Holding two prisoners in a cell designed for one is the definition of crowding. Cells with a CNA of one and a maximum capacity of two are single cells that are physically large enough to crowd.

The maximum crowding levels at each prison are robustly assessed by HMPPS and are not determined by cell size alone; decency, safety, proper operation of the planned regime, staffing levels and adequacy of ancillary services are all material factors in determining crowding levels at every prison.

Figures relating to the level of crowding in prisons are published annually in the HMPPS annual digest as annual averages rather than point in time figures. The data in Chapter 5, table 5.5 shows the average number of prisoners sharing a cell with a Certified Normal Accommodation of one and a maximum capacity of two. Figures for the three prisons requested in the 12 months ending March 2026 are provided below:

Information beyond March 2026 cannot be provided at this time, as its disclosure would risk revealing data underpinning a forthcoming release of these Official Statistics, scheduled for publication in July 2027.

HM Prison & Probation Service’s Annual Prison Performance Ratings are based on a range of indicators. The latest ratings cover the period 1 April 2023 to 31 March 2024. As a newly opened prison (June 2023), HMP Fosse Way did not form part of the latest ratings but will be included in future publications. HMP Ashfield was rated at level 3 (‘Good performance’).

The Ministry of Justice (MoJ) does not mandate minimum staffing levels for privately managed prisons as staffing is the responsibility of the contract operators who will be responsible for operational delivery within those prisons. Staffing levels are specific to each individual prison and competition, and each contract provider’s individual operating model.

However, as part of the procurement exercise for any privately managed prison and, prior to the award of the contracts for Five Wells, Fosse Way and all other prisons competed under the Prison Operator Services Framework (including any expiring PFI prison such as HMP Lowdham Grange), we robustly scrutinise all aspects of each bid. This includes a rigorous assessment of their resourcing model to test its resilience and ability to deliver the regime they propose, and to deliver a safe, decent and secure operating environment at all times.

These agreed staffing levels are contractualised and we hold bidders to account to them. The amount of detail and information about staffing, including numbers and grades of staff, in the new contracts is significantly improved from the old style PFI contracts. These new contracts include HMP Five Wells, HMP Fosse Way and any other prison that is competed under the Prison Operator Services Framework (including any expiring PFI prison such as HMP Lowdham Grange). Staffing levels are monitored against those contained in the contract as Management Information (MI), not as a KPI.

Each year the contract operator is required to show how it will provide the Custodial Service and Sustainability Requirements in the Annual Custodial Service Delivery Plan. As part of this, an Annual Resourcing Plan is drawn up, highlighting any departure from the Plan for the preceding Contract Year and giving reasons for such departure. This must be approved by HMPPS.

The approach taken through the competitions ensures that staffing levels contained in the contract deliver the service and maintain a safe, decent, and secure operating level. Management throughout the life of the contracts against that resource model is undertaken by HMPPS and MoJ Commercial contract management teams who continually assess the capability of the operator, taking action if the operator should fail to deliver in accordance with the Contract.