21. Memorandum from Dr Alice Mills
PREVENTING DEATHS
IN CUSTODY
1. Main causes of deaths in custody
1.1 Traditionally, suicide in prison has
been seen as being caused by individual, internal traits or characteristics,
such as psychological defects and many early studies mentioned
the high preponderance of mental illness/psychiatric contact and
substance misuse among those who commit suicide in prison. However,
as prisons tend to "specialise" in people with mental
health problems and substance misusers, any prediction made on
the basis of these factors is likely to generate a high number
of false positives. In order to distinguish those at risk from
suicide/self-harm from those who are not, it is necessary to look
for other indicators of vulnerability.
1.2 More recently, there has been a shift
towards understanding suicide in prison as the result of difficulties
coping with imprisonment and the pressures of prison life. Such
coping difficulties will vary between individuals as they are
seen to arise from an interaction between internal factors such
as mental health problems which may affect a prisoner's coping
abilities, and environmental pressures, particularly the so-called
"pains of imprisonment" such as lack of activity or
security or contact with family and friends. For example, in her
study of prison suicide, Liebling (1992) [241]found
that young inmates who were at risk of suicide or self-harm were
those who were less likely to have contact with anyone on the
outside, less likely to have anything to occupy them during the
day and more likely to have problems with other inmates, and were
also unable to cope with the resulting isolation, boredom and
fear, as well as having a history of psychological problems and
substance abuse.
1.3 Difficulties coping with prison life
may also explain other so-called "maladaptive" responses
to imprisonment. Inmates who find it difficult to cope in prison
may withdraw either physically (by going into protective segregation)
or psychologically, and such withdrawal may lead to further problems
as they may be seen as "weak" by other prisoners, which
may leave them open to bullying and victimisation. They may also
be vulnerable to violent outbursts or episodes of "acting
out" as a result of their own frustrations with prison life.
2. Common Factors
2.1 Research is in general agreement that
prison suicides tend to share several common factors. Suicide
is more likely to occur in the early stages of a sentence. The
Chief Inspector of Prisons (HMCIP 1999) [242]reported
that the first 24 hours is a high risk period as about 10% of
suicides occur in this period, with 43% occurring within the first
month and 80% within the first year. This may be explained by
the shock and stress of incarceration which may be even more acute
for first-time prisoners. Substance misusers are at particular
risk at this time, as they have to cope with the shock of imprisonment,
whilst withdrawing from the substance that they have previously
been dependent upon.
2.2 Prisoners on remand are also disproportionately
represented in the figures. This has largely been attributed to
the stress of the remand period, as prisoners face the uncertainty
of the court case and sentencing as well as the shock of being
in prison, poor conditions, limited activities and overcrowding
on remand wings. However, as the remand population has a high
turnover, any suicide rate based on the average daily population
may be slightly biased towards remand prisoners, and if calculated
on the basis on receptions, the suicide rates of sentenced and
remand prisoners are roughly similar (Liebling 1999)[243].
2.3 Prisoners who have committed violent
and sexual offences may be more at risk of suicide and self-harm.
In 1998, 34% of those who committed suicide were charged with
violence against the person, but this group made up only 21% of
the prison population. Those charged with sexual offences made
up 10% of suicide, but 8% of the population (HMCIP 1999). [244]Those
serving sentences of four years or more, particularly lifers,
are at high risk and this may be due to guilt about the offence,
and uncertainty and despair about the prospect of long periods
of imprisonment.
2.4 Due to the fact that a large proportion
of prison suicides are carried out by those on remand or in the
early stage of a sentence, the majority of suicides and incidents
of self-harm take place in local prisons, as these are where such
prisoners are accommodated.
