Joint Committee On Human Rights Written Evidence


3.  Memorandum from HM Prison Service

INTRODUCTION

  1.  The Prison Service welcomes the Joint Committee's inquiry into this complex area and offers its full co-operation and participation. Any death in custody is a terrible tragedy that brings the Prison Service's duty of care to people in its custody into sharp focus. The Human Rights Act has incorporated the provisions of the European Convention on Human Rights into UK law and the Prison Service is committed to its terms and is determined to ensure that all those held in our custody are as safe as possible. Reducing suicides and self-harm in prison is a key objective and a great deal of work has been and continues to be done in this area.

  2.  Deaths in prison remain a rare event. Sadly, the largest proportion of those who die in custody take their own lives (see Table 1 below). Good care and support from staff saves many lives, but such instances go largely unreported. 141 prisoners were resuscitated following self-harm incidents in 2002, which reflects a lot of staff effort and skill. The rate of self-inflicted deaths in prison is substantially higher than the rate of self-inflicted death in the community (although it is not greater than that of people under supervision in the community).

  3.  An increasing number of vulnerable people are passing through the Criminal Justice System and the general prison population contains very large numbers of prisoners who enter custody already struggling to cope with a wide range of difficult issues. These include drug and alcohol abuse, family background and relationship problems, social disadvantage or isolation, previous sexual or physical abuse, and mental health problems. Studies suggest, for example, that 90% of all prisoners have shown evidence of at least one of the following: personality disorder, psychosis, neurosis, and alcohol misuse and drug dependence. These factors increase the likelihood of self-harm and suicide; indeed, self-harming and suicidal behaviour often pre-date custody, and may have started early in life. Statistics show that 20% of sentenced men and 44% of women on remand report having attempted suicide in their lifetime.

  4.  The Prison Service is taking forward initiatives to help people deal with these issues and make them more able to cope in the prison environment, and in the future upon their release. But there are, regrettably, no simple solutions, and the reasons for self-inflicted deaths are complex.

Q1.   What are the main causes of deaths in prisons? Are there any common factors? Are there particular aspects of conditions of detention, or the treatment of detainees, or the cultural background of prisoners or prison officers, that contribute to:

    —  Suicide and self-harm in prisons?

    —  Other deaths or injuries in prisons?

  1.1  Suicides in prison seem to be caused by the combined effects of imported vulnerability, the exposure of this vulnerability by aspects of prison regimes, the effects of prison quality and continuing life events occurring once in prison. Table 1 shows the number of deaths in custody during the period 1998-2002:

Table 1
YearSelf-inflicted deaths* Deaths by natural/other
causes
Total
19988256 138
19999158 149
20008163 144
20017268 140
20029471 165
Total420316 736


  *The term self-inflicted death includes deaths where it appears that the death occurred as a result of a person's own actions.

  1.2  In the calendar year 2003 to date (13 August), there have been 61 self-inflicted deaths; and 49 deaths by natural/other causes. In the financial year to date (13 August) there have been 31 self-inflicted deaths and 31 deaths by natural/other causes. This compares to 55 self-inflicted and 47 natural/other cause deaths at this time last calendar year and 36 self-inflicted deaths and 25 natural/other cause deaths at this time last financial year.

  1.3  The most common method of self-inflicted death in prison is hanging, which is likely to be related to the restriction of access to other methods in a prison environment. The methods of self-inflicted deaths (1998-2002) are shown in Table 2.

Table 2
YearSex HangingOverdose CuttingSuffocation Food
refusal
Refused
medication
Self-
stran-
gulation
ArsonTotal
1998Male78 010 0000 79
1998Female3 000 0000 3
1999Male81 220 0010 86
1999Female5 000 0000 5
2000Male66 420 0001 73
2000Female7 001 0000 8
2001Male58 222 1010 66
2001Female6 000 0000 6
2002Male80 110 1200 85
2002Female9 000 0000 9
Total393 983 2221 420


  1.4  The causes of deaths by natural and other causes in the years 1998-2002 are provided in Table 3. The general upward trend of natural cause deaths is probably accountable to the increasing numbers and age of the prison population.

Table 3
Cause of death1998 19992000 20012002Total
Stroke related01 105 7
Heart related513 16918 61
Cancer related17 1225 27
Asthma related03 121 7
Long term illness01 210 4
Brain related13 101 6
Not recorded3920 174419 139
Liver or renal failure0 2001 3
Drug abuse12 304 10
Other24 121726
Outside prison*31 380 15
Homicide40 300 7
Choked on vomit01 000 1
Pneumonia related00 100 1
Mutilation00 100 1
Old age00 100 1
Total5658 636871 316


  *This category includes deaths of prisoners on leave, or who absconded.

