INQUEST

The family of young man with mental health problems who died after he was left naked on the floor of a police cell have strongly criticised the way their son was treated.

…Deborah Coles, co-director of the campaign group Inquest said: “This is sadly not an isolated case and the issues of concern raised by the jury and coroner are not new. Inquest is working on too many cases of people suffering mental illness who have died after being restrained by police and there is no evidence that any of the collective learning from these cases is being acted upon.”

JURY AND CORONER RAISE CONCERNS ABOUT RESTRAINT-RELATED DEATH OF JAMES HERBERT IN POLICE CUSTODY IN YEOVIL

Hannah — Fri, 26 Apr 2013 14:53:15 +0000

26 April 2013

An inquest jury has today found communication failures, a failure to adequately monitor James on the journey to Yeovil police station and a failure to call for medical assistance either en route to the police station or at the very latest on arrival may have contributed to James Herbert’s death on 10 June 2010.

James was the only child of Barbara Montgomery and Tony Herbert and was living with his mother at the time of his death. He had suffered mental ill health for several years.

On 10 June 2010 James was seen in public acting strangely. The police were called at around 7pm. Several police officers and members of the public were involved in restraining him and placing him in the back of a police van.

Limb restraints were applied to his ankles, legs and wrists. He was detained under section 136 of the Mental Health Act and transported over 27 miles away to Yeovil Police Station (a 40 to 45 minute journey). Upon arrival at the station James was clearly unresponsive. He was carried face down on a blanket from the police van and placed in a cell in the custody suite. His clothes were removed and he was left naked on the floor before officers withdrew from his cell.

The coroner is to write to the Chief Constable of Avon and Somerset Police using his rule 43 powers. He will raise concerns around lack of information gathering and sharing, including from James’ mother at the time of his restraint; and the need to monitor those detained under section 136 during their transportation. The third area of concern is in relation to risk assessment and the need to regularly re-assess the need for medical assistance and restraint of detainees.

James Herbert’s family said:

“We are pleased the jury has recognised the serious failings of the police officers in their duty of care towards James. Evidence throughout the inquest has shown that had the officers responded differently, and treated the situation as a medical emergency, there is every likelihood that James would have survived his ordeal and still been with us today.

“This has been an intense and exhausting few weeks and the combative approach of Avon and Somerset Police, not to mention their unwillingness to admit wrongdoing, have been hard to bear. There have been several instances of some police officers lying in their statements or at the inquest under oath. We may have been able to forgive Avon and Somerset Police had they acted honourably, but they never gave us that chance.

“We can only hope now that lessons will be learned and James’s tragic death may help to make it a safer world for others, particularly for the vulnerable and those struggling with mental illness.”

A full family statement can be found here

Deborah Coles, co-director of INQUEST said:

“This is sadly not an isolated case and the issues of concern raised by the jury and coroner are not new. INQUEST is working on too many cases of people suffering mental illness who have died after being restrained by police and there is no evidence that any of the collective learning from these cases is being acted upon.

“Everybody agrees that police custody is an inappropriate and potentially dangerous place for someone experiencing mental ill health. An urgent review must be undertaken into how the police and mental health providers can work together to respond to people in crisis and a new nationwide strategy developed. Without this our fears are that more tragic and preventable deaths will follow.”

INQUEST has been working with the family of James Herbert since his death in 2010. The family is represented at the inquest by INQUEST Lawyers Group members Beth Handley from Hickman and Rose solicitors and barrister Alison Gerry of Doughty Street chambers.

Ends

Notes to editors:

1. INQUEST is working with the families of several people who were experiencing mental illness and who died following contact with the police including Colin Holt, Thomas Orchard, Olaseni Lewis, Sean Rigg, and Kingsley Burrell.

2. The IPCC’s published statistics on deaths in police custody for 2011/12 revealed that nearly half (7 out 15) of those who died in or following police custody were identified as having mental health problems www.ipcc.gov.uk/Documents/research_stats/Deaths_Report2011-12.PDF

3. Under Section 136 of the Mental Health Act the police may detain someone they believe is suffering from a mental illness and in need of immediate treatment or care. Section 136 gives authority for the police to take a person from a public place to a “Place of Safety”, either for their own protection or for the protection of others, so that their immediate needs can be properly assessed.

James Herbert inquest verdict: family statement

Hannah — Fri, 26 Apr 2013 13:49:32 +0000

On June 10^th 2010 at 7.00pm our son James was in a distressed state running and walking in and out of traffic on the Bath Road, Wells, about 400 metres from his home. One and a half hours later he lay dying naked on a concrete floor of a police cell at Yeovil police station, having been subjected to a restraint involving four police officers and three members of the public. He had purportedly been detained under Section 136 of the Mental Health Act, where the purpose is to be taken to a place of safety for a mental health assessment. He was in fact taken on a forty to forty five minute journey where he lay, in the words of one of the members of the public who helped restrain him, “trussed up like a chicken”. He had been handcuffed with his hands behind him and with two sets of limb restraints on his legs, one at his ankles the other around his thighs. He was then wedged in a cramped space in the cage of a police van on a warm summer evening. He was wearing a thick winter coat. Nobody sat in the cage with him, or even in the back passenger seats, where at least he could have been watched properly. By the time he arrived at Yeovil police station he was unresponsive, and even then there was a delay until an ambulance was called. The CCTV pictures of our dying son being the subject of a cell extraction tell the story eloquently of the catastrophic errors that were made by many of the police officers involved and the disregard and neglect shown to his welfare until it was far too late.

James had mental health issues and whilst there is no evidence at all that he was violent prior to the restraint, we believe that his struggle against the restraint in Wells, and so we are led to believe in the van, were crucial factors in his death. No person should have been subjected to that journey, let alone a mentally ill one in a highly distressed state. It was inhumane.

James did not have a malicious bone in his body and we miss him terribly. He will never have a chance to overcome his problems, fulfil his potential, fall in love, have children of his own, and enjoy football, the internet, parties and talk endlessly about the meaning of life. His life and his future were stolen from him.

While we do not believe that the police officers involved in James’ restraint and detention on that day deliberately set out with malicious intent towards him, we believe that they made very serious errors of judgement in the restraint of him and then failed to appreciate and act upon the peril they had put him in as a result of that restraint and the struggle that ensued, despite being trained in these matters by the Avon and Somerset Constabulary. We believe that if the situation on Bath Road in Wells had been de-escalated, as it could and should have been, James would be alive today. We believe that had emergency medical assistance been summoned quickly after James had been restrained or even if he had been taken immediately to the Accident and Emergency Department of the closest hospital, as could and should have happened, he would probably be alive today, and even if an ambulance had been called when he first arrived at Yeovil, when he was so clearly unresponsive, he would have had a good chance of surviving the ordeal he was put through.

Since losing James we have had a burning need for the truth. The many families who over the years have lost loved ones in the hands of the State will understand this. The most shameful thing of all is that the police officers involved, and in our opinion Avon and Somerset Constabulary, were far more concerned about absolving themselves from criticism than from owning up to and thereby learning from their terrible errors. If the police want the public to have confidence in them, then they need above all to learn that this is not the way to treat human beings. By making sure they had their story straight before we were told that James had died, which in common with most deaths of this type was more than four hours later, and by a failure to acknowledge their errors of judgement and then in some instances to attempt to hide or “spin” the facts of what happened and then to put those errors in the best possible light, their behaviour was unacceptable by any measure. This is deep and pernicious institutional corruption. Yeovil hospital staff contacted Avon and Somerset Police around eleven pm on the night James died to ask if the family would be coming to see him or should they transfer him to the mortuary. They were told to transfer him as the family wouldn’t be visiting. How could we? We were not told that he had died until 1.30am. We were denied the opportunity to see James and had to wait for six days to identify and view him. It breaks our heart to think that the hospital staff might have thought that James’ family did not care enough to come to see him.

There are several examples of some police officers lying in their statements or at the inquest under oath. We may have been able to forgive Avon and Somerset Police had they acted honourably. They never gave us a chance as you can only forgive if the truth has been admitted. We were again denied this basic right, the comfort of forgiveness.

We would like to thank the jury at James’ inquest for their attention over a very intense few weeks.

We would also like to thank Beth Handley and Alison Gerry, our solicitor and counsel for helping us get to the truth. You have our ever-lasting gratitude and love. You are good people and we are proud that you helped us and you did James justice through the inquest by your hard work and professionalism.

We would like to thank INQUEST and our case worker Victoria McNally for their help and support. INQUEST is a real lifeline for people who have lost loved ones and they have helped us practically and emotionally. They are worthy of much more funding than they receive to carry on their excellent work in increasing understanding in this area and in the way they support bereaved families.

The IPCC first investigated the circumstances of James’ death and we were treated well by them personally, in that they conducted their investigation in a transparent way and showed us kindness and empathy. Their investigation picked up several important issues, although we also believe it missed some important points. We will be happy to engage with them with our opinions, the positives and the negatives, as they perform an extremely important function in these matters.

To all the other families who have lost loved ones in the hands of the State, you have our love. We are with you. Let us make sure that we can give their lives some meaning by changing things for the better. Getting justice for James for us has always been mostly about making sure that nobody else can die in the same way.

Finally we would like to quote Jennifer Edwards:

“The beauty of life is, while we cannot change what is done, we can see it, understand it, learn from it and change. So that every new moment is spent not in regret, guilt, fear or anger, but in wisdom, understanding and love”

Avon and Somerset Police, please “see it, understand it, learn from it and change”.

James, we so wish you were still with us and we miss you more than we can express. We will never forget you and we hope that your tragic death may help to make it a safer world for others, particularly for the vulnerable and those struggling with mental illness.

Report highlights safety concerns (ITV Granada News)

Hannah — Thu, 25 Apr 2013 10:50:30 +0000

(ITV Granada News)

The Chief Inspector of Prisons said Hindley young offenders institute had some real strengths and was doing some very good work with young people.

But Nick Hardwick said as with other young offender institutions, it was having greater difficulty in keeping young people safe.

…The campaign group INQUEST, which has been working with the family of 17 year old Jake Hardy, who died at Hindley, said it was concerned.

“It is deeply worrying that the inspection found that the initial good learning following the death of 17 year old Jake Hardy in January 2012 had not been sustained. This reiterates our concern that the framework to ensure ongoing practice change and learning following any death in custody is urgently reformed.

“The Inspectorate finding about the high number of self harm incidents and high level of use of force again raises serious questions about the efficacy of the use of prison for vulnerable children and young people. We repeat our call for an urgent independent review of the treatment of children and young people in conflict with the law.”

- Deborah Coles, Co-Director of INQUEST

HIGH COURT RULES 17 YEAR OLDS IN POLICE CUSTODY SHOULD BE TREATED AS CHILDREN – INQUEST RESPONSE

Hannah — Thu, 25 Apr 2013 09:53:49 +0000

25 April 2013

In a landmark judgment handed down today, the High Court has ruled that treating 17 year olds in police custody as adults is unlawful. As the law currently stands, 17 year olds are treated as adults which means their parents are not informed they are in custody and they are not entitled to have the support of a family member or an ‘appropriate adult’ with them during police questioning. Full background here.

INQUEST co-director Deborah Coles said:

“INQUEST’s work on the deaths of children in custody has underlined the devastating consequences of treating 17 years in conflict with the law as adults. We welcome this really important judgment that should safeguard the lives of vulnerable children in police custody in the future.”

Ends

INQUEST response to inspection report of HMYOI Hindley

Hannah — Wed, 24 Apr 2013 23:10:14 +0000

The Chief Inspector of Prisons publishes its report of an unannounced inspection of HMYOI Hindley.

In response, Deborah Coles, co-director of INQUEST said:

Ends

Notes to editors:

1. INQUEST has been working with the family of Jake Hardy since his death in January 2012.

2. There have been three deaths of young people at HMYOI Hindley since 2002. There have been 143 deaths of children and young people under the age of 21 since 2000.

