Emergency prison plan likely to escalate claims and insurance challenges 

Operation Early Dawn expected to have significant impact on court delays and employer liability claims.

The UK government has formally triggered Operation Early Dawn, a contingency plan to alleviate overcrowding in jails following the recent surge in arrests related to rioting across the UK.  

This emergency measure allows defendants awaiting court appearances to be held in police cells for extended periods until prison space becomes available. The move comes in response to the influx of inmates, with over 900 arrests and more than 100 sentences already handed down.  

Will Operation Early Dawn impact the claims and insurance industry? 

Operation Early Dawn presents several challenges for the claims and insurance sector, particularly concerning employers’ liability claims and public sector operations.  

The operation is expected to further increase delays which had already been feeling the effects of the Covid pandemic, with a significant backlog yet to be sorted. 

Prisons under pressure 

Prisons in the north east and north west are currently under significant pressure, with some offenders being transferred up to 200 miles from their homes due to a shortage of available spaces. 

“Police cells are not designed to house prisoners for anything other than a short period,” said Andrew Steel, from the Forum of Insurance Lawyers‘ Public Sector & Blue Light Sector Focus Team. “This will increase pressure on custody staff at policy stations.” 

The squeeze on criminal justice staff 

Pressure on staff – from custody staff in police stations to prison officers and support – is also likely to increase. 

“It should be noted that an increased prison population will not be matched by increased numbers of guards,” added Steel. “This could lead to more prisoner-on-prisoner and prisoner-on-guard assaults, as the living accommodation becomes more intolerable due to numbers alone.” 

These additional pressures will likely have knock-on effects that will be felt throughout the justice system, Steel notes, “[We may see] a spike of EL-related claims made by prison staff, including work-related stress. Officers being signed off through illness exacerbates the problem further.” 

The surge in inmate numbers is also likely to limit access to essential medical care and rehabilitation services within prisons. Steel warned that this could lead to a higher incidence of suicides among inmates, which may give rise to additional claims and legal scrutiny.  

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Josie Geistfeld Josie is an editor for Claims Media. She welcomes feedback, comments, and opinion at josie.geistfeld@barkerbrooks.co.uk