  1.5  The characteristics of prisoners who have died in custody by self-inflicted means during 2002 are overviewed below. Where relevant, comparisons are drawn with deaths that have occurred in previous years, and where possible, statistics are given for 2003 to date.

Age

  1.6  The age-profile of those who died in 2002 is shown in Table 4. Most deaths occurred in the 25-39 age groups. The age-range of the 94 deaths was from 16 to 58. The mean age was 32 years. Two juveniles (15-17 year olds) and 12 young offenders (18-20 year olds) died. The remaining 80 were adults, 38% of whom were in the 30-39 year age group. This is similar to the age-profile of those who have died in previous years and broadly reflects the age-profile of the general prison population.

Table 4
Age GroupNumber %
15-17 years22
18-20 years1213
21-24 years1112
25-29 years1718
30-39 years3032
40-49 years1617
50-59 years66
Total94100


Gender

  1.7  Ten per cent of cases of self-inflicted death involved females. This figure is higher than would be expected, given that women only account for 6% of the prison population. So far in 2003, the relative proportion of female SIDs is even higher—of the 58 deaths up to 4 August, 10 have been female. An important point is that, in the community, women make up a quarter of all deaths. Taking into account the proportions of men and women in custody, a disproportionate number of those who kill themselves in prison are women.

Ethnicity

  1.8  Eighty nine per cent who died in 2002 were white; white prisoners comprise around 78% of the prison population. 4% of those who died were Asian; around 3% of the prison population is Asian. Five per cent of those died were black; around 15% of the prison population is black. In 2003 (to 4 August), of the 58 deaths, four have been non-white. These figures show that a disproportionate number of self-inflicted deaths occurred amongst white prisoners. This is a consistent research finding.

Offence type

  1.9  As illustrated in table 5, the most common offence-type of those who died during 2002 is violence against the person, followed by robbery, other criminal offences and burglary. Published research is consistent in reporting that those who die are more likely (than the general prison population) to be imprisoned for violence-related offences.

Table 5
Offence-typeNumber %
Violence against the person25 27
Sexual offences77
Burglary1213
Robbery1516
Theft & handling11 12
Fraud & forgery1 1
Drug offences910
Other offences1415
Total94100


Legal Status

  1.10  Forty one (44%) of those who died in 2002 were sentenced; the remainder were either on remand (38%), convicted unsentenced (13%) or in prison awaiting further reports (Judgement Respited—J/R) (5%). Unsentenced prisoners account for less than 20% of the prison population. That the vast majority of those who die are unsentenced is consistent with previous years.

Sentence Length

  1.11  Consistent with previous years' data and published research, sentenced prisoners who die are likely to be serving lengthy prison terms or life. In 2002, 71% of the 41 sentenced prisoners who killed themselves were serving terms of over 18 months. Twenty two per cent were serving life-sentences.

Latency

  1.12  A consistent finding is that the majority of prisoners who die have been in the establishment for relatively short periods at the time of death. Table 6 shows the latency between prisoners' receptions at the establishment and their death. Just over half (54%) of prisoners who died in 2002 spent less than a month in custody (52% in 2001).

Table 6
Number%
<1 day77
1 to 2 days77
3 days <1 week12 13
1 week <1 month25 27
1 month <3 months21 22
3 months <6 months13 14
6 months <12 months7 7
1 year or more22
Total94100


Establishment-Specific Factors

  1.13  As in previous years, the majority of self-inflicted deaths (64%) in 2002 occurred in Category B Local prisons. It has been found that male local prisons that experience a self-inflicted death are statistically more likely to experience further death/s. In 2002, 52 establishments experienced a self-inflicted death:

    —  2%—One prison (Durham) experienced six deaths (four males and two females).

    —  4%—Two prisons (Lewes and Holme House) experienced five deaths.

    —  4%—Two prisons (Dovegate and Hull) experienced four deaths.

    —  10%—Five prisons (Exeter, Leeds, Woodhill, Bullingdon and Bedford) experienced three deaths.

    —  25%—13 prisons experienced two deaths (Blakenhurst, Bristol, Brixton, Doncaster, Liverpool, New Hall, Northallerton, Nottingham, Parc, Preston, Styal, Wandsworth and Wealstun).

    —  Finally, 56%—29 establishments experienced one death.

  1.14  There is no firm evidence of a correlation between the prison population and the number of prisoners who kill themselves, although it is likely that an increase in prison population has an impact on the amount of time staff can spend with each individual prisoner. Overcrowding may also result in an increase in the length of time prisoners are locked in their cells, rather than engaged in purposeful activity. More people being received into custody may mean that some prisoners are located further from home, which, in turn, may mean that they receive fewer visits from family and friends.

