As a notary, I have witnessed firsthand the unnecessary financial burdens placed on families of prisoners when dealing with routine legal processes. Recently, I was contacted by a father whose son is in custody in a local prison. The father needed someone to witness his son's signature on a power of attorney document—a straightforward task that should not be difficult or costly to accomplish. However, due to a refusal by the prison authorities to witness the document, or allow anyone else to do so, the family was looking at a substantial fee for me to visit the prison and carry out this service.
I find this situation deeply frustrating. It seems unreasonable for families to bear such significant costs when there are simpler solutions available. Prison staff—such as governors, deputy governors, or officers—are in positions of trust and could easily witness such signatures. Alternatively, authorised visitors like chaplains could fulfil this role. However, it appears there is no clear policy or guidance in place to allow for these practical and cost-effective options.
This isn't the first time I've encountered this issue. Many families, already under emotional and financial stress, are being unfairly penalised because the system does not provide an accessible means for witnessing legal documents inside prisons.
I believe it's time for change. There needs to be a review of current policies to allow prison staff or authorised visitors to witness legal documents, reducing unnecessary bureaucracy and easing the financial strain on families. This simple reform could make a significant difference in ensuring families are not disproportionately burdened by the incarceration of a loved one.
I have raised this concern with the Prisons Minister, the Rt Hon Lord Timpson OBE, and encouraged him to take up the issue with the Ministry of Justice. If you’ve faced similar challenges, consider speaking out—together, we can advocate for a fairer system.
Let’s ensure that families of prisoners are treated with the fairness and respect they deserve.
