When a person is sent to prison in England or Wales, their punishment is the loss of liberty but they do not lose their humanity, nor their fundamental prisoners rights. Yet too often, conditions behind the walls suggest otherwise. From delays in healthcare to unsafe environments and lack of rehabilitation opportunities, prisoners face daily struggles that would not be tolerated outside. We act under prison rule 39, so legal information is kept confidential between us and your loved ones.
The law is clear: prisoners retain rights, even in custody. And when those rights are breached, they should be prepared to act, including through legal challenge.
The Legal Foundation of Prisoners’ Rights
The idea that prisoners retain rights is not an abstract principle. It is firmly rooted in law.
The Human Rights Act 1998
The Human Rights Act (HRA) incorporates the European Convention on Human Rights (ECHR) into UK law. This means prisoners can enforce Convention rights in domestic courts. Key provisions include:
• Article 2: Right to life. The state has a duty to protect prisoners from harm, including providing adequate healthcare and preventing avoidable deaths.
• Article 3: Freedom from torture and inhuman or degrading treatment. Leaving someone in pain, failing to protect them from violence, or subjecting them to unreasonably poor conditions may breach this right.
• Article 8: Right to respect for private and family life. Prisoners must be able to maintain family contact and dignity in daily life, subject to lawful restrictions.
• Article 6: Right to a fair trial, which extends to disciplinary hearings that affect sentence length or privileges.
The Equality Act 2010 and Prisoners Rights
Prisoners are protected from discrimination on grounds such as race, sex, disability, and religion. If a prisoner with a disability cannot access facilities or healthcare on equal terms, the prison may be acting unlawfully.
The Prison Rules 1999
These rules, made under the Prison Act 1952, set out minimum standards. They cover access to healthcare, education, work, visits, and religious practice. Breaches can form the basis for complaints and legal claims.
Prisoners Rights Case Law
The courts have repeatedly confirmed that rights do not stop at the prison gate. For example:
• R (N) v Secretary of State for the Home Department [2003] confirmed that inadequate medical care can amount to inhuman treatment under Article 3.
• R (Daly) v Secretary of State for the Home Department [2001] established that even prisoners retain a right to confidentiality in legal correspondence.
• R (Howard League for Penal Reform) v Secretary of State for the Home Department [2002] confirmed that children in custody are entitled to welfare duties under the Children Act 1989.
Why Prisoners Rights Matter in Custody
Rights are not privileges to be earned by “good behaviour.” They are safeguards to ensure that even the most marginalised remain protected.
• Healthcare: Prisoners are entitled to equivalent standards of care as those outside. When delays cause deterioration or death, rights under Articles 2 and 3 are engaged.
• Safety: The state must protect prisoners from foreseeable harm, including violence from others or self-inflicted deaths.
• Family life: Maintaining relationships with partners, parents, and children is vital for rehabilitation and protected under Article 8.
• Dignity and respect: Access to religious practice, correspondence, and legal advice are not luxuries — they are essential rights.
The Reality: Systemic Failures
Despite the legal framework, reports from HM Inspectorate of Prisons, the Prisons and Probation Ombudsman, and independent charities paint a stark picture:
• Prisoners wait months for medical treatment that would be immediate outside.
• Suicides and self-harm remain at crisis levels, linked to delays in mental health care.
• Disabled prisoners are left without reasonable adjustments, struggling to access showers or education.
• Families often find visits cancelled at short notice due to staffing shortages.
These are not mere inconveniences. They are breaches of law and of humanity.
Taking Action: Complaints and Legal Remedies
Prisoners and their families often feel powerless, but avenues exist to enforce rights.
1. Internal Complaints
• Prisoners can use the standard complaints system.
• Healthcare complaints go through NHS England procedures.
2. Independent Monitoring Boards (IMBs)
• IMBs monitor prisons on behalf of the public. We can approach with PPO.
3. Prisons and Probation Ombudsman (PPO)
• The PPO investigates complaints that have not been resolved internally.
• Families can approach the PPO after deaths in custody.
4. Judicial Review
• If the state acts unlawfully, for example, by repeatedly denying access to urgent treatment, we can bring a judicial review in the High Court through our legal partnership.
5. Human Rights Claims
• Under the HRA, we can seek declarations or damages if their ECHR rights are breached.
6. Equality Act Claims
• For prisoners who face discrimination because of disability, race, religion, or other protected characteristics, we take legal on behalf of our clients under the Equality Act.
Why Legal Action Matters
Some argue that encouraging prisoners to sue is controversial. But legal action is not about special treatment. It is about enforcing the standards the law already requires.
• Accountability: Without legal challenge, systemic failings go unchecked.
• Prevention: Successful claims often lead to wider reforms, preventing harm to others.
• Justice: Prisoners may be paying their debt to society, but they have not signed away their right to life, dignity, and health.
A Call to Families and Supporters
Families outside play a crucial role. They often see decline in their loved one’s health or well-being before anyone else. Keeping records of missed appointments, cancelled visits, or ignored complaints can make the difference when escalating an issue legally.
Rights are not optional
Prisoners do not forfeit their rights when the cell door closes. The Human Rights Act, the Equality Act, and prison legislation make this clear. When prisons fail to deliver the basics, healthcare, safety, dignity, they are not just failing individuals, they are breaking the law.
That is why legal action is not only justified but necessary. It forces accountability, protects lives, and upholds the values of a democratic society.
Encouraging prisoners and families to pursue justice is not about sympathy for crime. It is about insisting that the rule of law applies to all of us, including those behind bars.
If we want a justice system that rehabilitates rather than destroys, then we must defend the rights of those in custody. And if those rights are ignored, we must use every legal tool available to enforce them.
Prisoner Rights Legal Services can help. We review the file, collect evidence (medical notes, incident reports, CCTV requests, visiting records), and draft clear Rule 39 representations. We lodge complaints and appeals, chase outcomes, and, with partner solicitors, bring urgent judicial review where needed. We keep families informed and set a simple action plan with deadlines. If you need help now, call 0203 697 0403 for a confidential discussion or find out more about our services.