3. 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
3.1 Prison pressures or the so-called "pains
of imprisonment" such as isolation from family and friends,
and the lack of constructive activity may contribute to suicide
and self-harm if prisoners feel that they are unable to cope with
them. For example, the lack of any opportunity to sort out family
problems or alleviate anxieties over a relationship due to the
constraints of imprisonment may lead to feelings of hopelessness
and despair, which may eventually lead to suicide. In the current
climate of overcrowding, contact with family may be even harder
to maintain if a prisoner is moved far away from their home area
due to population pressures, and visits from family can become
difficult if not impossible. Prisoners who have difficulty coping
with the boredom and inactivity of prison life are more vulnerable
to self-destructive acts, and therefore such risk is likely to
be more acute in local prisons which tend to have a high prisoner
turnover and high levels of overcrowding. This may lead to a large
proportion of the population being left with no opportunities
for work, education or other activities and being locked in their
cells for up to 23 hours a day, as well as less opportunities
to arrange visits or make phone calls, and more pressure on facilities
such as health care, drug treatment etc. Furthermore, staff may
have less time to conduct assessments and offer care to individual
prisoners.
3.2 Feeling unsafe or fearful may also contribute
to suicide in prison, particularly if prisoners do not see any
other way out of a situation where they are being bullied, threatened
etc. This risk may be higher if they are in prison for the first
time or at the beginning of their imprisonment and have not had
any time or opportunity to build up any kind of supportive network,
or learnt the skills to avoid threatening situations.
3.3 The masculinity of a male prison environment
and the prisoner subculture may discourage inmates from discussing
their personal difficulties, as showing that they have problems
and particularly talking to staff about them may be seen as a
sign of weakness, potentially leaving prisoners more susceptible
to victimisation.
3.4 Despite the fact that a history of self-harm
can be a strong indicator of vulnerability to suicide, self-harm
or suicide attempts are sometimes seen by staff and other prisoners
as manipulative, attention-seeking, "gestures" which
are deliberately carried out by prisoners for their own gain such
as to obtain transfer to a better setting, escape problems with
others or be given a phone call to loved ones. Such attitudes
may lead staff to dismiss the severity of the prisoners' distress
and they may be treated with contempt and disapproval rather than
support and help. Viewing these acts as attention seeking or manipulation
tends to ignore the real problems that motivate prisoners to commit
self-destructive acts, and if there is no response to an act of
self-harm, suicide may ensue (Liebling 2001)[245].
3.5 Staff shortages, lack of staff continuity
and lack of information sharing can all impair staff ability to
identify and care for prisoners at risk of suicide/self-harm.
Although personal officer schemes (where one officer is responsible
for the welfare of a small group of inmates) may facilitate trust
and understanding between inmates and staff, thereby putting them
in the best position to notice any problems that prisoners may
be having, the effectiveness of such schemes varies between establishments,
and they are particularly less likely to be running in local prisons
and remand centres, despite the heightened risk of suicide there
(HMCIP 1999)[246].
4. Particular aspects of conditions of detention,
or the treatment of detainees, or the cultural background of prisoners
or prison officers that contribute to other deaths or injuries
in custody
4.1 The subculture of prisons and the prisoner
hierarchy ensures that certain groups of inmates are at a much
higher risk of victimisation and therefore injuries and possibly
even deaths in custody. Probably the most "at risk"
group, at the bottom of the hierarchy, is made up of sex offenders,
particularly child molesters or killers. Many prisoners see the
victimisation of sex offenders as legitimate and such attitudes
can be reinforced by staff who may tolerate expressions of such
hostility. Other vulnerable groups include "grasses"
who are seen to have broken a key rule of the inmate subculture,
police informers or those in debt to other prisoners.
4.2 Prisoners who have difficulties coping
in prison may also be at an increased risk of victimisation and
therefore death or other injuries. They may not have the social
skills to avoid dangerous situations such as borrowing tobacco
from others and being unable to pay this back, particularly when
double the initial amount is demanded. In the masculine prison
environment, where prisoners and staff are expected to solve their
problems through being tough and using violence and aggression,
those who show fear, weakness or resourcelessness or fail to stand
up for themselves may be more vulnerable to attack by other prisoners.
Any attempt to reduce violence may therefore be difficult as prisoners
may wish to "save face" to prove their strength and
status when faced with aggression. Furthermore, because the inmate
subculture clearly rejects any notion of "grassing",
informing staff that they are being bullied or intimidated may
not be an option for many prisoners as they may fear the repercussions
of this more than the initial victimisation.