  1.15  Only three (Dover in Kent, Haslar in Hampshire and Lindholme in Doncaster) of the UK's nine removal centres are managed by the Prison Service. They hold only male detainees (individuals detained prior to removal from the UK, overstayers, failed asylum seekers and illegal immigrants). These centres are managed under the Detention Centre Rules published in April 2001. The regime is considerably more relaxed than the regime in prison (as detainees are not criminals).

  1.16  Since September 2000, there have been two self-inflicted deaths involving detainees in the Prison Service managed centres. (On 31 January 2003, Michail Bodnarchuk, a Ukrainian national, hanged himself at HM Immigration Removal Centre Haslar. He was due for removal on the day of his death, and had been resident at Haslar since 8 November 2002. On 31 March 2003, Rajwinder Singh Mutti hanged himself at HMP Blakenhurst. Mr Mutti, an Indian national, had been on remand at Blakenhurst since 3 February 2003 for an offence of grievous bodily harm; he was also detained under the 1991 Immigration Act.)

  1.17  The identification of at-risk detainees is made more difficult by the difficulties in communication and the lack of personal history information. The F2052SH (see paragraph 2.5 below) procedure operates in detention centres as it does in prison establishments, with an active Suicide Prevention Team.

  1.18  As mentioned above, evidence suggests that minority ethnic prisoners are less likely to take their own lives than white prisoners. Cases of self-inflicted death among black and Asian prisoners are proportionately less in comparison with the rest of the prison population; the statistics for the years 1996-2002 show that, while 20% of the prison population is composed of individuals from minority ethnic groups, minority ethnic prisoners represent only 9% of the number self-inflicted deaths.

  1.19  The Prison Service annual report, published on 15 July 2003, said that over the past financial year, 5.1% of staff were from a minority ethnic group (exceeding the key performance target of 4.5%). Good prisoner/staff relationships are central to the quality of life in prison, which is thought to be a factor in suicide prevention. Results of research measuring the quality of prison life are expected in the summer of 2004.

Q2. What practical steps have already been taken, and what further steps are being considered to prevent:

    —  Suicide and self-harm in prisons?

    —  Other deaths and injuries in prison?

  2.1  Reducing prisoner self-inflicted deaths and managing self-harm is a key priority for Ministers and the Prison Service. A proactive three-year strategy to develop policies and practices to reduce prisoner suicide and manage self-harm in prisons was announced in February 2001 by the then Home Secretary, Jack Straw, and was implemented from April 2001. The launch of the current strategy followed a thematic inspection review by Sir David Ramsbotham and an internal review by Ingrid Posen (former Head of Safer Custody Group). It replaced the 1994 Caring for the Suicidal in Custody Strategy, which was generic across the estate, focussed on awareness, and stressed the responsibility of all staff. Pre-1994 approaches had been primarily medical.

  2.2  The current strategy is holistic in approach, more overtly preventative, risk-based, and strongly dependent on other approaches (within prisons on a supportive culture based on good staff/prisoner relationships and constructive regimes; beyond prisons on the cooperation of other agencies). It is ambitious in scope and in demanding year-on-year reductions in suicide and self-harm.

  2.3  Projects are underway to improve pre-reception, reception an induction arrangements, to better facilitate inter-agency information exchange, and to develop safer prison design, including "safer cells". New evidence based healthcare reception screening arrangements are being implemented and include measures to better detect vulnerable prisoners. Thirty full-time suicide prevention co-ordinators (SPCs) have been appointed in high-risk establishments, and a further 102 mostly part-time SPCs are now operating across the estate. Wing staff are supported in their work by prisoner peer support schemes and, in the most needy prisons, by mental health in-reach teams, similar to community mental health teams. Samaritans are working with the Prison Service to select prisoner "Listeners", who are then trained to listen (though not to give practical advice) to all prisoners who need somebody to talk to, often seven days a week, 24 hours a day.

  2.4  An investment of over £21 million is allowing physical improvements to be made at six pilot sites: Feltham, Leeds, Wandsworth, Winchester, Eastwood Park and Birmingham. The money is being spent on improvements to detoxification centres, reception and induction areas, the installation of First Night Centres and the creation of crisis suites and gated cells that enable staff to watch at-risk prisoners closely.