3. INQUEST is calling for an independent review of the deaths of children and young people in prison and in October 2012 published Fatally Flawed, an evidence-based report examining recent deaths of children and young people and whether lessons are being learned from those deaths.

4. INQUEST’s 2012 report Learning from death in custody inquests highlights the urgent need for a national framework to properly implement learning from evidence gathered during the investigation and inquest process.

5. The inspection report is available on the Prisons Inspectorate website

Inquest opens into death in custody of Fishersgate man (Brighton and Hove News)

Hannah — Wed, 24 Apr 2013 10:52:43 +0000

(Brighton and Hove News)

An inquest has been opened into the death of a 21-year-old man from Fishersgate who died while serving a sentence in a young offender institution (YOI).

…[The man's mother] has been supported by Inquest, which provides free independent advice to bereaved people on contentious deaths and their investigation, with a particular focus on deaths in custody.

Deborah Coles, co-director of Inquest, said: “This is another troubling death in prison of a very vulnerable young man with a history of self-harm and mental health needs that warrants wide-ranging scrutiny.”

Inquest said that Spiller was the second young man to take his own life in Aylesbury YOI in 2011 and that seven young men had taken their own lives there since 2000.

PROSECUTION OF POLICE OFFICERS FOLLOWING THE DEATH OF COLIN HOLT BEGINS WEDNESDAY 24 APRIL

Hannah — Tue, 23 Apr 2013 08:25:25 +0000

10am, Maidstone Crown Court
Before The Hon. Mr Justice Singh

The prosecution of two police officers, PC Leigh and PC Bowdery, charged with misconduct in public office following the death of Colin Holt will begin on Wednesday 24 April.

Mr Holt suffered from mental health problems and had absconded from the hospital where he had been sectioned. Police went to his flat where he was restrained. He died from asphyxia during the restraint.

Ends

Notes to editor:

2. INQUEST is working the family of Colin Holt. The family is being represented by Mark Scott of Bhatt Murphy Solicitors.

INQUEST INTO THE DEATH OF 21 YEAR OLD BILLY SPILLER AT HMYOI AYLESBURY BEGINS MONDAY 22 APRIL

Hannah — Fri, 19 Apr 2013 10:17:36 +0000

Monday 22 April 2013 at 10am, for three weeks
Before Coroner Richard Hulett
Sitting at Buckinghamshire Coroner’s Court, 29 Windsor End, Beaconsfield, HP9 2JJ

Billy Spiller was aged 21 years old when he died on 5 November 2011. He was found hanging in his cell at HMYOI Aylesbury.

In January 2010, whilst in HMYOI Aylesbury, Billy was found hanging in his cell. He was found and cut down and sustained no serious injuries. He was released on licence in October 2010 but recalled soon after and arrived back at HMYOI Aylesbury in February 2011. Following his return Billy repeatedly threatened to self harm. He was referred to the mental health in-reach team and a psychiatrist. Billy was also subject to an ACCT (Assessment, Care in Custody, and Teamwork – the system used for prisoners who are at risk of self harm).

In October 2011 Billy again threatened to self harm and on 3 November 2011 he threatened to make a noose. On 5 November Billy became distressed when he was unable to speak with his girlfriend. He punched the walls and asked to be constantly observed because he felt like killing himself. He was given a phone call to his girlfriend. At the end of the call both Billy and his girlfriend were in tears.

That afternoon Billy was found hanging in his cell at 2.17pm and, despite attempts to resuscitate him, he was pronounced dead at 3.08pm.

Billy’s family hope that the inquest will address the following issues:

The care given to Billy by the mental health staff at HMYOI Aylesbury
The ACCT process, assessments of risk of suicide and recognition of self harming behaviour.
How the prison dealt with Billy’s threats to hang himself.
Information the prison had on Billy’s history of mental health difficulties and the medication he had been prescribed previously.
Prison staff training on dealing with prisoners with complex mental health needs.

Dawn Spiller, Billy Spiller’s mother said:

“After having to wait for nearly a year and a half to find out what happened on that tragic day, we hope to get closer to the truth and find out exactly what went so terribly wrong.

“We would like answers as to why my son had to lose his life in a state-run establishment that should have been protecting his wellbeing.”

Deborah Coles, co-director of INQUEST said:

“This is another troubling death in prison of a very vulnerable young man with a history of self harm and mental health needs that warrants wide ranging scrutiny.”

Billy Spiller was the second young man to die in HMYOI Aylesbury in 2011. Seven young men have died there since 2000.

The inquest is scheduled to last for three weeks.

Ends

Notes to editor:

1. INQUEST is calling for an independent review of the deaths of children and young people in prison following the publication of Fatally Flawed, an evidence based report examining recent deaths of children and young people and whether lessons are being learned from those deaths.

Asylum seeker death investigated by Home Office amid healthcare concerns (The Guardian)

Hannah — Mon, 15 Apr 2013 14:58:29 +0000

The Home Office has launched an investigation into the case of an asylum seeker who died within hours of being discharged from an immigration removal centre (IRC) where he had been held for three months.

…Deborah Coles, co-director of the Inquest campaign group said the death of a critically ill man, alone on a train, only hours after being discharged as unfit to be detained, suggested an abdication of Serco’s responsibility for his welfare.

“The circumstances of this death and the wider concerns about the quality and standards of healthcare for immigration detainees at Colnbrook – criticised by an inquest jury only last year – must be thoroughly scrutinised, both by the prisons and probation ombudsman and an inquest jury,” she said.

JURY DELIVERS DAMNING NARRATIVE VERDICT AFTER INQUEST INTO THE DEATH OF 18 YEAR OLD BEN GRIMES AT HMYOI PORTLAND

Hannah — Fri, 12 Apr 2013 16:28:46 +0000

A jury has returned a damning narrative verdict after the inquest into the death of Ben Grimes at HMYOI Portland, criticising failures by two young offenders’ institutions to recognise and deal with a young man’s vulnerabilities.

On the morning of 22 November 2009 Ben Grimes was found hanging in his cell on the reception wing at HMPYOI Portland, having spent only four nights in the prison. He had turned 18 six weeks before his death. On 13 November 2009 he had been sentenced to five years’ imprisonment and was expecting to serve 26 months (taking in to account time served). He had been on remand at HMYOI Feltham, close to his family, since 15 October 2009, but on 19 November 2009 he had been transferred to HMYOI Portland.

Ben’s ASSET profile (a risk management assessment completed by the Youth Offending Team) and Pre-Sentence Report (PSR) had noted that Ben was a vulnerable young man, with severe special education needs and diagnoses of attachment disorder, possible attention deficit and hyperactivity disorder and conduct disorder – the latter of which has a statistical link to suicide, according to evidence from the Prison and Probation Ombudsman’s expert clinical reviewer heard at the inquest. The ASSET further noted that removing Ben’s support network and contact with his Safe Start mentor would increase his risk.

Ben had been given 24 hours notice of his transfer to Portland, and had initially refused to go – raising concerns in particular about the distance from home. On arrival at Portland Ben had been kept waiting in a prisoner transport van while a prison officers’ meeting was concluded.

The inquest heard that for reasons which remain unknown the medical and prison staff who assessed Ben during reception and induction at Portland never saw the ASSET and PSR reports. These staff would have acted differently had they known about Ben’s vulnerability, and would have referred him to qualified mental health staff.

After three days of evidence the jury found the following contributed to Ben’s death:

- Insufficient verbal and written communication between the agencies responsible for Ben’s welfare and wellbeing;
- A failure to provide the ASSET and PSR to those with direct responsibility for Ben;
- A failure to understand Ben’s individual needs and vulnerabilities during his transfer between Feltham and Portland;
- A failure to complete the proper transfer documentation to the acceptable standard; and
- Interruptions in the continuity of Ben’s social care support in custody.

The jury also heard evidence that the Support Grade prison staff who found Ben had had no specific training in how to handle an emergency where someone has seriously self-harmed. The Coroner is currently considering a Rule 43 report into this issue, as well as into issues of communication of information upon transfer of prisoners.

Lisa Courtney, Ben Grimes’s mother, said:

‘The jury’s verdict is a damning indictment of institutional and systemic failures in the care of young people in custody. We agree with the jury that Ben was badly let down. We sincerely hope that lessons are learnt from Ben’s tragic death.’

INQUEST Lawyers Group members Anna Crawford and Eva Whittall of Hickman and Rose solicitors and Tom Stoate of Garden Court Chambers represented Ben’s family.

Eva Whittall said:

‘Ben’s death is a stark reminder of the danger of placing vulnerable young people into an institution which fails to recognise and respond to their individual needs and vulnerabilities. The fact that such vulnerabilities are sometimes difficult to spot makes correctly following procedures, and ensuring the right information and support is available to those with responsibility for prisoners’ welfare, all the more important – especially at such a crucial time of transition to young adulthood.’

Ends

Inquest resumes into death in custody of HMP Send female prisoner Melanie Beswick (Woking People)

Hannah — Fri, 12 Apr 2013 12:18:59 +0000

Woking People

AN INQUEST has resumed in Woking into the death of a female prisoner found hanging in her cell at HMP Send.

…Inquest, a campaign group for deaths in custody, said she self-harmed on several occasions during her imprisonment and was subject to an ACCT (Assessment, Care in Custody, and Teamwork – the system used for prisoners who are at risk of self harm) on three occasions.

The charity said she had also reported bullying on several occasions, and expressed fear that she would not be able to repay the money and so face further imprisonment.

On the day of her death, she had been found unresponsive and motionless in her cell and, despite no obviously signs of physical ill health, was taken to hospital, where she became agitated and tried to harm herself several times.

Inquest said the doctor eventually discharged her but instructed that she was at high risk of self harm and needed constant observation and mental health input.

A spokesman for Inquest said: “Despite this, on Melanie’s return from hospital that afternoon the duty governor decided that she did not need an ACCT or monitoring.

“Apparently unknown to him another officer had already begun the process but she was only placed on hourly observations. At about 7.45pm Melanie asked to speak to a Listener (prisoners trained by the Samaritans to support other prisoners in distress) but was told to wait because the on-duty Listeners were busy with other prisoners.”

John O’Neill to run the Crouch End 10K for INQUEST

Hannah — Fri, 12 Apr 2013 12:15:15 +0000

John O’Neill is running the Crouch End 10K for INQUEST on Sunday 19 May. He is fundraising in memory of James Herbert, who died in police custody in Yeovil in 2010 and whose inquest is currently taking place. INQUEST is supporting James’s family.

All donations are gratefully received. Please go to John’s Justgiving page to support him

Thanks to John from all of us at INQUEST.

Inquest opens into prison suicide (Morning Star)

Hannah — Thu, 11 Apr 2013 14:03:09 +0000

Morning Star

An inquest will begin tomorrow into the death of a woman found hung in her prison cell.

Melanie Beswick, who had a history of depression and self harm, was serving a second prison term for fraud when she was found dead on August 21 2010 at HMP Send in Surrey.

…Justice charity Inquest said Ms Beswick hurt herself several times while in prison and was being monitored.

On the day she died, Ms Beswick had been taken to hospital. She was discharged but her doctor said that she needed to be under constant observation and receive mental health care.

But Inquest said that Ms Beswick was only checked every hour and was told to wait when she asked to see a support worker as they were busy with other prisoners.

INQUEST INTO THE DEATH OF MELANIE BESWICK AT HMP SEND TO BEGIN THURSDAY 11 APRIL 2013

Hannah — Wed, 10 Apr 2013 09:43:17 +0000

Thursday 11 April 2013 at 10am
Before HM Coroner for Surrey Richard Travers
Sitting at HG Wells Conference Centre, Church Street East, Woking, Surrey, GU21 6HJ

Melanie Beswick was 34 years old when she died on 21 August 2010. She was found hanging from a ligature made from shoelaces attached to the window of her cell in HMP Send.

