disadvantaged.

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

  • The prison has clear systems in place to minimise all forms of unlawful discrimination or disadvantage.
  • Staff are trained and supported to identify and eliminate unlawful discrimination.
  • There are effective monitoring systems to help identify discrimination in treatment and access to services, for example, allocation to activities.
  • Data on discriminatory incidents and allegations is routinely analysed for patterns.
  • Potential adverse outcomes are investigated thoroughly. Remedial action is taken promptly and evaluated.
  • Monitoring data is made available in various formats so that it is accessible to all people with particular protected characteristics, whether prisoners, visitors or staff.

39. Discriminatory behaviour is challenged robustly and consistently.

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

  • All forms of discriminatory language and conduct are challenged.
  • Prisoners and staff know what behaviours and language are acceptable.
  • Prisoners, staff and visitors know how to report an incident, are supported to do so and are safe from any repercussions.
  • Responses to discrimination complaints are timely and are based on a thorough investigation. Allegations and incidents are investigated thoroughly.
  • There are clear links between designated equality staff and the establishment’s approach to violence reduction.
  • There are effective interventions to support victims of discrimination and to challenge perpetrators.
  • Prisoners who have been involved in racist or other hate crime or incidents are identified and managed appropriately.

40. Prisoners play a central role in eliminating all forms of discrimination and are consulted frequently to strengthen the support available.

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

  • Prisoner equality representatives are used to support their peers.
  • Prisoner equality representatives are well known and have appropriate support and job descriptions.
  • Prisoners have the opportunity to express their views about equality and diversity issues on a regular basis.
  • Prisoners have access to staff and outside agencies on a regular basis to answer queries and seek advice.
  • There is proper oversight of peer supporters (or buddies) who provide assistance to individual prisoners.

Protected characteristics

41. Prisoners with protected characteristics and any other minority characteristics are treated equitably and according to their individual needs.

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

  • Staff promote and model inclusion in all aspects of their work and show an awareness of equality, anticipating and addressing the needs of prisoners.
  • Assessments on arrival at the prison cover all protected characteristics.
  • Prisoners have access to information in a format and language they can easily understand, for example, DVD, easy read or Braille.
  • Any prisoner who requires a personal care plan is identified quickly and an individualised plan is put in place. Care plans are kept up to date and, where appropriate, are multidisciplinary.
  • Staff are aware of prisoners who may require extra support in the event of an emergency. Personal emergency evacuation plans are used.
  • Staff are aware of prisoners who need assistance to complete everyday activities.
  • Staff make reasonable adjustments to ensure that prisoners with protected characteristics can participate in activities which meet their needs.
  • External support groups and networks are effectively promoted and prisoners are helped to make contact with them.
  • Rehabilitation and release planning work takes account of the specific needs of prisoners with protected characteristics.

42. The specific needs of prisoners from all racial and ethnic minority groups are met.

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

  • Staff are aware of and respond appropriately to race and cultural issues.
  • Sufficient attention is paid to the distinct needs of prisoners from the Gypsy, Roma and Traveller communities, including support for maintaining family ties.

43. The specific needs of foreign national prisoners and detainees are met.

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

  • Staff are aware of the distinct needs and cultural preferences of foreign nationals, especially those nationalities represented in the prison.
  • Staff know which prisoners find communicating in English a challenge. Prisoners have access to accredited translation and interpretation services whenever accuracy or confidentiality is required.
  • Key information about prison life is available in foreign languages.
  • Foreign national prisoners receive help to keep in touch with family abroad.
  • Foreign nationals’ individual rehabilitation and release needs are met. Foreign national prisoners are not treated less favourably than British prisoners when meeting these needs.
  • Foreign national prisoners understand their immigration status and what will happen on completion of their custodial sentence.
  • Prisoners are informed as soon as possible of any decision to detain under immigration powers (IS91), in a language that they understand. They receive notification of removal directions at least 72 hours in advance.
  • Prison staff understand the potential impact of deportation decisions on an individual’s mental health and provide appropriate support.
  • Deportation matters are concluded before the end of the custodial sentence.
  • Immigration detainees held solely under administrative powers are not held in prisons other than in exceptional circumstances following risk assessment. This decision is reviewed every month and confirmed in writing.
  • Men held on immigration grounds alone have access to a regime and facilities commensurate with their status and comparable, as far as possible, to what would be available to them in an IRC.