  2.5  Improved processes for the identification and management of prisoners at risk of suicide and self-harm are being developed to replace the current "F2052SH" procedures. Any member of staff can raise an F2052SH in respect of a prisoner considered to be at risk of suicide or self-harm. An individual care plan is then put in place for so long as the crisis lasts, with regular multi-disciplinary reviews. Changes in detoxification facilities and procedures are also being introduced. Staff awareness and training are recognised as key to the successful outcome of many of these initiatives and training programmes are being developed alongside new procedures.

  2.6  The Prison Service is also determined to learn lessons from death in custody. The programme of work embarked upon includes a fresh look at strengthening investigations procedures to include an independent element and better learning and dissemination of lessons arising in particular cases. Investigation reports are already routinely disclosed to the families concerned. (See also question 5 below.)

  2.7  Problems of inter-prisoner violence and bullying, particularly among young people in custody, are being readdressed through development of a violence reduction strategy. This will provide a national framework of protective mechanisms and positive behaviour management. Work is on going with other services to ensure that the Prison Service's work in this field is consistent with a national, multi-agency approach.

  2.8  There is strong support for the strategy from groups represented on the Ministerial Roundtable on Suicide, which is chaired by the Prisons and Probation Minister, Paul Goggins. Membership includes the Howard League, Prison Reform Trust, Inquest, the Youth Justice Board, Prisons and Probations Ombudsman, HM Chief Inspector of Prisons and Samaritans. Prison Health, the partnership between the Prison Service and the Department of Health, is also represented.

  2.9  A number of intervention strategies have been introduced into prisons for people who self-harm. These include crisis counselling, support groups and specialised psychological interventions. The Prison Service recognises that self-harm is a particular problem among women prisoners. Safer Custody Group findings reveal that attempted suicide/self-injury is more prevalent amongst women that men in prison by a ratio of 18:1 (2003). At three women's prisons—Holloway, Durham and Bulwood Hall—Dialectic Behaviour Therapy has been introduced. This is an innovative programme developed in the USA by Marsha Linehan, originally for women with "borderline personality disorder" (BPD) who also self-harm or engage in suicidal behaviours. It has been well researched and found to be significantly better than other treatments in producing positive changes for this client group. Treatment targets of DBT include reducing self-harm, increasing coping skills, decreasing impulsive behaviours and improving emotional regulation. DBT has also been found to have positive treatment effects on other behaviours such as abuse and aggression.

  2.10  Over the next few months the outcome of the Safer custody strategy will be reviewed, taking into account pilot project evaluations and emerging research findings. The next steps and approaches will be resolved in consultation with partner agencies and organisations. It is likely that approaches in the future will concentrate more on better care for people than on processes and the Prison Service will seek to reduce the desire of individuals to attempt suicide by improving the custodial experience and the feelings of safety in establishments. It will seek to build on the close relationship and working partnership with Prison health. For many in prison the growing links with local healthcare will aid continuity of treatment. The strategy is also likely to include greater links with the resettlement agenda and a broader understanding of the issues to share with the public.

Q3. What has been done to foster a greater "human rights culture" in prisons and other detention facilities? What more could be done? Would a human rights approach to conditions of detention and to prison management contribute to the prevention of deaths in custody?

Q4. Are you satisfied that guidance and practice in the prison service is sufficient to comply with obligations under Articles 8, 3 and 2 of the European Convention on Human Rights?

  3.1  The Prison Service has undertaken an extensive programme of training for staff on the introduction of the Human Rights Act and its implications for the Prison Service. This has been supported by the provision of written information to every member of staff, together with information packs made available to prisoners through the prison library. In conjunction with the Prison Reform Trust, a booklet specifically designed for prisoners was produced and issued in July 2001. Legal Services Officers from all prisons have attended conferences, and governors together with senior policy staff have attended seminars. Presentations have been made to dispersal prisons, staff responsible for life sentenced prisoners and Race Relations officers.

  3.2  All policy leads are aware that both new and existing policy must be HRA compliant. In those areas where there has been doubt, legal opinion has been sought and changes made. During the consultation process for new policy the Human Rights implications of any changes must be considered by policyholders.

  3.3  The belief is that current policy and guidance in the Prison Service is in line with ECHR; however, if successfully challenged as non-compliant, we will address those issues at the time. The general nature of some ECHR terminology and its reliance on general principles mean that it is often through a policy being tested in the courts that precedent or non-compliance is established.

  3.4  While it would be naïve to insist that all practice is always compliant with policy, we have a thorough process of Internal Audit, auditing of Prison Service Standards and both announced and unannounced visits by Her Majesty's Inspectorate of Prisons that is designed to ensure that policies are being correctly applied. To support this we also have complaints procedures that allow prisoners to complain about their treatment to the Prison Service, and finally, if not satisfied, to the Prisons and Probation Ombudsman.