In March 2009 Melanie was given a nine month prison sentence for fraud. This was her first offence. Melanie had a long history of depression and self harm, and self harmed on several occasions during her first period of imprisonment. Confiscation proceedings were brought and following her release Melanie was ordered to repay the money she took within 6 months or serve a further 12 month prison sentence in default. Short of selling the family home and making her husband and two young children homeless Melanie could not repay the money in time and was sent back to prison by the court.

She self-harmed on several occasions during her imprisonment and was subject to an ACCT (Assessment, Care in Custody, and Teamwork – the system used for prisoners who are at risk of self harm) on three occasions. She had also reported bullying on several occasions, and expressed fear that she would not be able to repay the money and so face further imprisonment. On the day of her death, she had been found unresponsive and motionless in her cell and, despite no obviously signs of physical ill health, was taken to hospital, where she became agitated and tried to harm herself several times. The doctor eventually discharged her but instructed that she was at high risk of self harm and needed constant observation and mental health input.

Despite this, on Melanie’s return from hospital that afternoon the duty governor decided that she did not need an ACCT or monitoring. Apparently unknown to him another officer had already begun the process but she was only placed on hourly observations. At about 7.45pm Melanie asked to speak to a Listener (prisoners trained by the Samaritans to support other prisoners in distress) but was told to wait because the on-duty Listeners were busy with other prisoners. At 8.35pm, she was found hanging in her cell and despite attempts to resuscitate her was pronounced dead at 10.02pm at hospital.

Her family hopes the inquest will address the following issues:

What HMP Send should have known about Melanie’s medical history
The ACCT process
The medical care Melanie received in HMP Send and her undiagnosed underlying mental health condition
How the prison dealt with Melanie’s allegations of bullying
Information Melanie was given about her sentence
The care she received at hospital on the morning of the day of her death
Information breakdown between the hospital and the prison
The decision of the Deputy Governor not to instigate ACCT monitoring
The Listener scheme
The provision of first aid by prison staff

Melanie’s husband, two young daughters, mother and step-father are represented by INQUEST Lawyers Group members Jo Eggleton of Deighton Pierce Glynn and Jesse Nicholls of Tooks Chambers.

Ends

Inquest opens into death of man found naked in police cell (Morning Star)

Hannah — Mon, 08 Apr 2013 10:32:14 +0000

(Morning Star)

The parents of a mentally ill man who died after he was left naked on the floor of a Somerset police cell said today they wanted “truth and justice” at his inquest.

…Campaign group Inquest said that restraints were put on his ankles, legs and wrists and he was driven more than 27 miles to Yeovil police station, before being carried face down on a blanket into a police cell.

His clothes were removed and he was left naked on the floor of the cell, before officers realised he was not moving.

Mr Herbert was taken to hospital but attempts to revive him were unsuccessful.

INQUEST INTO DEATH OF JAMES HERBERT IN POLICE CUSTODY IN YEOVIL, SOMERSET BEGINS MONDAY 8 APRIL

Hannah — Thu, 04 Apr 2013 14:14:01 +0000

4 April 2013

10am Monday 8 April for 3 weeks
Before HM Coroner Tony Williams, Eastern Somerset District
Venue: Wells Town Hall, Somerset

The inquest into the death of 25 year old James Herbert, who died on 10 June 2010, will begin on Monday 8 April 2013. James was the only child of Barbara Montgomery and Tony Herbert and was living with his mother at the time of his death. He had suffered mental ill health for several years.

On 10 June 2010 James was seen in public acting strangely. The police were called to Bath Road, Wells, Somerset at around 7pm. Several police officers and members of the public were involved in restraining him and placing him in the back of a police van. It was a hot day and James was wearing a winter coat.

Limb restraints were applied to his ankles, legs and wrists. He is said by the police to have been detained under section 136 of the Mental Health Act. He was transported over 27 miles away to Yeovil Police Station (a 40 to 45 minute journey). Upon arrival at the station James was carried face down on a blanket from the police van and placed in a cell in the custody suite. His clothes were removed and he was left naked on the floor before officers withdrew from his cell.

James was observed to be unmoving and unresponsive. CPR was commenced and an ambulance was called. James was transferred to A&E at Yeovil Hospital. After unsuccessful attempts to revive him, James was pronounced dead at 9.20pm.

The family hope the inquest will address the following questions and issues:

Whether Avon and Somerset police acted appropriately and proportionately in their response to someone they knew, or ought to have known, was mentally ill
Whether adequate attempts were made to avoid the use of force
Why members of the public were permitted to be involved in the restraint
Why he was driven 27 miles to Yeovil police station instead of being taken to the nearest place of safety that had medical support
Whether James was appropriately monitored throughout that journey
Why he was deemed fit for detention on arrival at the police station despite his condition and why all his clothing was removed
Whether there was a delay in calling for emergency medical assistance
Whether the emergency medical response was adequate

James’s parents said:

“On June 10th 2010, our son James, who was 25, died shortly after being detained by Avon and Somerset Police under section 136 of the Mental Health Act. James was a highly intelligent and compassionate person. He had mental health issues but at no time in his life had he ever been violent to others. For us, the loss in such circumstances of our only child was a terrible event, a deep and painful shock and it feels like a light in our lives has been extinguished.

“We hope and pray that at James’s inquest, the light of truth and justice will shine and the lessons learned will at least help the steps to be taken that will prevent other families from experiencing the same agony. James lost his future but our hope is that his tragic death may help others keep theirs.”

Deborah Coles, co-director of INQUEST said:

“This is another shocking death in police custody of a man suffering mental illness. James Herbert was a vulnerable man in need of care and protection who died in the most disturbing circumstances.

“INQUEST is working on too many similar cases raising near-identical questions and concerns about police treatment of vulnerable people with mental health issues. It is vital for the family and the public that there is a thorough and far-reaching inquest into James Herbert’s death, and that action is taken not just locally but at a national level to address what is a serious and ongoing failure to learn lessons.”

INQUEST has been working with the family of James Herbert since his death in 2010. The family is represented at the inquest/hearing by INQUEST Lawyers Group members Beth Handley from Hickman and Rose solicitors and barrister Alison Gerry of Doughty Street chambers.

Ends

Notes to editors:

1. The IPCC’s published statistics on deaths in police custody for 2011/12 revealed that nearly half (7 out 15) of those who died in or following police custody were identified as having mental health problems.

2. Under Section 136 of the Mental Health Act the police may detain someone they believe is suffering from a mental illness and in need of immediate treatment or care. Section 136 gives authority for the police to take a person from a public place to a “Place of Safety”, either for their own protection or for the protection of others, so that their immediate needs can be properly assessed.

James Best: Jailed in the riots for stealing a gingerbread man… dead in the prison that should have protected him (The Independent)

Hannah — Mon, 01 Apr 2013 14:51:38 +0000

The Independent

James Best had a history of mental health problems before being jailed after the riots of 2011. Now his brother has warned that the systemic failures which led to his death could happen again.

…HMP Wandsworth has been at the centre of controversy due to the number of deaths that have occurred there. Inspectors called it “unsafe” in 2011 after they found 11 deaths between January 2010 and March 2011. And the campaign group Inquest said that Mr Best’s inquest was the third this year into a death in custody there.

Officers arrested in police custody death investigation (Morning Star)

Hannah — Fri, 29 Mar 2013 14:57:37 +0000

Morning Star

Two serving and one retired Metropolitan Police officers were released on bail today after being arrested during investigations into the death of a mentally ill man in custody in south London.

…Campaign group Inquest has been supporting the family.

Co-director Deborah Coles said: “We are pleased due process is finally under way, after a battle by Sean Rigg’s family for truth and justice that has been ongoing for nearly five years.

“It should not be down to organisations like Inquest and families themselves to hold the police to account.”

INQUEST response to arrests of three officers following an investigation into evidence given at the inquest into the death of Sean Rigg

Hannah — Thu, 28 Mar 2013 11:54:26 +0000

28 March 2013

Three Metropolitan Police Service officers, two serving and one retired, have been arrested following an investigation by the IPCC into the evidence given at the inquest into the death of Sean Rigg who died in Brixton Police station in August 2008.

Deborah Coles, co-director of INQUEST said:

“We are pleased due process is finally underway, after a battle by Sean Rigg’s family for truth and justice that has been ongoing for nearly five years. It should not be down to organisations like INQUEST and families themselves to hold the police to account.

“We hope that this reflects a wider move towards greater scrutiny and accountability of the police and their conduct.”

These latest arrests come on the back of arrests of police in the case of Kingsley Burrell, who also died following police restraint.

Ends

Notes to editors:

1. IPCC press releases on the arrests relating to the deaths of Sean Rigg and Kingsley Burrell are all available on the IPCC website

2. Further information on the death of Sean Rigg and the subsequent inquest jury verdict is available here

Wandsworth jail criticised over prisoner death (The Guardian)

Hannah — Tue, 26 Mar 2013 11:20:16 +0000

An inquest jury has criticised procedures and practice at the UK’s biggest jail following the death of a prisoner, jailed for stealing a gingerbread man in the 2011 riots.

…Deborah Coles, co-director of Inquest, says Best’s death was a result of “catastrophic failings across the system” and asks why a man with mental health problems should have been jailed for such a trivial offence. “There also remain serious questions about why Wandsworth, a prison that has seen a disturbing number of deaths, failed to implement basic policies and procedures designed to protect the health and safety of its detainees,” she said.

HMP Wandsworth and London Ambulance Service severely criticised by jury at inquest concerning death of James Best imprisoned for stealing a gingerbread man during the London riots

Hannah — Mon, 25 Mar 2013 12:23:50 +0000

25 March 2013

A jury has severely criticised HMP Wandsworth and the London Ambulance Service (LAS) for ‘failures within the systems and the consequent delays’ which meant not enough was done to attempt to save the life of a man detained during the 2011 Croydon riots for stealing from a bakery.

James Best, 37, was being held on remand at HMP Wandsworth when he collapsed and died of a heart attack after a gym session on 8 September 2011. At the conclusion of an inquest into his death on Friday 22 March, the coroner recorded a narrative verdict describing the shambolic response once James became ill. The jury described the timing of the call to the LAS, and the lack of priority given to the call by the LAS, as both ‘potentially contributing to’ James Best’s death.

James had a history of mental ill health and medical problems including Crohn’s disease and asthma. In accordance with prison service policy he should not have been allowed to use the gym without the approval of healthcare staff. The inquest heard evidence that the gym assessment policy had broken down, with assessment forms being signed by prisoners rather than officers and no referrals being made to healthcare.

Evidence at the inquest raised serious concerns over the efficacy of the response of healthcare staff to James Best’s needs following the heart attack. In addition there were lengthy delays with the dispatch of an emergency ambulance. The call from the prison to the London Ambulance Service lasted 13 minutes despite an officer telling the LAS that James was having difficulty breathing and repeated requests for an ambulance by the nurse attending to James. James was declared dead as the paramedics arrived.

This was James Best’s first time in prison. At the time, magistrates had been issued with advice from the courts and tribunals service to disregard normal sentencing guidelines for offences committed as part of the 2011 riots. Consequently there was a surge in the prison population, putting increased pressure on already crowded prisons.

James Best’s foster mother Dolly Daniel, who looked after him from the age of 15, said:

“He was such a loving person and our other children looked up to him as a hero. He was always looking out for friends and we just can’t believe he has gone.

“To find out that his death may have been avoided if there were proper checks on his health is so hard to take in.

“He was let down by the justice system – he should never have been in prison in the first place – and they basically ignored his health issues. I just hope that the procedures can be improved so that no one else has to suffer as we have.”

Deborah Coles, co-director of INQUEST said:

“Not only should James never have been imprisoned in the first place but there remain serious questions about why a prison like Wandsworth that has seen a disturbing number of deaths is still failing to implement basic policies and procedures designed to protect the health and safety of its detainees.

“The Prison Service needs to urgently review and act on the serious systemic failings exposed by this inquest. Whilst sentencing policy remains outside the scope of the inquest serious questions must be asked of Government as to the decision to imprison a vulnerable man for such a trivial offence. ”

Nancy Collins, representing James Best’s family, said:

“The circumstances of James’ tragic death are symptomatic of a prison service in crisis. The evidence heard at the inquest shows that James was failed by the prison staff, the prison healthcare staff and the London Ambulance Service.