44. The specific needs of prisoners with disabilities are met.

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

  • Prisoners have access to appropriate specialist support services and equipment (equivalent to that which would be available in the community) to enable them to communicate and understand the regime. Accredited interpreting services are used wherever accuracy or confidentiality is important.
  • Reasonable adjustments are made to ensure that prisoners with disabilities, including those with learning disabilities/difficulties, have equitable access to the regime and facilities.
  • Prisoners who are unable to work because of a disability are unlocked during the day and provided with appropriate and sufficient regime activities.
  • Unemployment pay for prisoners unable to work due to disability is set at a level that is sufficient for those without other income to maintain a reasonable standard of prison life.
  • Prisoners with less obvious disabilities (for example learning disabilities) are identified, assessed and have their needs met.

45. The specific needs of trans and intersex prisoners are met.

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

  • Decisions about the location of a trans or intersex prisoner are taken following a multidisciplinary case conference and take account of the views of the prisoner and any available evidence of living in their gender identity. Wherever possible, and subject to an assessment of the relevant risk factors, trans and intersex prisoners are located in a prison consistent with the gender with which they best identify.
  • Prisoners who wish to begin gender reassignment are permitted to live permanently in their chosen gender identity and can access appropriate medical and other specialist support.
  • All gender variant prisoners, which includes prisoners who identify as trans, non-binary, gender fluid, or who are intersex, have access to the items they use to maintain their gender appearance following agreement with the prisoner on how best to facilitate this. Any restrictions are based on properly evidenced justifications.
  • Trans prisoners are routinely addressed as, and referred to in, the gender they identify with. Non-binary or gender fluid prisoners are referred to using their preferred pronoun.
  • Trans or intersex prisoners are able to access support or counselling services where needed, including external support networks.
  • There are arrangements to educate staff, enabling them to adequately support prisoners in transition and prisoners who are gender fluid, non-binary, trans or intersex.

46. The specific needs of prisoners of all sexual orientations are met.

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

  • Staff training and development promotes equal respect for prisoners of all sexual orientations and raises awareness of the discrimination faced by gay and bisexual prisoners.
  • Acceptance of all sexual orientations is promoted.
  • There are clear guidelines for prisoners about what behaviours are acceptable.
  • Prisoners who are gay or bisexual are supported via specific groups/schemes within the prison and through referral to external support networks.

47. The specific needs of young adults (aged 18–25)1 are met.

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

  • Local policies and practices, including staff training, reflect the distinct needs of young adults and respond appropriately to individual levels of maturity.
  • Where appropriate, young adults have an individual care plan to support emotional well-being and help identify and meet specific needs.
  • Young adults arriving from the children and young people’s estate are carefully prepared for transfer into the adult estate, are identified systematically on arrival and are actively supported.
  • Young adults have opportunities to develop a greater sense of being part of a community and a sense of responsibility to others through a range of meaningful roles, such as peer support.
  • Behaviour management processes are applied proportionately to young adults.
  • Young adults are regularly consulted about the range of age-appropriate activities offered.
  • Staff are aware of the needs and entitlements of young adults who have been looked after children, and these are met.
  • Rehabilitation and release planning support reflects the specific needs of young adults.

We have deliberately defined ‘young adults’ in this context as those aged 18–25 years. This reflects emerging evidence that young people often have specific needs beyond age 21, which is the age at which ‘young offenders’ (18–20-year-olds) are usually reclassified as adults.

48. The specific needs of older prisoners are met.

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

  • A range of age-appropriate activities are available which aim to occupy and engage older prisoners.
  • Staff working with older prisoners can recognise the signs of mental health problems and the onset of dementia.
  • Older prisoners who are retired or unfit to work are unlocked during the day and provided with sufficient appropriate activities.
  • Minimum retirement pay is set at a level that is sufficient for those who do not have another source of income to maintain a reasonable standard of prison life.
  • Prisoners over 70 years of age do not pay for their TV, regardless of income.

49. The specific needs of other identified minority groups within the prison are met.

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

  • Population data is used to identify other minority groups (for example ex-service personnel) within the prison who may have specific needs while in custody and when preparing for release.
  • The prison has clear guidelines for staff and prisoners on how the needs of these groups will be addressed.

Faith and religion2

50. Prisoners are encouraged to practise their religion fully and in safety.

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

  • Prisoners have easy access to corporate worship and faith-based classes and groups.
  • The make up of the chaplaincy team is commensurate with the prison’s faith populations.
  • Staff supervision of faith services is respectful and proportionate.
  • Prisoners and staff know chaplaincy members well.
  • Faith areas are accessible and permit contemplation, reflection and prayer.
  • Alternative or additional provisions are made when individual prisoners are excluded from corporate worship.
  • Prisoners are able to obtain, keep and use artefacts that have religious significance.
  • Prisoners can fulfil religious lifestyle requirements.