4.3 Various aspects of the prison environment,
particularly relative deprivation and the limited access to material
goods, as well as overcrowding and limited supervision may explain
why bullying and taxing (intimidation designed to persuade someone
to part with goods or money) can flourish within prisons.
5. Practical steps that have already been
taken and further steps that need to be taken to prevent suicide
and self-harm in custody
5.1 The most recent Prison Service suicide
policy (introduced in 2001) places an emphasis on preventing suicide
through caring for prisoners who are seen to be at high risk of
self-destructive behaviour. Resources are to be concentrated on
local prisons through the Safer Locals Programme, and care for
prisoners on reception and induction is to be improved to ensure
that the early stages of custody are less stressful, prisoners
have adequate support and contact with others, and any risk factors
can be identified.
5.2 This policy also borrows the concept
of a "healthy prison" from the Chief Inspector of Prisons'
thematic review of suicide and self-harm (HMCIP 1999) [247]and
aims to promote a supportive culture where prisoners are less
likely to commit suicide, although it is not really made clear
how this might be done. Such a culture should be a key element
in any approach to reducing deaths in custody as there is a need
to break down ideas that only weak prisoners talk about their
difficulties, and ensure that prisoners feel comfortable about
approaching staff to discuss their distress.
5.3 Additionally, the policy suggests that
mental health staff can help to identify and care for at risk
prisoners and support wing staff, and recommends the establishment
of detoxification units to reduce the risk of substance misusers
committing suicide/self-harm in the early stages of their imprisonment.
However, many prisoners may be denied access to such a controlled
detoxification if prison medical staff feel that it is unsuitable
or do not believe in giving prisoners what they see as "more
drugs". Detoxification can also take up to 12 weeks and if
a prisoner is moved within this time or released, it may not be
possible to complete the programme which can be worse than no
programme at all.
5.4 Whilst these measures are helpful not
only in terms of reducing the risk of suicide, but also in promoting
better mental health, there is a danger that the focus of suicide
prevention is moving back towards a medical model, with an emphasis
on mental disorder and substance misuse, rather than a multi-disciplinary
approach. Although the policy stresses the role of the whole prison
community in creating a supportive environment, it does not discuss
the role of other staff such as teachers, instructors and probation
officers, despite the fact that they spend a considerable amount
of time with prisoners, and inmates may choose to confide in them,
particularly if they are in distress whilst away from the wing.
Such staff therefore also need to be supported to ensure that
they are confident in taking measures to prevent suicide/self-harm,
and the role of activities such as education in ameliorating prisoners'
coping difficulties should not be underestimated (see paragraph
7.8 below).
5.5 Mental health and enhanced suicide awareness
training for front line staff in local prisons is also recommended
in the suicide prevention policy, and since 2001, all new prison
officer recruits have been given training in identifying mental
health problems. Whilst this is a positive step, it is not clear
why this should not be received by existing officers, particularly
as there is a danger that when trainees start training "on
the job", they will accumulate negative attitudes from more
experienced officers who have not received mental health training.
5.6 In 1999 the Prison Service announced
that the use of strip cells for suicidal prisoners would be abolished
by April 2000, as this practice was likely to be challenged under
Article 3 of the European Convention of Human Rights, which protects
the right to freedom from torture or inhuman or degrading treatment
or punishment. Strip cells have been widely recognised as unsuitable
accommodation for suicidal prisoners, as inmates are deprived
of human contact, and they may actually serve to intensify a sense
of hopelessness and increase suicidal ideas rather than relieving
prisoners' distress.
5.7 Since the abolition of strip cells,
"safe cells"; that is, cells that minimise ligature
points, have been installed in health care centres and induction
and detoxification units. Although such cells may ensure compliance
with Article 2 and 3 of the European Convention of Human Rights,
they, along with other situational measures such as observation
cells with CCTV, may be used as an excuse not to maintain active,
supportive contact with the inmate, and may therefore leave prisoners
isolated from others, which is likely to exacerbate any feelings
of hopelessness and any consequent risk of suicide.