“Unless urgent measures are implemented to address those failures there is a very real risk that there will be other avoidable deaths in prison custody.”

Ends

Notes to editors:

1. In 2011 inspectors at HMP Wandsworth reported that the prison, which holds over 1,500 prisoners, was branded the most “unsafe” in the country for prisoners. There were 11 deaths at the jail between January 2010 and June 2011, and last week’s inquest was the third this year.

Hands Up for INQUEST raises over £25,000 in support of INQUEST’s work

Hannah — Wed, 20 Mar 2013 16:00:26 +0000

Thursday 7 March 2013 saw the return of our fundraising dinner, Hands Up for INQUEST. As always, it was sell-out, with over 200 guests arriving at the Tabernacle in London in support of INQUEST. They were treated to music from the Jack Hurst Trio, comedy from Doc Brown, auctioneering by the indomitable Jon Snow of Channel 4 News and delicious gourmet Indian food by caterers Ragasaan.

The high point of the evening came when guests heard from Marcia and Samantha Rigg, sisters of Sean Rigg who died in police custody in Brixton in 2008. Their moving and powerful speeches can be read here. Special thanks to them to coming and speaking about their experiences.

The event was a fantastic success, raising over £25,000 towards INQUEST’S work. Particular thanks go to all those who donated raffle prizes and auction items – the auction alone raised over £5000.

Finally, our huge thanks to everyone involved in organising the event, and to everyone who came, ate, drank, bought raffle tickets, bid in the auction, and made it such a success.

Marcia and Samantha Rigg speak out at Hands Up for INQUEST

Hannah — Wed, 20 Mar 2013 15:49:39 +0000

Marcia Rigg and Samantha Rigg-David gave powerful and moving speeches at INQUEST’s recent fundraising dinner, Hands Up for INQUEST. Their brother Sean Rigg died in Brixton police station in 2008. Almost four years later, an inquest jury returned one of the most damning verdicts of recent times. INQUEST is continuing to support them in their quest for justice and accountability. Their words were as follows:

Samantha Rigg-David:

“I will never forget the night of Thursday the 21st August 2008 at around 3am in the morning, when I received distressing news, that my brother Sean had ‘died’ suddenly whilst in the hands of four Brixton police officers. It was a devastating blow to our family. The news, delivered by 2 female police women and their explanation – or lack of – that night – left us in complete shock, in pain, anger, and frustration – and completely in the dark about how Sean could come to meet his death so suddenly after being a fit and physically healthy 40 year old man.

“The only thing they got right that night was that at some point they handed me a bunch of leaflets to read – I balked at the idea of having to decipher this pile of useless material – but, when I had a moment, I shuffled through them….I came across a blue & white leaflet which caught my eye – particularly because it had large quotes from other bereaved families – one in particular from the Roger Sylvester family that read something like “If it wasn’t for INQUEST, we would have never have gotten through this process” words to that effect…

“I remember thinking, if this is true, if this is a real quote from a real family, then it was vital that we contact this so called organisation.

“YOU SEE – alarm bells started to ring – we felt suspicious – it just didn’t seem to add up or makes sense…One major alarm bell was – I understood that Sean needed to be formally identified – but those so called family liaison officers – they refused us this. They said they had no other information to give us – other than Sean had collapsed suddenly, with no warning – they said that they would drip feed information to us as the night and day went on – that never happened.

“They left our home probably around 5am – they had left us with more questions than answers….There was no way we could rest or sleep – we continued to search for answers – help from family and friends, from the internet…perhaps we needed legal advice…anything… Amongst all the calls we made early that morning I made a frantic call to INQUEST around 6am and probably left an incoherent message and some sort of cry for help on their answer machine. I explained about Sean and the leaflet the police gave us…

“We received a call back around 9am from a lady called Sian Griffiths – it was a very friendly, comforting, assuring and warm voice – she seemed to completely understand some of the turmoil we would be feeling – she explained the process clearly in bite- sized manageable chunks – She said, the FIRST THING that will now happen is that there will be an autopsy – she immediately sprang into action for us – and made phone calls to find out exactly where Sean was.

“This was the first I had heard – or registered that they would be conducting an autopsy without Sean even being formally identified. INQUEST walked us through the process for that whole weekend, I remember getting reassuring calls from Deborah Coles – It was a bank holiday weekend – she called me from home – from her mobile.

“Whenever we needed them they were always on the end of the phone – advising us, comforting us, making calls on our behalf and imparting their vast knowledge of what would happen, and what we needed to do – and all the things to watch out for – INQUEST simply never left our side, so to speak. I sincerely believe we would have never had gotten this far without them…”

Marcia Rigg:

“INQUEST was without any doubt a lifeline to my family within hours of police liaison officers coming to tell us that Sean had died in police custody, as you have just heard from my sister Samantha, and continues to be a lifeline to many other families who find themselves in the same predicament as my family.

“Lets not forget INQUEST’s brilliant and fearless legal team – Daniel Machover and Helen Stone of Hickman & Rose Solicitors, Anna Mazzola who in the early days followed-up ALL our concerns and questions, Leslie Thomas and Tom Stoate and all the team at Garden Court Chambers – all of whom have been a tower of strength as we certainly could not have come this far without them and their expertise. INQUEST and the Lawyers Group come as one package and the work they have accomplished over the years must not be underestimated. May I take this opportunity to applaud them for their unbroken support to our family, and many others.

“The Sean Rigg Justice and Change Campaign, named by our Mother, has for the last four and a half years at great personal time and expense, successfully campaigned and brought awareness to the community both politically and in the mainstream media highlighting the important issues families unnecessarily face after the sudden death of their loved one in State custody. It has not been an easy road, both emotionally and physically. Meeting other families confirmed that our views and feelings were not isolated to the Rigg family alone and we quickly learnt the systematic failures the current British legal system offers to families, which is disheartening and soul destroying.

“INQUEST facilitated with the Independent Police Complaints Commission (the IPCC) the opportunity for quite a number of families across the country to meet together and share their concerns and experiences with them in an open setting. This was vital in order for families to have a voice and for it to be recorded. INQUEST and its lawyers’ policy and parliamentary work have positively outlined the crucial flaws, which will inevitably bring equal rights and justice IF addressed by this government. I am appreciative to have had the opportunity to give evidence to the Home Affairs Select Committee’s Inquiry into the Independent Police Complaints Commission and to speak with various influential MP’s and journalists. This has given us the platform to plea our case on Sean’s behalf, and I have hope that this will make real change for others.

“INQUEST’s publications on the relevant issues of concern, its case studies and Family Support Toolkit is a vital and necessary resource as there are very few organisations, if at all, a family can turn to for help in order to understand the extensively long process that will take place, which can take years after the death and which is traumatic in itself. Certainly, to date, we cannot depend on the IPCC. Hopefully, the work by all concerned in this room will bring to the table true independence of the IPCC and force this government to uphold its obligations, by law, to this country and to the people it serves.

“For all these reasons, and more I and my family support and will continue to support the work of INQUEST. I give personal thanks to Deborah Coles, Victoria McNally, Hannah Ward, Helen Shaw and all the team at INQUEST, a very big thank you for all your positive and effective hard-work and to this end, I hold my ‘hands-up’ to you all in unity and strength.

“No Justice, No Peace.”

‘The Strange Death of Harry Stanley’ – award-winning film now online

Hannah — Wed, 20 Mar 2013 11:39:04 +0000

The award-winning short film ‘The Strange Death of Harry Stanley’ was launched online at a screening event at the Hackney Picturehouse last night.

The film depicts the final moments of Harry’s life, when he was shot in the back by police who mistook the table leg he was carrying for a gun.

No police officer has ever been held to account for his death.

The film is now available to view online for free here. Please circulate widely!

Irene Stanley, Harry Stanley’s widow who attended the launch last night said:

“Nothing can bring Harry back but this film is keeping his name alive, and exposes the lies they told about his death. I’m grateful to Jeremiah for making the film, and to INQUEST for all their support.”

Deborah Coles, co-director of INQUEST said:

“The death of Harry Stanley sent shockwaves around the country. Not only was this a shooting of an unarmed man but no one was ever held accountable for his death. This beautifully made film conveys how an ordinary family’s life was turned upside down and leaves the viewer asking the question as to how this could possibly happen. Having worked with the Stanley family in their fight for justice it is great to see that the memory of Harry will be forever remembered.”

More information can be found on the facebook page.

All photos © Marica Melotti http://maricamelotti.com with thanks

Working with children affected by the inquest system: a half day seminar for bereavement organisations

Hannah — Tue, 19 Mar 2013 17:09:15 +0000

The seminar will take place on Wednesday 24 April 2013 at Garden Court Chambers (57-60 Lincoln’s Inn Fields, London, WC2A 3LJ).

Seminar aims
To provide bereavement agencies with a greater understanding of the specific needs of children bereaved by a death in detention requiring an inquest.

Learning Objectives / Outcomes
By the end of the seminar participants will have gained an understanding of:

•   What inquests into deaths in detention involve (including official investigations)
•   How a death in detention and the inquest system can affect bereaved children
•   Children’s experiences of the inquest process based on INQUEST’s casework with families
•   How best practice initiatives from other bereavement organisations can be integrated into their own work with bereaved children

Who should attend
Staff from bereavement agencies who either work directly with bereaved children and/or those who have a responsibility for managing or co-ordinating this provision.

Seminar structure
The seminar will start at 2pm and finish by 5pm. The ½ day seminar will consist of facilitator led discussion, small group discussion and sharing of knowledge by INQUEST staff. There will be ample opportunity for participants to meet others in attendance and to share examples of good practice.

Feedback from previous seminars:

“Thank you very much for a very informative and helpful day. It has given me much food for thought on taking our service forward to help our clients”

“Really good day – very well presented with lots of useful information”

“Excellent seminar for such a complex subject matter. Extremely knowledgeable speakers”

To download a booking form please click here.

JURY CRITICISMS ON KYAL GAFFNEY DEATH AT HMP HEWELL: MISSED OPPORTUNITIES & EARLIER INTERVENTION COULD HAVE AVOIDED DEATH

Hannah — Tue, 19 Mar 2013 15:45:42 +0000

15 March 2013

On 15 March 2013, the jury sitting with HM Coroner Geraint Williams for the County of Worcestershire at Stourport on Severn returned their verdict following a five day inquest into death of Kyal Gaffney on 9 November 2011.

Kyal Gaffney was from Coventry and died from a spontaneous intracerebral haemorrhage as a result of clotting malfunction due to Acute Myeloid Leukaemia (AML) (promyclocytic variant). The jury found:

‘…It is the conclusion of the jury that, Mr Kyal John Gaffney, died at 13.20 hrs on 9 November 2011 at Alexandra Hospital, Redditch, of an intracerebral haemorrhage. It is also the conclusion of the jury that there were a number of missed opportunities for further intervention prior to 7 November 2011. The jury concludes that had further intervention occurred, then it is more likely than not, that an intracerebral haemorrhage could have been avoided.’

In July 2010, Kyal Gaffney was involved in a car accident in Leamington. He was the driver and one of his best friends died. Kyal sustained significant injuries leaving him disabled.

On 18 October 2011, Kyal Gaffney was sentenced to 21 months imprisonment having pleaded guilty to causing death by careless driving under the influence. He was immediately taken to HMP Hewell.

On 26 October 2011 Kyal tried to see a prison doctor but he was turned away as he did not have an appointment. On 31 October 2011 he saw a doctor who recorded that he had been bringing up blood for 5 days but who thought it was a chest infection. She later told the inquest that she did not consider a blood test that would have revealed the leukaemia. On 5 November 2011 Kyal saw another doctor who admitted that he did not read the earlier records and consequently did not ask about him bringing up blood, which the jury was told probably continued to occur. This doctor also failed to see extensive bruising on Kyal, and diagnosed oral thrush for what may have been the blood blisters that are common in leukaemic patients. The doctor did order blood tests, because Kyal seemed anaemic, but the tests were not ordered on an urgent basis.