  3.5  The provisions of the Human Rights Act and its underlying principles contribute to suicide and self-harm reduction in prison. (See also Question 5 below.)

Q5. Are the Article 2 ECHR requirements of an effective, prompt and independent investigation of deaths in custody, with effective participation by next-of-kin. Met by the current system? How could the effective investigation of deaths in custody be better ensured?

  5.1  Since April 1998 all deaths in custody have been investigated by the Prison Service. Investigations are carried out by senior governors. Although "independent" of the prison concerned, investigating officers are usually from the same area and our investigations could not be regarded as other than internal. Investigating officers act on behalf of the Commissioning Authority (CA), the area manager or equivalent, responsible for the establishment in which the death occurred, to whom they are accountable. The CAs are in turn accountable to the Director General and his Deputy. Currently therefore both the commissioning of investigations and "ownership" of reports rest with the operational line of the Prison Service.

  5.2  The short answer to the first part of this question, therefore, is that the Prison Service is playing its part but currently remains vulnerable to judgements in individual cases that our internal investigations do not contribute enough—thus supporting the case for strengthening our investigations, which we are doing as part of the three-year Safer Custody Programme. (See paragraph 2.1 above.)

  5.3  The Joint Committee will be aware that this is a fast moving and still developing area of jurisprudence, which we expect to be further clarified when the Lords give their judgement in the case of Amin (heard in July) and Middleton, which is to be heard early next year. Currently the position is that the requirements of an Article 2 investigation (the so-called "Jordan" criteria of independence, effectiveness, reasonable promptness, public scrutiny and family involvement) can be met by an amalgam of inquiries and investigations—the Prison Service investigation, the Inquest, civil proceedings, a criminal trial—and no single element is expected to meet Article 2 on its own (although that is possible). The Lord chief Justice went out of his way to praise Governor Ted Butt's report in the Mubarek case, notwithstanding that it was internal.

  5.4  The attached Annex A[3] prepared as background to our work in this area, provides further information about the current legal position. But the reasons for strengthening investigations into death in custody go beyond Article 2 compliance. The main reason we want to strengthen our investigations into deaths in custody is to contribute to the suicide prevention strategy—to ensure a better focus on what went wrong and why and to extract learning so as to minimise recurrences. The three-year safer custody programme therefore incorporated a project designed to establish a system of investigation into deaths in custody, which is:

    —  fair, open and timely;

    —  has appropriate elements of specialist input and independence;

    —  secures public confidence;

    —  explains what happened and why;

    —  provides for the Prison Service to learn from any identified failures;

    —  provides the fullest possible factual information to the Coroner as a basis for the inquest; and

    —  involves the family of the deceased fully and appropriately.

  5.5  During 2001 Safer Custody Group undertook a wide scale consultation exercise, consulting interests within and outside the Prison Service on how such a system could be developed. Following this exercise an options paper was put to Ministers in which four options were identified. These were:

    —  extend an existing external prisons-related role, most likely that of the Prisons Ombudsman, with both commissioning and investigations independent of the Prison Service;

    —  create a new independent body based on the police model, with a mixture of external and internal investigators, with commissioning and investigations independent of the Prison Service;

    —  dedicated team(s) of investigators with pools of expert assistants. All investigations independent-led or supported depending on circumstances of case, with Prison Service retaining commissioning and some "ownership" of investigation reports; and

    —  strengthened inquest process. (At the time the options paper was prepared the fundamental review of the Coroner's system had been commissioned but had not reported.)

  5.6  Ministers asked for the Prisons and Probation Ombudsman option to be worked up and costed and this work is currently in hand. It is being taken forward by the Home Office in the context of putting the Prisons and Probation on a statutory footing and, simultaneously extending his role to include investigating deaths in prison custody (and deaths of probation hostel residents). Both the report of the fundamental review of Coroners and Dame Janet Smith's report into the Harold Shipman affair make recommendations for radical changes to the Coroner's role, on which a view needs to be taken before a final decision on the Prisons and Probation Ombudsman option is made.

  5.7  The Prisons and Probations Ombudsman is unlikely to take over responsibility for investigating deaths in custody before April 2005. In the interim Safer Custody Group is working with area managers (who commission death in custody investigations) to do what we can to strengthen our current procedures in a variety of ways, for example, by improving clinical input, incorporating independent elements into some investigations and their management, widening terms of reference and involving families to a far greater extent. Five areas are trialling revised guidance on investigating deaths in custody. This is attached at Annex B.[4]

Phil Wheatley

Director General

18 August 2003





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