5.8 Prisoners who are vulnerable to suicide/self-harm
may also be placed in a prison health care centre for short periods
of time in order for staff to observe them and to take them away
from the pressures of the normal prison environment. However,
prisoners accommodated in health care centres tend not to have
access to a range of constructive activity, and being placed there
may therefore serve to exacerbate a prisoner's feelings of boredom
and isolation. Some commentators have argued that suicidal inmates
should be placed in shared accommodation in as normal an environment
as possible (Medlicott 1999)[248].
This would ensure that the suicidal prisoner can receive help
from their cell mate (who may or may not be a Listener), is less
likely to feel isolated and would still be able to participate
in the prison regime. Alternatively, vulnerable prisoners could
be placed in the facilities for prisoners with special needs which
are described in section 7 below.
5.9 Most prisons in England and Wales operate
a Listener scheme, where prisoners are selected and trained, usually
by the local Samaritans group, to befriend other inmates and support
those in distress, using sympathetic but active listening techniques.
All discussions are completely confidential, and there is an emphasis
on helping prisoners to help themselves, whilst Listeners remain
supported by the Samaritans through regular feedback sessions.
Listener schemes are designed to supplement the work of staff,
as it was seen that prisoners would be better informed about how
to cope with periods of despair and would be more likely to recognise
the distress of others (HM Prison Service 1997). [249]Although
the number of Listeners in high risk prisons has recently been
increased, it should be noted that it may be more difficult for
schemes to operate in local prisons and remand centres where there
is a high turnover of inmates. Additionally, the issue of confidentiality
remains contentious, not only because staff resent the idea that
they may not be informed if prisoners intend to commit self-harm,
but also as prisoners may distrust Listeners fearing they may
discuss their problems with staff (HM Prison Service 2001)[250].
5.10 Families and friends also need to be
included in caring for those at risk of suicide/self-harm. They
may be able to pass on any relevant information or concerns that
they may have about an individual prisoner, and they should be
kept informed of any changes in a prisoner's mental state. Although
the latest Prison Service Order (PSO 2700, issued in November
2002) on suicide and self-harm prevention recommends that after
serious incidents of self-harm, prisoners may be given a phone
call or an extra visit, it is not clear whether the same provisions
would exist for those who are clearly in a state of acute distress,
but have not actually self-harmed.
6. Practical steps that have already been
taken and further steps that need to be taken to prevent other
deaths or injuries in custody
6.1 In 1993, the first national anti-bullying
strategy stressed the need for a "whole prison approach"
in which staff, prisoners and visitors show a commitment to reduce
and prevent bullying. This includes identifying circumstances
that are conducive to bullying, constantly reinforcing the strategy
to prisoners as soon as they enter an establishment, and challenging
bullies and supporting victims of bullying in an effort to change
the prison culture. Every establishment is required to have its
own anti-bullying policy, and an anti-bullying co-ordinator to
regularly review the symptoms of bullying. Policies may include
measures such as those to encourage prisoners to report victimisation
without fear of being seen as a "grass", and segregating
aggressors rather than victims and ensuring they go through an
anti-bullying programme. However, not all staff members may be
aware of the policies which may lead to wide variations in their
effectiveness (Edgar and O'Donnell 1997)[251],
and thus there is a need to ensure that all levels of staff are
committed to anti-bullying measures.
6.2 Vulnerable prisoners can ask to be placed
on voluntary segregation for their own protection (under Rule
45), but this may have several negative consequences. Conditions
on segregation wings are seen to be substandard in comparison
to those that prevail in the rest of the prisons, and inmates
may have little or no access to institutional activities such
as work, education and gym. Many vulnerable prisoners, particularly
in local prisons, may therefore spend approximately 23 hours a
day locked up in their cells, a situation which may increase a
sense of boredom and isolation and psychological problems such
as severe anger, sleep disturbances and depression, thus potentially
enhancing the risk of suicide. In some prisons, Vulnerable Prisoner
Units (VPUs) have been developed which offer the prisoners accommodated
there conditions which are at least approximate to those on normal
location. Work, education and association is provided within the
units and prisoners are able to mix more freely amongst themselves.
Yet providing separate facilities for work, exercise, education
and visiting may be beyond the budgetary and other resources of
most establishments.