When those tests were carried out on 7 November they showed that Kyal’s blood was severely abnormal. Kyal was rushed to hospital that night for treatment but very shortly thereafter he suffered the catastrophic bleed that killed him.

The jury heard that had Kyal been blood tested on 31 October, or urgently on 5 November, then he would probably have survived.

Kyal was 22 at the time of his death.

Kyal’s mother Mary Currie said:

“I wish to thank the Coroner and his staff for their compassion and fearless investigation into Kyal’s death. My unfailing legal team for their guidance, support and expertise and INQUEST, who have been a pillar of strength.

“There was a catalogue of errors at the prison not only in relation to Kyal’s medical care but his disability. The jury’s verdict confirmed what we had always known, that despite our best efforts to alert the prison to Kyal’s deterioriating health, there were missed opportunities. If there had been earlier medical intervention, it is more likely than not that Kyal would be alive today. Our family feels vindicated by the jury’s verdict but devastated that Kyal’s death could have been prevented. We felt powerless watching him decline whilst at HMP Hewell. We can only hope that lessons are learnt and no other family has to endure this heartbreak.

“Following a death in custody, there must always be an inquest. The Prison and Trust, which provides healthcare at the prison, are both legally represented at the taxpayer’s expense. Yet I struggled to obtain funding for legal representation from the Legal Services Commission (LSC). Not only did it take months for a funding decision to be made but I was asked to make a financial contribution. Legal representation should be free for all families regardless of their finanical circumstances.”

Solicitor Anna Thwaites from Hodge Jones & Allen LLP, said:

“There were missed opportunities at HMP Hewell that led to Kyal’s tragic death. This case raises serious concerns about the care Kyal and other prisoners receive within the prison system. It is hoped that lessons are learnt from Kyal’s inquest and in the future prisons respond more effectively to prisoners’ health concerns.”

Deborah Coles, co-director at INQUEST said:

“This is a tragic case which raises serious concerns about the treatment of prisoners with disabilities and ongoing concerns about the quality of prison healthcare. Recommendations for learning must be implemented as a matter of urgency, not just in this one prison but across the board.”

Kyal Gaffney’s family is represented by INQUEST Lawyers Group member Anna Thwaites from Hodge Jones & Allen LLP and Counsel Nick Armstrong from Matrix Chambers.

We need a fresh approach to youth justice (Morning Star)

Hannah — Mon, 18 Mar 2013 16:16:47 +0000

(Morning Star)

Youth crime is a massive national problem – but the conventional narrative of crime and justice gets it wrong.

…The excellent charity Inquest has presented comprehensive evidence on deaths of young people in custody, and revealed the horrifying statistic that there have been 272 deaths of young people under-21 since 1990…

Award-winning film The Strange Death of Harry Stanley to be launched online at Hackney Picturehouse, London, Tuesday 19 March

Hannah — Mon, 18 Mar 2013 13:04:25 +0000

18 March 2013

The Strange Death of Harry Stanley is a multiple-award-winning short film written and directed by Jeremiah Quinn, which will be freely available to view online from Tuesday 19 March.

A screening will take place at the Hackney Picturehouse Screen 2 at 8pm on Tuesday 19 March to mark the occasion of putting it online. This event is free.

The cast and crew of the film will attend the screening. Harry’s widow Irene Stanley, Terry Stewart of Justice for Harry Stanley and members of the organisation INQUEST who campaigned for Harry Stanley will also be present. Space has been provided in the upstairs bar at Hackney Picturehouse next to Screen 1 from 7.30pm and all are welcome in this space both before and after the screening.

On 22 September 1999, Harry Stanley, 46, walked into a Hackney pub with a table leg he had taken to his brother’s house to repair. The people in the pub thought the table leg was a sawn-off shotgun, rang the police who came and shot Harry in the back. The two policemen were acquitted and claimed that Harry had turned and raised the table leg as if to take aim at them.

Writer director Jeremiah Quinn says:

“I always felt sorry for Harry. It was all amazingly unlucky. I wanted to capture the tragedy and loss of that day, but also like so many people I was enraged at how the police got away with it. As Harry seemed to slip away into obscurity, I decided to write his story, and tell it as a film.”

Helen Shaw of INQUEST said:

“This film really brings home the humanity of Harry and the fact he was a loved member of his family. It reminds you powerfully of the human tragedy but also cleverly questions the police version of events and lets people think, ‘I need to find out more’.”

Though the project had humble, self-funded beginnings, the script attracted high quality talent in the form of Dominik Rippl the Director of Photography, and Forbes KB (Harry Brown, Game of Thrones) agreed to play Harry Stanley. Once rough-cut stage was reached, backers came out in force, with Molinare (post-production for Moon, the King’s Speech, Man on Wire) agreeing to conform and grade the pictures, and Hackenbacker (audio post-production for In Bruges, Children of Men, Shaun of the Dead) providing sound design, score and mixing under the supervision of Mr Hackenbacker himself, Nigel Heath.

Once completed, the film was premiered at the BAFTA-accredited London Short Film Festival, and went on to win Best Short Film at the Milan International Film Festival and Best British Film at Super Shorts. It was nominated for several other awards and Longlisted for BAFTA Best Short Film.

Ends

Notes to editor:

For further information please see the film’s Facebook page

Inquest to open into death of prisoner convicted of stealing gingerbread man (The Guardian)

Hannah — Mon, 18 Mar 2013 12:13:20 +0000

The inquest into the death in prison of a man convicted of stealing a gingerbread man during the riots in 2011 opens in London on Monday. James Best, 37, had a history of mental illness and physical problems, which his foster family say were not addressed by the prison.

…Victoria McNally, a case worker for the campaigning charity Inquest, describes Best as a highly vulnerable man whose “death was a tragic end to a troubling sequence of events. We hope that this inquest will examine whether the procedures and safeguards designed to protect prisoners were properly followed.”

MPs alarmed at rising use of force to restrain young offenders in detention (The Guardian)

Hannah — Thu, 14 Mar 2013 16:13:06 +0000

(Children & Young People Now)

MPs have raised serious concerns about the rising use of force to restrain young offenders in detention last year.

…Deborah Coles of Inquest, which provides advice and support to the bereaved in such cases, said: “What more compelling evidence does the government need to propel it into decisive action than the deaths of 67 young people in penal custody in the last 10 years.

“We repeat our call for an independent inquiry to learn from the failures across the youth justice and welfare systems that cost these vulnerable young people their lives.”

INQUEST response to Justice Committee report of its inquiry into youth justice

Hannah — Wed, 13 Mar 2013 23:10:45 +0000

Thursday 14 March 2012

The parliamentary Justice Committee has published its report of a year long inquiry into youth justice. The Committee found that there were ‘three very serious issues in the custodial estate that require action’:

‘First, it is imperative to draw together and act upon lessons arising from the deaths of vulnerable young people in custody.

‘Secondly, we are concerned that the use of restraint, which has been linked to at least one of these deaths, rose considerably last year and press for a fundamental cultural shift across the secure estate.

‘Thirdly, we recommend more and better co-ordinated support for looked after children and care leavers in custody, who are all too often abandoned by children’s and social services.’

INQUEST gave both written and oral evidence to the Committee.

Deborah Coles, co-director of INQUEST said:

“Many of the issues of concern highlighted in this report are raised time and again at inquests into the deaths of vulnerable young people. As the Committee has recognised, failings in the system of looked after children, high levels of restraint, self harm and ultimately death are persistent features of the current youth justice system.

“We welcome this report and its recognition of the imperative need for effective learning and action from the deaths of young people in custody. The current investigation and inquest process is failing to ensure the scrutiny and accountability needed.

“What more compelling evidence does the Government need to propel it into decisive action than the deaths of 67 young people in penal custody in the last ten years. We repeat our call for an independent inquiry to learn from the failures across the youth justice and welfare systems that cost these vulnerable young people their lives.”

Ends

Notes to Editors:

The Justice Committee will formally launch its report on the floor of the House at the start of backbench business time on Thursday 14 March. Further information here

INQUEST’S evidence to the Justice Committee inquiry into youth justice can be accessed here

The Committee’s report references ‘Fatally Flawed: Has the state learned lessons from the deaths of children and young people in custody’, an evidence based report by INQUEST and commissioned by the Prison Reform Trust. It was published in October 2012. For a summary of the findings please see INQUEST’s press release. The full report can be accessed here

INQUEST’s book on child deaths in penal custody ‘In the care of the State’, published in 2005, is also available on our website

INQUEST INTO THE DEATH OF KYAL GAFFNEY IN PRISON IN HMP HEWELL BEGINS MONDAY 11 MARCH

Hannah — Thu, 07 Mar 2013 14:32:19 +0000

INQUEST INTO THE DEATH OF KYAL GAFFNEY AT ALEXANDRA HOSPITAL REDDITCH ON 9 NOVEMBER 2011 BEGINS

10.00am Monday 11 March 2013

Sitting before HM Coroner for the County of Worcestershire, Mr G U Williams at HM Coroner’s Court, Bewdley Road, Stourport on Severn, DY13 8XE

The inquest into the death of 22 year old Kyal Gaffney from Coventry opens on Monday 11 March 2011. It is expected to last five days.

In July 2010, Kyal Gaffney was involved in a car accident, which led to the death of one of his best friends. Kyal was driving and sustained significant injuries that left him disabled.

On 18 October 2011, Kyal Gaffney was sentenced to 21 months imprisonment after pleading guilty to causing death by careless driving whilst under the influence. Upon sentence, he was taken immediately to HMP Hewell.

Shortly after imprisonment, Kyal Gaffney reported feeling unwell. He started bringing up blood, suffered from fatigue and had unexplained bruising and unusual markings on his tongue amongst other symptoms. He was seen by two different prison doctors on 31 October 2011 and 5 November 2011.

On 7 November 2011, non urgent blood samples were taken at the prison and sent to the Alexandra Hospital for testing. They revealed that Kyal Gaffney had Acute Myeloid Leukaemia (AML).

Kyal started deteriorating during the evening of 7 November 2011. He was vomiting and had a severe headache. He was taken to hospital via ambulance from the prison.

He later died on the 9 November 2011 at the Alexandra Hospital after suffering from a spontaneous intracerebral haemorrhage to the brain; this is a complication associated with AML.

The family has significant concerns about the healthcare that Kyal received in prison, whether his health complaints were taken seriously and acted upon at the appropriate time.

Deborah Coles, INQUEST co-director said:

“This case raises significant concerns about the quality of healthcare provided to prisoners and must be properly scrutinised.”

The family is represented by INQUEST Lawyer Group member Anna Thwaites and Counsel Nick Armstrong at Matrix Chambers.

YOIs miss suicide warning signs, finds ombudsman (Children & Young People Now)

Hannah — Thu, 07 Mar 2013 11:03:12 +0000

Decisions on where to place vulnerable young offenders and the level of support they receive in custody have come in for criticism following investigations into the deaths of three under-18s in youth jails.

…Deborah Coles, co-director of the prison deaths charity Inquest, called for a wide-ranging inquiry to explore the issues raised.

“There is an urgent need to learn from the failings that cost all these children their lives,” she said.

“The government needs to act. An independent, holistic inquiry, where these issues are examined in the context of the entire system of detention for children, is long overdue. It’s time to break the cycle of harm and death.”

INQUEST February e-newsletter is now online

Hannah — Wed, 06 Mar 2013 17:52:41 +0000

INQUEST February e-newsletter is now online [more...]

Failings in care of three children who died in custody, finds ombudsman (Community Care)

Hannah — Wed, 06 Mar 2013 16:06:37 +0000

(Community Care)

Youth offending teams and prison staff failed to appropriately safeguard and support three vulnerable boys who took their own lives in custody, the prisons ombudsman has found.

