Irish Prisoner Complaints: The Challenges of Complaining from Within

Formal complaint procedures in prisons are a requirement of the European Prison Rules and the UN Mandela Rules as a key feature of enhancing the protection of the rights of those in prison. Prisons are places where rights can be particularly vulnerable and complaints procedures ideally provide prisoners with access to an independent body to review complaints, which is less burdensome and costly than going to court. Such mechanisms should also help resolve lower-level complaints, which may not reach the relevant thresholds for court proceedings. Prisoners are often required to rely on others for their daily needs and access to services such as the school or facilitating family visits. Complaint systems, in theory, give prisoners a tool to voice concerns they have about their treatment and prison conditions. However, complaining is not always straightforward and those in prison can face significant hurdles in accessing and using complaint systems even when they are in place. This chapter explores the experiences of those in Irish prisons drawing on open-ended survey responses provided by those serving sentences in three prisons across Ireland. Key concerns arose around faith in the system to resolve the prisoner’s complaint, as well as possible repercussions for complaining which could impact the prisoner’s sentence or time in prison.