6.3 Protective segregation may also contribute
to the identification of weak and vulnerable groups in the prison,
thus adding to their scapegoating and victimisation. It does not
address aspects of the prison subculture which stigmatise and
persecute such inmates and prisoners who chose to go on protective
segregation risk being stigmatised as sex offenders even when
they are not, which may make any return to normal location problematic.
Such stigmatisation can be dehumanising and cause great distress.
6.4 In order to counter this stigmatisation,
challenge the negative subculture and provide better conditions
for vulnerable prisoners, some prisons have integrated vulnerable
prisoners into the main prison population. At HMP Littlehey vulnerable
prisoners are accommodated separately from the rest of the prison,
but are encouraged to participate in work, education and exercise
with inmates from the main population, and eventually move onto
normal location. Staff will not tolerate persecution and as the
regime at Littlehey is relatively relaxed, inmates are dissuaded
from causing trouble or they risk being transferred. Vulnerable
prisoners could certainly be accommodated with ordinary inmates
in small units, containing no more than 50 to 70 prisoners, as
recommended by Woolf (1991)[252].
Such units would have a liberal regime so that prisoners would
not want to risk being moved off the unit and would therefore
be less inclined to cause trouble. They may offer improved standards
of surveillance and control and can encourage better interpersonal
relations between staff and prisoners, and may also have the effect
of creating a better sense of community amongst the prisoners
accommodated there, which could discourage them from victimising
others, and encourage them to support those who are being victimised.
7. Facilities for vulnerable prisoners with
coping difficulties/special needs
7.1 In some prisons in England and Wales,
distinctive units have been set up for prisoners who have a variety
of different problems or "special needs", such as mental
disorders, learning difficulties, or substance misuse, which make
it difficult for them to cope with prison life. These facilities
aim to help such prisoners to cope by keeping them in a sheltered
environment such as a separate landing or wing, where they can
receive assistance with their individual difficulties and be kept
away from other prisoners who may seek to harm them due to their
vulnerability. They act as "halfway houses" between
the normal prison wings and more specialist locations where vulnerable
prisoners are often placed, such as the Rule 45 unit or the health
care centre. Such facilities accommodate approximately 40 prisoners
and are staffed by small teams of supportive officers who receive
little or no extra training for this role, but are specially selected
for their more understanding, tolerant approach.
7.2 My doctoral research on the effectiveness
and operation of two of these facilities (B1 at HMP Cardiff and
St Patrick's wing at HMP Camp Hill) found that they could help
prisoners cope in several different ways (Mills 2003)[253].
Firstly, the prisoners accommodated there particularly seemed
to appreciate being kept in a more sheltered subsetting, away
from the rest of the prison. The facilities ameliorated prison
pressures by reducing the unpredictability of prison life and
offering a more supportive environment free from the constraints
of the masculine prison culture and its need to demonstrate toughness,
and the majority of prisoners reported feeling safer there than
in other areas of the prison. Furthermore, although both facilities
protected the prisoners from others, B1 encouraged inmates to
integrate with other prisoners at work, education, association
etc, whilst St Patrick's provided opportunities for education
and association on the wing, which meant that these prisoners
were able to access constructive regimes which they may not be
able to do on other specialist locations.
7.3 Secondly, staff played a significant
role in creating such an ameliorative environment. Having regular
staff working on the facilities meant that better staff-prisoner
relations could be built up and officers were well placed to notice
any changes or differences in a prisoner's mental or physical
state. Staff also seemed to recognise the need to try to understand
prisoners' complex problems and be tolerant of their behaviour
rather than resorting to disciplinary responses. Many encouraged
prisoners to talk to them about their concerns in the hope of
alleviating their distress and reducing the isolation of prison
life, and during the fieldwork, it became evident that many inmates
appreciated the regular officers' approachable, friendly manner.
Approximately 40% of prisoners on B1 and 25% of prisoners on St
Patrick's reported that they would talk to staff working on the
facilities about personal problems. Although these figures do
not appear to be high, one study of prison suicide found that
only a fifth of prisoners would discuss a problem with someone
(including staff, prisoners and others) (Liebling 1992 op cit).
Additionally, when asked what they would do if they had a problem
with another prisoner, most inmates on both facilities said that
they would tell an officer, which suggests that the facilities
were able to create a safe environment where inmates feel comfortable
about approaching staff about such matters, as suggested in the
Prison Service's anti-bullying strategy.