…Deborah Coles, co-director of Inquest, said the failings were a “depressingly familiar” feature of previous deaths. “There is an urgent need to learn from the failings that cost all these children their lives. An independent, holistic inquiry, where these issues are examined in the context of the entire system of detention for children, is long overdue,” she said.

Death Of Children In Custody Prompts Calls For Action (The Huffington Post)

Hannah — Wed, 06 Mar 2013 15:59:42 +0000

(The Huffington Post)

Campaigners have called for urgent action in the wake of a report into the deaths of three children who apparently took their own lives while in custody.

…Deborah Coles, co-director of campaign group INQUEST, said: “There have been 34 deaths of children in prison custody since 1990. We have helped many of their families through inquest after inquest raising the same issues and, despite promises of change, the deaths continue. It’s time to break the cycle of harm and death.”

Call for enquiry after teenagers’ custody deaths (BBC News)

Hannah — Wed, 06 Mar 2013 14:41:02 +0000

(BBC News)

Campaigners are calling for an independent inquiry into the detention of young people following a report into the deaths of three teenagers.

…Deborah Coles, of campaign group Inquest, said: “Sadly the issues raised are not unique and are a depressingly familiar feature of previous deaths. There have been 34 deaths of children in prison custody since 1990.

“An independent, holistic inquiry, where these issues are examined in the context of the entire system of detention for children, is long overdue. It’s time to break the cycle of harm and death.”

Letter: Strip-searches and human rights (The Guardian)

Hannah — Wed, 06 Mar 2013 08:12:06 +0000

Fatally Flawed: Our report into the deaths of children and young people in custody
INQUEST’s submission to the Justice Committee Inquiry into Youth Justice
In the Care of the State

That some of society’s most vulnerable children are subjected to routine strip-searching is deeply shocking and requires urgent action. In any other setting such treatment would be viewed as child abuse. The automatic strip-searching of women prisoners ended in April 2009 following the review by Baroness Corston, who described strip-searching as “humiliating, degrading and undignified”. We know from our work with children in custody and their families that such treatment contributes to distress and self-harm, and the risk of suicide. We call upon ministers to amend the rules governing secure establishments to prescribe the extremely limited circumstances in which it would ever be permissible to make children in institutions remove their clothes and underwear.

Deborah Coles Co-director, Inquest, Frances Crook Chief executive, Howard League for Penal Reform, Shauneen Lambe Executive director, Just for Kids Law, Juliet Lyon Director, Prison Reform Trust, Paola Uccellari Director, Children’s Rights Alliance for England, Carolyne Willow Children’s rights campaigner, Dr Hilary Emery Chief executive, National Children’s Bureau, Matthew Reed Chief executive, The Children’s Society

INQUEST response to the Prison and Probation Ombudsman’s ‘Learning the Lessons’ bulletin on child deaths in custody

Hannah — Tue, 05 Mar 2013 23:10:58 +0000

6 March 2013

Today the Prisons and Probation Ombudsman publishes a ‘Learning the Lessons’ bulletin on child deaths. It examines the underlying circumstances and background to the three self-inflicted deaths of children in 2011 and 2012. In the bulletin, the Ombudsman expresses his hope that “lessons are learned”.

Deborah Coles, co-director of INQUEST said:

“We welcome this bulletin but sadly the issues it raises are not unique and are a depressingly familiar feature of previous deaths.

“There have been 34 deaths of children in prison custody since 1990. We have helped many of their families through inquest after inquest raising the same issues and, despite promises of change, the deaths continue.

“There is an urgent need to learn from the failings that cost all these children their lives. The government needs to act. An independent, holistic inquiry, where these issues are examined in the context of the entire system of detention for children, is long overdue. It’s time to break the cycle of harm and death.”

Ends

Notes to Editors:

INQUEST is working with the families and legal teams of all three of the children whose deaths are examined in the PPO Bulletin. The inquests into the three deaths have not yet taken place.

The bulletin is available on the PPO website

‘Fatally Flawed: Has the state learned lessons from the deaths of children and young people in custody’, an evidence based report by INQUEST was commissioned by the Prison Reform Trust. It was published in October 2012. For a summary of the findings please see INQUEST’s press release. The full report can be accessed here

INQUEST’s book on child deaths in penal custody ‘In the care of the State’, published in 2005, is also available here

Family say fresh inquest into death of tenants leader ‘has given our dad the respect he deserves’ (Camden New Journal)

Hannah — Thu, 28 Feb 2013 15:42:19 +0000

(Camden New Journal)

Relatives of a health campaigner say they are furious that a second inquest into his death needed to be held because the first coroner was unqualified.

…Helen Shaw, co-director of charity Inquest, said reform of coroner’s courts was long overdue.

“Every year tens of thousands of bereaved families are enduring lengthy delays and an archaic, unaccountable system lacking proper national standards and administrative oversight,” she added.

“The appointment of the Chief Coroner last year and the changes that will be made this year will hopefully go some way to addressing these issues.”

The devastating consequences of treating 17 year olds in police custody as adults

Hannah — Wed, 27 Feb 2013 15:53:16 +0000

INQUEST has raised concerns about a legal anomaly which treats 17 year olds in police custody as adults rather than children. This means that their parents are not informed they are in custody and they are not entitled to have the support of a family member or an ‘appropriate adult’ with them during police questioning. Recent deaths of 17 year olds following police custody illustrate the devastating consequences of treating children in such a vulnerable situation as adults.

In February, INQUEST, together with Just for Kids Law, made written submissions to the coroner conducting the inquest into the death of 17 year old Edward Thornber. He was questioned by the police about the possession of a small amount of cannabis worth 50p and was advised that he would receive a Final Warning but face no action. As he was 17 years old, his parents were not informed he had been in police custody. After he returned home a series of procedural errors meant that he was summonsed to appear before a criminal court. The day after receiving the summons from a police officer, Edward Thornber disappeared from his family home. The following day, 15th September 2011, he was found hanging in a nearby wood having left a note expressing his apologies.

Our submissions drew the coroner’s attention to the contextual background, including other cases involving the deaths of 17 year olds. INQUEST and Just for Kids Law’s experience is that there is lack of understanding amongst the police of the particular vulnerabilities of 17 year olds who come into contact with the criminal justice system. At the conclusion of the inquest hearing, the coroner used his powers under Rule 43 of the Coroners (Amendment) Rules 2008, to write to the Association of Chief Police Officers suggesting they review whether or not 17 year olds should, on a non-statutory national basis, have their parents or guardians notified of their arrest and/or attendance as voluntary attenders. ACPO’s response to the coroner’s recommendation acknowledges that the current law is “incongruous” and said they would support a change in legislation to ensure 17 year olds in police custody are treated as children.

One of the cases drawn to the coroner’s attention was that of 17 year old Joe Lawton. In August 2012, Joe Lawton also took his own life shortly after he returned home following his arrest and interview on charges of drink-driving by Greater Manchester Police. His parents were not told he had been detained and were not aware he had been charged. His parents have said “what happened to Joe shows how serious it is that 17 year olds in custody are not supported. When Joe killed himself, he put the charge sheet at his feet”.

In March, the Lawton and Thornber families delivered a petition signed by over 57,000 people and organisations, including INQUEST, to the Government asking them to change the law.

In April, the High Court gave a landmark ruling in a judicial review challenge brought by Just for Kids Law. The High Court backed the charity’s arguments and held that the Home Secretary’s failure to amend the law was in breach of her obligations under the Human Rights Act. The ruling noted that the government has the power to amend the legal framework that treats 17 year olds in police custody as adults but that, despite the urging of national and international experts such as the UN Committee on the Rights of the Child, UNICEF, the Children’s Commissioner, HM Inspectorate of Prisons and HM Inspectorate of Constabulary, the Home Secretary had chosen not to do so.
INQUEST welcomed the judgment in this important case and, as part of our ongoing work on the deaths of children in custody, will be raising the issues arising with Ministers, policy-makers and parliamentarians to ensure that the law is finally amended.

Edward Thornber’s inquest took place on Friday 25th February before Nigel Meadows, HM Coroner for Greater Manchester. Edward Thornber’s family was represented by INQUEST Lawyers’ Group members Chris Williams of Tooks Court Chambers and Kim Harrison of Pannone LLP.
Joseph Lawton’s inquest has yet to take place. His parents are represented by Mark Lees of Beesley & Company Solicitors. His parents have spoken to The Guardian newspaper
Further details of the judicial review brought by Just for Kids Law and INQUEST Lawyers’ Group member, Caoilfhionn Gallagher of Doughty Street Chambers can be accessed here.

For more information on INQUEST’s work on the deaths of children in custody go to:

INQUEST and Doughty Street Chambers announce one day conference on deaths in custody 25 March 2013

Hannah — Fri, 22 Feb 2013 11:45:50 +0000

INQUEST is seeking a Communications and Information Intern

Hannah — Wed, 20 Feb 2013 15:40:53 +0000

Are you passionate about truth and justice? Would you like to volunteer for a high profile advice and campaigning charity?

INQUEST has an exciting opening for a Communications and Information Intern to work three days a week on a voluntary basis for 3-6 months to support our media, communications, information and campaigns work.

You will gain experience of:

Press and media for a high profile issue
Policy and politics of deaths in state custody
Political and charity campaigning
Database and statistical management
Web and online communication
Publication production
Fundraising

We cover the cost of lunch and travel expenses. You will be supported and managed by the Communications and Information Manager and work as part of a small team of nine full and part time staff.

To apply, please email communications@inquest.org.uk with your CV and a covering letter of no more than two sides of A4 outlining why you would like to come and work for INQUEST and what skills and experience you could bring to the role.

The closing date for applications is Thursday 28 February. We expect to interview potential candidates in the week beginning 4 March, with a view to the internship commencing the following week (11 March).

A full task description is available to download here:

Communications and Information Intern task description (PDF, 65KB)

Trauma of autistic boy shackled by police (The Guardian)

Hannah — Mon, 18 Feb 2013 09:34:42 +0000

The father of an epileptic autistic boy is leading calls for the police to overhaul their treatment of vulnerable people after a judge issued withering criticism of the brutal manner in which his son was restrained when he refused to leave a swimming pool.

… The issue of police restraint, according to the charity, Inquest, has figured in at least 10 deaths of vulnerable individuals in recent years…

Youth justice system is ‘failing vulnerable young offenders’ (The Guardian)

Hannah — Wed, 06 Feb 2013 08:23:24 +0000

Vulnerable young offenders are at risk of serious and long-term problems because the youth justice system is failing to support their needs, according to child welfare charities and campaign groups.

…Growing concerns about the vulnerability of young offenders were raised in a landmark report, called Fatally Flawed, in October from the PRT and the charity Inquest on the deaths of young people in custody.

MPs slam ‘woeful’ watchdog for failure on police corruption (The Independent)

Hannah — Fri, 01 Feb 2013 12:15:58 +0000

(The Independent)

The inquiry highlighted claims that the IPCC failed to locate evidence and uncritically accepted police explanations for missing evidence, lacked the skills and experience of qualified lawyers and prosecutors, and was too slow in responding to complaints and conducting investigations.

The IPCC has been criticised by campaigners including Doreen Lawrence, the mother of the murdered black teenager Stephen Lawrence, who said she had “no confidence whatsoever” in it. The organisation has faced calls for it to be scrapped, but the MPs said it should instead be given more money and greater powers to investigate other agencies.

Deborah Coles, co-director of Inquest which works with families of those who have died in custody, said: “The IPCC systematically fails to hold the police to account for wrongdoing.”

Report highlights police watchdog failures (The Voice)

Hannah — Fri, 01 Feb 2013 12:07:17 +0000

(The Voice)

Deborah Coles, co-director of campaign group INQUEST, added: “We welcome this timely report and the Committee’s findings that reflect many of our concerns and those of bereaved families.

“The report sends a final warning to the IPCC about the urgent need for fundamental change in its culture and approach.”

Coles said the IPCC “systematically fails to hold the police to account for wrongdoing and, as the Committee acknowledged, there is no statutory requirement for police forces to implement IPCC recommendations anyway.