51. Different religious faiths are recognised and respected.

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

  • Staff are aware of religious diversity and the way this interacts with cultural and racial identities.
  • Searches of staff, visitors, prisoners and their property are conducted in a religiously and culturally sensitive manner.
  • Prisoners can learn about different faiths. Prisoners are free to change or abandon their religion.
  • Prisoners are able to celebrate all major religious festivals and these are actively promoted to all prisoners.
  • Monitoring of the different religions in the prison population is comprehensive, accurate and reviewed regularly to shape service provision.

52. Prisoners are fully supported by the chaplaincy, which contributes to prisoners’ overall care, support and rehabilitation.

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

  • Chaplains meet all new prisoners within 24 hours of their arrival in the prison and have a meaningful and private conversation.
  • A member of the chaplaincy team visits prisoners in the inpatients unit and those who are segregated every day.
  • Chaplains are involved immediately when a prisoner is near to death or has died, to support the dying prisoner, relatives, other prisoners and staff.
  • Chaplains are able to provide support to prisoners who have experienced bereavement or loss.
  • Chaplains contribute to multidisciplinary teams across the prison, and attend individual case reviews where appropriate.
  • Chaplains establish and maintain links with faith communities outside the prison.
  • Chaplains support the role of faith in promoting desistance from crime and help prisoners meet their faith needs on release.
  • The chaplaincy team has a role in identifying and challenging extremist ideologies that purport to be based on religious belief.
  • Prisoners of no faith are able to receive support from the chaplaincy team and are not less favourably treated than prisoners of faith.

2 Religion’ here should be understood to include ‘religion and belief’ as they are understood in the context of the Equality Act 2010 and related case law.

Further resources

Equality Act 2010

People in prison: Immigration detainees

A findings paper (November 2015)

The treatment of offenders with learning disabilities within the criminal justice system – phase two in custody and the community

A joint inspection by HMI Probation and HMI Prisons (March 2015)

Ex-Service Personnel Supplementary Paper: Veteran data from HM Inspectorate of Prisons’ inspection survey

(September 2014)

People in prison: Ex-service personnel

A findings paper (March 2014)

People in prison: Gypsies, Romany and Travellers

A findings report (February 2014)

The treatment of offenders with learning disabilities

A joint inspection of the treatment of offenders with learning disabilities within the criminal justice system – phase 1 from arrest to sentence. A Joint Inspection by HMI Probation, HMI Constabulary, HM Crown Prosecution Inspectorate and the Care Quality Commission (30 January 2014)

Transitions thematic

An inspection of the transitions arrangements from youth to adult services in the criminal justice system by HMI Probation (lead), HMI Prisons, Care Quality Commission, Ofsted, Health Inspectorate Wales, Estyn (11 October 2012)

Human rights standards

Non-discrimination is a fundamental principle enshrined in human rights treaties and standards (ICCPR 26, CERD 1, ICESCR 2.2, CAT 1.1, CRPD 5, DRM 2). Human rights standards relating specifically to prison set out that all of their provisions should be applied impartially and without discrimination (SMR 2). Freedom of thought, conscience and religion is enshrined in ICCPR 18; ECHR 9; UDHR 18.

Protected characteristics
As well as the general non-discrimination provisions set out above, there are specific human rights standards relating to some protected characteristics, as follows:
Prisoners with disabilities: CRPD 2, 3, 14.3; SMR 5.2, 39, 45, 46, 55.2, 109.2. See also CRPD, Guidelines on Article 14; UN General Assembly, Torture and other cruel, inhuman or degrading treatment or punishment (A/63/175), 28 July 2008; ECtHR, Price v. UK (2001).
Prisoners from national, ethnic, cultural, religious or linguistic minorities: DRM 2.
Sexual orientation and gender identity: Council of Europe Committee of Ministers, Recommendations on measures to combat discrimination on grounds of sexual orientation or gender identity; Parliamentary Assembly of the Council of Europe, Resolution 2048: Discrimination against transgender people in Europe; Yogyakarta Principles (2006).
Foreign national prisoners: SMR 62; EPR 37.

Faith and religion
As well as the general provisions relating to freedom of thought, conscience and religion (ICCPR 18, ECHR 9, UDHR 18), human rights standards require that there be no discrimination on the grounds of religion or religious belief and that prisoners belonging to religious minorities must be able to profess and practice their religion without any interference or any form of discrimination (EPR 29, SMR 2, BOP 5, DRM 2). See also SMR 65, 66; EPR 29.