7.4 The research has also shown that there
is a need to understand how a prisoner's "special needs"
can affect their coping difficulties. The thesis looked at four
specific areas of special need found amongst the prisoners accommodated
on the facilitieshealth problems, substance misuse, educational
difficulties and physical disabilitiesand found that some
could have a considerable impact on prisoners' ability to cope.
Prisoners with mental health problems may feel too ill to participate
in constructive activity due to their medication, which may leave
them feeling unable to alleviate any feelings of boredom. Substance
misusers who may have previously depended on a substance to cope
with life outside of prison, may find it difficult to cope without
this in prison and any physical or psychological withdrawal symptoms
may also leave them unable to participate in prison life and with
an enhanced sense of anxiety and fear. Finally, those with educational
difficulties or learning disabilities may be more limited in the
way that they can keep themselves occupied whilst in prison and
may be more susceptible to feelings of isolation due to greater
communication difficulties with family and friends.
7.5 The facilities did, however, provide
some specialist assistance to help to meet prisoners' special
needs and thus try to alleviate their coping difficulties. For
example, St Patrick's wing holds specialist education classes
to improve prisoners' basic and life skills as well as giving
them some form of constructive activity, and offers access to
a community psychiatric nurse who works on the wing three days
a week. All staff working on the wing also attend a weekly meeting
where individual prisoners are discussed to monitor their progress
and note any problems that they may be having.
7.6 In order to help prisoners cope with
prison life and thus reduce vulnerability to suicide/self-harm
and victimisation, these facilities could be replicated across
the prison estate, as they appear to offer a more constructive
alternative to situational suicide and victimisation prevention
measures. However, they do need to be developed and improved,
and as these prisoners have a variety of different problems, a
multi-disciplinary approach is necessary with more services to
help them with their special needs and thus their difficulties
coping in prison. This could be based around the multi-disciplinary
mental health in-reach teams which are to be introduced into prisons.
These consist of a range of mental health professionals from the
community who will provide services to prisoners accommodated
on normal prison wings in the same way that they do to patients
in the community, and the facilities seem to be an ideal setting
for these services. Such mental health teams may also include
occupational therapists who can play a significant role in helping
prisoners to cope with their imprisonment. Occupational therapy
or day care may allow them to express feelings that they are unable
to discuss, as well as providing them with constructive activity.
In order to best meet the variety of needs that these inmates
have, day care could cover a number of different subjects and
could be carried out by a team of different staff including officers,
teachers, psychiatric nurses, psychologists and drug/alcohol counsellors,
particularly as recruiting forensic occupational therapists to
run such provision may be difficult due to a shortage of staff
specialising in this area.
7.7 Such a multi-disciplinary approach also
needs to include comprehensive drug treatment ranging from suitable
detox medication, awareness courses and more intensive treatment
programmes. Although new detoxification units will go some way
towards providing this help, the evidence suggests that current
drug treatment provision is unable to cope with the extremely
high demand for it, particularly in local prisons. Furthermore,
as mental health problems and substance misuse are two issues
which may exacerbate any difficulties coping with prison life,
there is also a need to ensure that services are provided for
prisoners with a "dual diagnosis"; that is, a mental
disorder and substance misuse problem. Such prisoners have traditionally
fallen through the gap in provision, as mental health services
have refused to treat them due to their substance misuse and drug
agencies have turned them away due to their mental health problems.
The Department of Health (2002) [254]has
recently introduced a dual diagnosis strategy which suggests that
mental health services will take primary responsibility for patients
with a severe mental illness and substance misuse problem, with
drug agencies providing them with specialist training and support.
Conversely, mental health services should offer support to drug
and alcohol agencies to enable them to deal effectively with those
with less severe mental health problems, and there is no reason
why such a strategy could not be introduced into prisons to provide
appropriate care for these prisoners.