“The importance of robust oversight of policing cannot be underestimated. It is alarming how many people die in police custody in tragically similar circumstances. Until we have robust independent investigations that are capable of holding police to account and ensuring learning is implemented people will continue to die.”

MPs demand new powers to overhaul police watchdog (Morning Star)

Hannah — Fri, 01 Feb 2013 12:04:39 +0000

(Morning Star Online)

There have long been concerns that the IPCC lacks the requisite impartiality and campaigners have claimed it is too close to the forces it is charged with investigating.

Campaign group Inquest welcomed the committee’s findings. Co-director Deborah Coles said: “The importance of robust oversight of policing cannot be underestimated. It is alarming how many people die in police custody in tragically similar circumstances.

“Until we have robust independent investigations that are capable of holding police to account and ensuring learning is implemented people will continue to die.”

INQUEST RESPONSE TO PUBLICATION OF HOME AFFAIRS COMMITTEE INQUIRY REPORT INTO THE IPCC

Hannah — Thu, 31 Jan 2013 23:10:09 +0000

1 February 2013

The Home Affairs Committee has published the report of its inquiry into the Independent Police Complains Commission (IPCC). INQUEST submitted written evidence to the Committee and its co-director Deborah Coles gave oral evidence to the Committee in October 2012 alongside Marcia Rigg.

In response to the report, Deborah Coles, co-director of INQUEST said:

“We welcome this timely report and the Committee’s findings that reflect many of our concerns and those of bereaved families.

“The report sends a final warning to the IPCC about the urgent need for fundamental change in its culture and approach.

“The IPCC systematically fails to hold the police to account for wrongdoing and, as the Committee acknowledged, there is no statutory requirement for police forces to implement IPCC recommendations anyway.

Marcia Rigg, sister of Sean Rigg who died in police custody in 2008, said:

“Our work seeking justice for Sean feels like it has not been in vain and this report shows the urgent need for change and reform so that other families are not failed by the IPCC in the way that we have been. We hope this report breaks the camel’s back.”

INQUEST’s evidence outlined several issues that have arisen from INQUEST’s casework with the families of those who have died in police custody or following police contact, including:

Failure to treat deaths in custody as potential crimes
Failure to interview police officers
Poor quality instructions to experts
Problems with families’ access to information and disclosure
Poor treatment and communication with bereaved families
IPCC media handling and announcements
Delays to inquests resulting from time taken to complete investigations
The disproportionate number of deaths in police custody of people from black and minority ethnic (BAME) communities

Ends

Notes to editors:

1.The full report is available from the Home Affairs Committee website here

2. The IPCC is currently conducting a review of its handling of investigations into deaths following police contact. INQUEST is making a detailed submission which will be published on our website in due course.

HANDS UP FOR INQUEST 2013 – featuring special guest comedian Doc Brown

Hannah — Thu, 31 Jan 2013 11:35:06 +0000

An evening of comedy, entertainment and a three-course gourmet Indian meal

With compère and auctioneer Jon Snow and special guest comedian Doc Brown.

6.30pm, Thursday 7 March 2013 at The Tabernacle, London W11

INQUEST’s fourth annual fundraising dinner Hands Up For INQUEST 2013 will take place on Thursday 7 March 2013 at The Tabernacle in Notting Hill, West London.

As well as being an opportunity for great fun, socialising and entertainment, funds raised from Hands Up play a vital part in sustaining INQUEST’s work supporting bereaved families through the inquest process, financial support that is needed more than ever in these difficult times. Last year’s dinner raised over £17,000 to support our work.

Tickets include a glass of fizz on arrival and a gourmet Indian meal. There will be a special guest performance from ‘comedian, rapper, and bloody good entertainer’ Doc Brown, a celebrity auction, and a host of raffle prizes. We look forward to your company at what promises to be a entertaining evening of fine food and laughter in support of INQUEST.

Tickets (all proceeds go to INQUEST) and include 3 course Indian dinner and welcome drink:

£1500 per table of 10 ( sponsors rate) or £150 per individual seat (sponsors rate)

£1000 per table of 10 (standard rate) or £100 per individual seat (standard rate)

Download a booking form here. Sponsors will be listed and thanked in the commemorative programme and on the INQUEST website.

Mark Duggan’s mother leaves court on hearing death details (The Voice)

Hannah — Tue, 29 Jan 2013 12:04:13 +0000

(The Voice)

The inquest into Duggan’s death has been previously delayed on numerous occasions. The latest delay came Friday (Jan 25) when it was announced that the full inquest would not go ahead today (Jan 28) as expected.

Campaign organisation INQUEST had expressed disappointment.

Deborah Coles, INQUEST’s co-director, said: “Let us not forget there’s a bereaved family waiting for answers, alongside the wider community, about why Mark Duggan was shot dead by police officers.

“While there are legal complexities surrounding sensitive material, it is absolutely vital a solution is found quickly so that the family can get answers to their questions and there can be a thorough public examination into the circumstances surrounding this death.”

INQUEST responds to government consultation on Judicial Review

admin — Mon, 28 Jan 2013 13:42:21 +0000

INQUEST has submitted a written response to the Ministry of Justice’s consultation on reforming the judicial review process.

The response draws attention to the recent parliamentary discussions about abolishing provisions for a new coroners’ appeals system, where the government assured MPs and Peers that bereaved families would still be able to bring judicial review claims to challenge unlawful decision-making by coroners. INQUEST is concerned that, if implemented, the government’s current proposals would make it even more difficult for bereaved families to seek recourse via what is already a difficult process. As judicial reviews involving inquest law frequently raise questions about fundamental rights such as article 2 of the European Convention on Human Rights, we urged the government to think again.

INQUEST’s full response can be found here:

INQUEST response to Judicial Review: proposals for reform CP25/2012 (January 2013) (PDF, 61KB)

MARK DUGGAN DEATH: PRE-INQUEST REVIEW TO TAKE PLACE MONDAY 28 JANUARY

admin — Fri, 25 Jan 2013 16:27:53 +0000

25 JANUARY 2013

FULL HEARING POSTPONED BECAUSE OF ISSUES ABOUT SENSITIVE MATERIAL

2pm Monday 28 January 2013

Before His Honour Judge Cutler
HM Coroner’s Court,
29 Wood Street, Barnet, EN5 4BE

The adjourned hearing of inquest of Mark Duggan was due to commence on Monday 28 January 2013 but unfortunately the family has been informed that the full hearing will not take place on Monday but will be adjourned to a future date to be fixed.

HM Coroner Andrew Walker has appointed His Honour Judge Cutler to be his deputy. The reason for the appointment is apparently because of sensitive and potentially secret material which the Coroner is prevented from seeing. The same restrictions do not apply to a Crown Court judge but they do to the family, their legal team and the wider public.

INQUEST, the family and their legal team are deeply disappointed with the adjournment since these problems were anticipated over a year ago and the family predicted and raised these concerns at several of the previous pre inquest hearings. It is now hoped that a date will be set as quickly as possible and that this inquest will resume with a jury so that the full circumstances into Mark’s death can be fully explored.

Deborah Coles, Co-Director of INQUEST said:

“Failure to hold a prompt inquest will only lead to more distrust of the investigation process, more pain for the family and the ever present risk that the same thing could happen again.

“Let us not forget there’s a bereaved family waiting for answers, alongside the wider community, about why Mark Duggan was shot dead by police officers.

Marcia Willis Stewart, solicitor for the family said:

“Delay in justice invariably leads to justice waylaid.”

INQUEST has been working with the family of Mark Duggan since his death in August 2011. The family is represented at the hearing by INQUEST Lawyers Group members Marcia Willis Stewart from Birnberg Peirce solicitors and barristers Mike Mansfield QC, Leslie Thomas and Adam Straw.

Belated New Year greetings from INQUEST

Hannah — Thu, 17 Jan 2013 16:32:09 +0000

Belated New Year Greetings from INQUEST

Over the holiday period our patron, Benjamin Zephaniah, guest edited BBC Radio 4’s Today programme. You may have missed it as it was on New Year’s Eve.

In a refreshingly different programme normally unheard voices of families of people who had died following police contact made it onto the air talking about their experiences. As we are working with all of these families the programme also included an interview with our co-director, Deborah Coles, talking about our concerns about deaths of people with mental health problems involving the police – a worryingly frequent and increasing theme in our caseload.

In case you didn’t hear the programme you can listen again here: http://bbc.in/ZOtkw1 and there is a full article about the issues raised in the programme here: http://bbc.in/130j5Tn

The importance of INQUEST’s work was also highlighted by Benjamin when he did our BBC Radio 4 Appeal in which you can listen again to here http://bbc.in/sHEEIb

As 2013 brings new challenges and we continue our vital work we are holding our annual fundraising dinner Hands Up for INQUEST at the Tabernacle in West London on 7^th March. You can buy tickets here http://bit.ly/ZCdNhY or if you can’t come and want to support our work please make a monthly (or one off donation) here http://bit.ly/UNoQOO

Best wishes for 2013 from all at INQUEST.

Hillsborough inquiry is a huge challenge, says IPCC chair (The Guardian)

Hannah — Tue, 01 Jan 2013 19:05:59 +0000

(Today Programme BBC Radio 4)

The criminal inquiry into the cover-up over the Hillsborough stadium disaster is the greatest challenge ever faced by the Independent Police Complaints Commission, Dame Anne Owers, its chairwoman has said.

She admitted that the challenge to the IPCC came at a time when questions about its competence had been raised by a number of different people. The family of Sean Rigg, a 40-year-old who died at Brixton police station in south London in 2008, have attacked the IPCC for its “inadequate and obstructive” investigation into his death after an inquest jury found officers had used unsuitable force on him during an unnecessarily long restraint. Owers has since asked for an independent review of the IPCC’s work on the case.

“Yes there are cases where people haven’t been satisfied with our investigations,” Owers said. “We have got to be concerned about the cases that families feel have gone wrong, we have got to respond to that.

“We are doing a review of the way that we deal with cases of death in custody. We are going out and talking to families about their experiences and about what they think could have been done differently. We are talking to lawyers who have made criticisms and to external groups like Inquest. We are looking at to what extent it is about the powers and resources we have got and to what extent it is about the fact that we need to look at things differently in some cases.”

Deaths in police custody have ‘got to stop’ (Today Programme, BBC Radio 4)

Hannah — Mon, 31 Dec 2012 11:15:40 +0000

In September 2003 Mikey Powell, a 38-year-old father of three children, was arrested by the police following a disturbance outside his home west of Birmingham.

Following his death in police custody, an inquest jury found that he had died as a result of the way officers had restrained him while in their care.

“It’s really disturbing that these sorts of things can be allowed to happen… Unless you’re involved personally you don’t realise what’s happening,” grieving parent Mrs Lewis told the Today programme’s Andrew Hosken. “It’s got to stop.”

“In the last 30 years there has never been a successful prosecution of a police officer, despite the fact that at 11 inquests into these deaths, inquest juries have returned verdicts of unlawful killing,” warned INQUEST’s Deborah Coles.

“They believed that there had been an issue about manslaughter.”

Seasons greetings from all at INQUEST

Hannah — Thu, 20 Dec 2012 16:59:16 +0000

20 December 2012

To all our supporters

With the festive season upon us, we write sending seasons greetings and to thank you all for your unwavering support throughout 2012.

It has been another challenging year for our small team. It began with the two shocking deaths of children in prison in January. We have been working with both families through this extraordinarily sad time, supporting them through the complex and difficult legal process as they begin their journey for truth and justice. We have also continued to work for a fundamental change in the treatment of children and young people in conflict with the law, starting with an urgently-needed holistic inquiry. As part of our work in this area, we published a widely acclaimed joint report with the Prison Reform Trust ‘Fatally Flawed’ on the deaths of children in prison in October, the culmination of two years’ research. We would like to offer our deep thanks to all the families who helped us put the report together and for speaking out about their experiences.

