Lay Observers are organised through a National Chair, a National Council and a number of Lead Lay Observers.
Under the leadership of the National Chair, the National Council is responsible for:
- the overall strategy and planning of the Lay Observers;
- developing the processes and procedures that can support the work of the Lay Observers;
- the fair and open recruitment, training and professional development of Lay Observers;
- agreeing national policies;
- ensuring that visits are carried out and reports are completed;
- bringing concerns to the attention of the contract managers, contractors and other stakeholders.
Lay Observers National Chair, David Whalley
David Whalley has been appointed as the National Chair of the Lay Observers by the Secretary of State for Justice. His term currently runs until 24 November 2027.
The National Council
The National Council is responsible for overall strategy and planning, and for developing the processes and procedures that can support the work of Lay Observers.
Business plan
Lay Observer Business Plan 2022-2025
National protocols and MoUs
The Lay Observers have a shared protocol with the Ministry of Justice, clarifying the remit and independence of the Lay Observers and specifying agreements concerning funding, communication, governance, accountability, and other organisational matters. The protocol was signed by the National Chair of the Lay Observers, John Thornhill, and the Permanent Secretary of the MoJ, Antonia Romeo, on 04 May 2021.
The Memorandum of Understanding between Lay Observers, The Prisoner Escort and Custody Services (HMPPS), and Her Majesty’s Courts and Tribunal Service was agreed and came into force in January 2025.
The Memorandum of Understanding between Lay Observers, Directorate of Security in His Majesty’s Prison and Probation Service, His Majesty’s Courts and Tribunal Service, and The Prisoner Escort and Custody Services was agreed and came into force in October 2022.
The Prison Sanctions Protocol was agreed between Lay Observers, the IMB, Her Majesty’s Chief Inspector of Prisons, and the Prisons and Probation Ombudsman was agreed and came into force in February 2021.
The Memorandum of Understanding between His Majesty’s Inspectorate of Prisons and the Lay Observers was agreed and came into force in July 2024.
Lay Observer annual reports
The annual reports section contains a list of all Lay Observer annual reports and ministerial responses.
How we use information – Public Task
The Independent Monitoring Boards (IMBs) and Lay Observers process personal data under the lawful basis of public task, as set out in Article 6(1)(e) of the UK General Data Protection Regulation (UK GDPR). This means personal data is collected and used where it is necessary to carry out official duties in the public interest.
IMBs are appointed under both the Prison Act 1952 and Immigration and Asylum Act 1999 to monitor the treatment and conditions of individuals in prisons and immigration detention. Lay Observers are appointed under the Criminal Justice Act 1991 to monitor the welfare of individuals in custody during transport and at court custody facilities. These roles are independent and aim to ensure that individuals in detention are treated fairly and with respect. As part of their role, it is necessary for IMBs and Lay Observers to access information held by the Ministry of Justice and the Home Office in order to perform their functions effectively.
Only personal data that is relevant to these monitoring duties is processed, and it is handled securely and responsibly. The handling of personal data is in line with the published retention schedule which can be found here.