7.8 Other agencies and groups could also
be involved in providing multi-disciplinary care to prisoners
with special needs. The training in mental health awareness which
is now given to new prison officer recruits could be given to
the staff working in these facilities so that they can identify
anyone showing signs of stress or anxiety and give appropriate
support. Furthermore, education classes like those provided on
St Patrick's wing can provide a forum for prisoners to discuss
their concerns with others, including the teachers, within a "humanising"
environment, which may go some way to ameliorate the coping difficulties
that these prisoners have. However, in order to do this, education
should be more broad than the current rather narrow emphasis on
basic skills and should include subjects such as art, which may
not necessarily lead to a vocational qualification, but may improve
prisoners' self-esteem and general attitudes towards themselves
and others.
8. Fostering a greater human rights culture
8.1 Fostering a human rights culture in
prison is difficult when a negative view of prisoners' rights
is likely to be reinforced by those in the outside community to
which staff return every day. Among staff, "rights"
talk may generate suspicion as they may believe that it will mean
that prisoners have more scope to litigate against them. Fear
of being blamed for a breach of human rights, particularly in
terms of preventing deaths in custody, may lead to an overcautious
approach as staff may be tempted to resort to situational measures
such as "safe" cells or encouraging prisoners to go
onto Rule 45 rather than attempting to reduce their vulnerability
by offering them personal support and improving their coping abilities.
Furthermore, a human rights approach may generate resentment among
staff as they may feel that more attention is being placed on
improving conditions for prisoners rather than their own working
conditions.
8.2 There is therefore a real need for management
commitment to support staff in order to encourage them to adopt
a human rights approach. This might include not only training,
but also supporting staff initiatives which do promote human rights.
The staff working on the facilities discussed in section 7 had
many ideas as to how the units could be developed, but these were
often ignored due to budgetary constraints, overcrowding and lack
of management commitment, leaving staff feeling disappointed and
demoralised. If such measures do not receive the appropriate commitment
and financial resources, they can be vulnerable to being closed
down when, for example, a new governor is appointed, or when a
key individual leaves the project, and no-one can be found to
take their place.
8.3 Finally, there is also a need to act
in the interests of prisoners in order to promote humanity and
care in prisons, rather than in the interests of prisons who may
wish to simply avoid legal action under the Human Rights Act 1998.
This could include utilising more social measures to prevent deaths
in custody, such as the facilities for special needs prisoners
which attempt to tackle vulnerability, rather than situational
approaches which deal in terms of risk and simply trying to manage
risk predictors.
5 September 2003
241 Liebling, A (1992) Suicides in Prison, London,
Routledge. Back
242
HM Chief Inspector of Prisons (HMCIP) (1999) Suicide is Everyone's
Concern: A Thematic Review by HM Chief Inspector of Prisons for
England and Wales, London, Home Office. Back
243
Liebling, A (1999) "Prison Suicide and Prisoner Coping",
in Tonry M and Petersilia, J (eds) Prisons, Crime and Justice:
A Review of Research, Vol 26, Chicago, University of Chicago Press. Back
244
op cit. Back
245
Liebling A (2001) "Suicides in Prison: Ten Years On",
Prison Service Journal, No 138, pp 35-41. Back
246
op cit. Back
247
op cit. Back
248
Medlicott, D (1999) "Researching the Prison: Prisoners as
Knowledgeable Agents", unpublished paper presented to the
British Criminology Conference 1999, Liverpool, 13-16 July. Back
249
HM Prison Service (1997) Caring for the Suicidal in Custody,
London, Prison Service. Back
250
HM Prison Service (2001) Prevention of Suicide and Self-Harm
in the Prison Service, London, Prison Service. Back
251
Edgar, K and O'Donnell, I (1997) "Responding to Victimisation",
Prison Service Journal, No 109, pp 15-19. Back
252
Woolf, Lord Justice (1991) Prison Disturbances April 1990:
Report of an Inquiry by the Rt Hon Lord Justice Woolf (Parts I
and II) and His Honour Stephen Tumin (Part II), London, HMSO. Back
253
Mills, A (2003) Coping, Vulnerability and disruption: Facilities
for Prisoners with Special Needs, unpublished PhD thesis,
University of Wales, Cardiff, June 2003. Back
254
Department of Health (2002) Mental Health Policy Implementation
Guide: Dual Diagnosis Good Practice Guide, London, Department
of Health. Back
|