Understand your rights: HSE to issue Crown Censure against HMPPS Following Prolonged Radon Exposure at HMP Dartmoor.
HMP Dartmoor Radon Scandal
The Health and Safety Executive (HSE) has formally notified His Majesty’s Prison and Probation Service (HMPPS) of its intention to issue a Crown Censure.
This decision follows a comprehensive investigation into severe radon gas exposure at HMP Dartmoor in Devon, revealing that the prison service failed to adequately manage radiation risks, leaving both staff and inmates vulnerable for a prolonged period.
For those who worked at or were stationed at HMP Dartmoor, this announcement confirms what many have feared: prolonged exposure to radiation levels significantly above the legal limit.
At Oakwood Solicitors, our specialist Industrial Disease and Workplace Injury teams are closely monitoring these developments. If you have been affected by the conditions at HMP Dartmoor, here is everything you need to know about the regulatory failures and your legal rights.
What Happened at HMP Dartmoor?
The HSE investigation was triggered in February 2023 when HMPPS first reported suspected radon overexposure at the Devon facility.
Subsequent monitoring painted a damning picture of radon concentrations within several areas of the prison, including prisoner accommodation. Were found to be well above the legal limits set out under the Ionising Radiations Regulations 2017.
Despite enforcement actions and regulatory breaches highlighted by the HSE in both February and December 2023, the risks could not be safely contained under the existing management structure. This failure led to the decision to move HMP Dartmoor in 2024.
The HSE’s legal services division has now concluded that HMPPS exposed both staff and prisoners to a heightened risk of radiation-related illness over a significant time, justifying the maximum available regulatory sanction.
Understanding a ‘Crown Censure’
As the HMPPS is a Crown body, it cannot be prosecuted in the criminal courts in the same manner as a private company or individual. Instead, the HSE utilises the Crown Censure process to hold public bodies to account.
What is a Crown Censure?
A Crown Censure is the maximum sanction the HSE can bring against a Crown body. While it is not a formal finding of criminal guilt, it is legally equivalent to authorising criminal charges under the Code for Crown Prosecutors.
A formal hearing will take place to officially confirm the censure. Once confirmed, it acts as an official reprimand and creates a permanent, public record of HMPPS’s failure to comply with health and safety law.
While it carries no financial penalty, it serves as an undeniable acknowledgement of state negligence.
The Hidden Danger: What is Radon?
Radon is a naturally occurring, colourless, and odourless radioactive gas. It is formed by the radioactive decay of small amounts of uranium found naturally in rocks and soils.
Because of the local geology, parts of Devon and Dartmoor are known high-risk areas where radon can accumulate to dangerous levels inside buildings if proper ventilation and management systems are not maintained.
The health implications of radon are severe. Breathing in radon gas is the second largest cause of lung cancer in the UK, contributing to over 1,000 fatal cancer diagnoses every year.
Under the Ionising Radiations Regulations 2017, employers have a strict statutory duty to monitor radon concentrations (measured in Becquerels per cubic metre) and ensure they do not exceed legal thresholds.
Your Legal Rights: Can You Seek Compensation?
Whether you were employed as a prison officer, a contractor, a member of the probation service, or were an inmate housed at HMP Dartmoor, HMPPS owed you a legal duty of care to provide a safe environment.
The HSE’s decision to issue a Crown Censure provides strong evidence that this duty of care was breached.
If you or a loved one spent time at HMP Dartmoor during the exposure period and has since suffered respiratory illnesses or a lung cancer diagnosis, you may be entitled to pursue a compensation claim.
How Oakwood Solicitors Can Help
Navigating claims involving industrial disease, radiation exposure, and public bodies requires specialist legal expertise. Our dedicated team can support you by:
- Assessing Your Exposure: Evaluating your timeline at HMP Dartmoor against the period of known regulatory failure.
- Gathering Medical Evidence: Working alongside top medical experts to determine if your health conditions are linked to historical radon exposure.
- Operating on a No-Win, No-Fee Basis: If we determine you have a viable claim, we can represent you under a Conditional Fee Agreement (CFA), meaning you face no financial risk if your claim is unsuccessful.
The failure of HMP Dartmoor and the subsequent Crown Censure highlight a catastrophic failure in public safety. Remember, you do not have to process the health anxieties or consequences of this exposure alone.
Further information:
HSE: Health and Safety Executive authorises Crown Censure of His Majesty’s Prison and Probation Service following radon exposure at HMP Dartmoor.
WHAT TO DO NEXT
If you are concerned about your health following your time at HMP Dartmoor, or if you wish to discuss a potential workplace illness claim, contact our Industrial Disease team or call us on 0113 200 9720.
Asimah Ali is currently a Supervising Solicitor in the Industrial Disease Department.
Asimah started working at Oakwood Solicitors in October 2016, shortly after completing the Legal Practice Cours…
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