In September we also published another widely praised report: ‘Learning from Death in Custody Inquests’, calling for a new national framework to ensure the findings of inquests into deaths involving public authorities lead to real and tangible change. No such mechanism currently exists. It remains a priority for us that the state is able to learn from deaths in its care and act to prevent future deaths. The report was heralded by many leading figures, including the Chief Coroner, who pledged to consider its findings and recommendations in detail. Since publication we have been following up the recommendations with a range of inspection, regulation and investigation bodies and this will be a theme of work in 2013.

The appointment of the Chief Coroner was a huge milestone in INQUEST’s campaigning work. Having battled so hard to create and then retain the post during 2011, it was good to finally welcome His Honour Judge Peter Thornton QC to the role in September. We look forward to working with him further in 2013 and monitoring the implementation of the Coroners and Justice Act.

The successful removal of inquests from the Justice and Security Bill, that seeks to introduce secret legal proceedings, was another key achievement. To our dismay, inquests were included in proposals first advanced at the end of 2011. By the time the draft Bill was published in May, we had successfully argued that inquests must remain fully open and transparent, and the original proposals about inquests were withdrawn.

The importance of an open, transparent and robust inquest process was highlighted throughout 2012. We have been awed many times over by the resilience of families who we have worked with, not to mention the dedication of the members of our INQUEST Lawyers Group, to highlight numerous failings by police, prisons and psychiatric institutions. INQUEST has supported over 60 families through inquests in 2012. In addition, our casework team has opened 443 new cases in 2012, of which 149 were deaths in custody requiring our detailed specialist casework service.

We have continued to use every avenue possible to highlight the policy issues arising from these deaths. In 2012, we submitted evidence to seven separate inquiries, drafted briefings for MPs, gave oral evidence to parliamentary committees on three separate occasions, met with ministers and officials, and we continue to be represented on the cross departmental Ministerial Board on Deaths in Custody and Independent Advisory Panel on Deaths in Custody. We have also given evidence to two international human rights committees. Wherever we can, we have ensured bereaved families have been able to use the opportunity to speak out alongside us, and where that has not been possible their voices have been heard through the retelling of their experiences in reports and submissions.

2012 has been a particularly successful year in respect of our media profile. As well as newspapers and online this has included many appearances across national and regional television and radio, including several on the highly influential Today Programme on BBC Radio 4.

Towards the end of the year we have been contributing our expertise to discussions with leading members of our lawyers group involved with the work arising from the Hillsborough panel report. In recognition of INQUEST’s experience and breadth of knowledge we have begun to provide advice and support to bereaved families at the request of the Hillsborough Panel and the Attorney General’s office. In just over a week we have been contacted by 12 families seeking advice about the Attorney General’s successful application in the High Court to quash the original inquests and about any new inquests that may be held. INQUEST attended the hearing where a powerful judgment was delivered. Working with members of the INQUEST Lawyers Group we will ensure that those who want to be represented at the inquests will have access to high quality legal advice and information and support from our specialist casework team. This ongoing support is vital given the long battle families have had for truth, accountability and justice and because of what we know about the particular emotional toll such a long struggle can have on people who have been traumatically bereaved.

None of this could have been achieved without your support. These are tough times and our small charity is particularly vulnerable to the financial difficulties affecting us all.

Listen out on the morning of 31 December, New Year’s Eve, to poet Benjamin Zephaniah who is guest editing the Today programme on BBC Radio 4. As our long standing patron he will feature the stories of some of the families INQUEST is currently working with as they struggle to find out the truth about their relatives’ death in custody. At this reflective time of year this is an important reminder of the vital work INQUEST does year in year out and why it is so crucial that you encourage everyone you know to become a supporter.

Please do continue to give generously – either through our justgiving page or via our website.

Thank you.

Deborah Coles, Helen Shaw and the team at INQUEST

This letter is also available for download: December 2012: INQUEST e-newsletter issue 18

The Met police denied Azelle Rodney the right to surrender – Helen Shaw writes for the Guardian’s Comment Is Free

Hannah — Mon, 17 Dec 2012 14:03:47 +0000

Helen Shaw, INQUEST co-director writes about the conclusion of the Azelle Rodney inquiry.

She said “The inquiry into the fatal shooting of Azelle Rodney has echoes of what we know about the death of Mark Duggan”

Azelle Rodney Inquiry ends with closing speeches on Monday, 17 December

Hannah — Thu, 13 Dec 2012 17:25:25 +0000

Thursday 13 December 2012

9.30am on Monday 17 December

Court 80, Principal Registry of the Family Division, First Avenue House, 42-49 High Holborn, London, WC1V 6NP

Inquiry Chair: Sir Christopher Holland

The hearings at the inquiry into the death of Azelle Rodney are due to conclude on Monday 17 December, with all parties giving speeches on their closing submissions.

Azelle Rodney, a 24 year old black man, died on 30 April 2005 after a police operation in north London in which he was shot six times by a Metropolitan Police Service (MPS) officer. Two other shots were fired which missed Azelle Rodney, with one bullet not being accounted for. The shooting took place after the car he was in was brought to a halt in a ‘hard stop’ in Edgware, north London, having been under police surveillance for several hours. Seven civilians, including two children, were walking or standing on the pavement next to where the police killed Azelle Rodney.

Two men were later convicted of firearms offences, but there was no evidence that Mr Rodney was holding a weapon at the time of the shooting. Despite this, the MPS put out a press release that suggested that Azelle was holding a gun when he was killed. The legal team of Susan Alexander, the mother of Azelle Rodney, will ask the Chairman to find that the planning and control of the police operation on 30 April 2005 and the shooting itself constitute a breach of the duty of the state under article 2 ECHR to protect the right to life of all its citizens, including when they are suspected criminals.

The closing speech of Leslie Thomas, counsel for the family of Azelle Rodney, will be made available to press at the court following delivery on Monday 17 December. Mr Thomas is expected to be the last to speak, probably after the lunch break. Susan Alexander, her legal team and INQUEST will be available for comment at the end of the hearing.

Susan Alexander said:

“This has been a long and difficult process, but I am glad that there has finally been some public scrutiny of the circumstances in which my son was killed. In the new year I would like to see the Chairman make the strongest possible findings when he delivers his report, given the damning evidence and expert opinion that has been heard during the course of the inquiry.”

Susan Alexander is represented by INQUEST Lawyers Group members Daniel Machover, partner, and Helen Stone, assistant solicitor, both at Hickman and Rose Solicitors and Leslie Thomas, barrister, Garden Court Chambers and Adam Straw, barrister, Tooks Court Chambers.

Ends

Notes to editor:

1.The final written submissions will be published in full tomorrow morning, Friday 14 December, on the Azelle Rodney Inquiry website: http://azellerodneyinquiry.independent.gov.uk/index.htm.

2.A full briefing on Azelle Rodney’s case is available here: http://www.inquest.org.uk/publications/briefings-2/case-briefings

World Human Rights Day: 72 civil society groups including INQUEST urge government to keep the Human Rights Act

Hannah — Mon, 10 Dec 2012 11:33:35 +0000

Today, on Human Rights Day, and following a defeated motion supported by 72 MPs to repeal the Human Rights Act, 72 civil society groups including INQUEST have called on Prime Minister David Cameron and Deputy Prime Minister Nick Clegg, to secure and advance the Human Rights Act.

Full text of the letter follows:

Open Letter from Civil Society Groups on Human Rights Day

10 December 2012

To the Prime Minister, the Rt Hon David Cameron MP and the Deputy Prime Minister, the Rt Hon Nick Clegg MP

Global Human Rights Day provides an opportunity to reflect on how we can secure progress on human rights, not only internationally but here at home. On this day we seek your assurances that the legal protection of universal human rights in the UK is safe.

The last twelve months have witnessed some developments for human rights in the UK. The UK has completed its second United Nations Universal Periodic Review process, has signed if not yet ratified the Convention on preventing and combating violence against women, and we welcome recent commitments to ensuring equal marriage rights for gay and lesbian couples. Nevertheless the general direction of travel on human rights issues remains a concern. We often see people unable to access justice and fair process and the continued neglect and abuse of some of the most disadvantaged and vulnerable members of our communities.

What has not changed over the past year is the increasingly worrying tone of our domestic debates about human rights and the Human Rights Act. In the UK, what should be a healthy debate about how best to secure the human rights of each and every one of us has, for far too long, lacked political leadership. This places our reputation for international human rights leadership at risk. It also jeopardises the progress we have made at home in ensuring that our human rights obligations lead to real change for people in their everyday lives.

We know from the people we work with that human rights, and the Human Rights Act, play a powerful role in supporting us all through times of difficulty and protecting us from abuse and injustice when the system fails; helping to create a respectful and fair society. This essential role of human rights is all too often obscured; yet it is these unheard stories that demonstrate how essential human rights are to us all.

From the Magna Carta to the Human Rights Act the UK has a long and proud history of recognising the need for legal limits on the exercise of State power. The protection of human rights by the law is fundamental to our modern and diverse democracy. The UK seeks to champion human rights abroad; now is the time to show leadership here at home, to re-connect the debate to the country’s traditional values of fair play and our belief in basic human dignity and justice for everyone.

In the coming weeks you will no doubt be considering the report of the Commission on a UK Bill of Rights. As you do so we seek your assurances that the protection of universal human rights is safe in the UK. For us this means securing and advancing our Human Rights Act. We look forward to receiving your response.

Yours sincerely

Stephen Bowen, Director, British Institute of Human Rights

Gary Fitzgerald, Chief Executive, Action on Elder Abuse

Robert Taylor OBE, Chief Executive, Age Cymru

Duane Farrell, Director of Policy, Age NI

Brian Sloan, Interim Chief Executive, Age Scotland

Caroline Abrahams, Director of External Affairs, Age UK

Kate Allen, Director, Amnesty International UK

Geof Armstrong, Director, Arcadea

Maurice Wren , Director, Asylum Aid

Dann Kenningham, National Coordinator, ATD Fourth World

Davina James-Hanman, Director, AVA (Against Violence and Abuse)

Abdul Khan, Chief Executive, BECON

Nik Barstow, Director of Engagement & Involvement, BHA

Andrew Copson, Chief Executive, British Humanist Association

Ann Chivers, Chief Executive, British Institute of Learning Disabilities

Brian Gormally, Director, CAJ (Committee on the Administration of Justice)

Peter Newell, Coordinator, Children are unbeatable! Alliance and Global Initiative to End All Corporal Punishment of Children

Paola Uccellari, Director, Children’s Rights Alliance for England

Paula Hardy, Prif Weithredwraig / Chief Executive, Cymorth i Ferched Cymru / Welsh Women’s Aid

Monica Wilson, Chief Executive, Disability Action NI

Liz Sayce OBE, Chief Executive, Disability Rights UK

Catherine Casserley, Chair, Discrimination Law Association

Beryl Randall, Director, Employability Forum

Jo Glanville, Director, English PEN

Amanda Arissl, Chief Executive, Equality and Diversity Forum

Katie Pratt, Chief Executive, Equality South West

Holly Dustin, Director, EVAW (End Violence against Women Campaign)

Keith Best, Chief Executive, Freedom from Torture

Deborah Gold, Chief Executive, Galop

Christl Hughes, Secretary, Gender Identity Research & Education Society (GIRES)

Samantha Smethers, Executive Director, Grandparents Plus

Benjamin Ward, Deputy Director, Human Rights Watch

Tracey Lazard, Chief Executive, Inclusion London

Helen Shaw and Deborah Coles, Co-Directors, INQUEST

Yvonne MacNamara, Chief Executive, Irish Traveller Movement in Britain

Shauneen Lambe, Executive Director, Just for Kids Law

Ratna Lachman, Director, JUST West Yorkshire

Julie Bishop, Director, Law Centre Network

Lucy Scott-Moncrieff, President, Law Society of England and Wales

Paul Martin OBE, Chief Executive, Lesbian and Gay Foundation

Shami Chakrabarti, Director, Liberty

Eithne Rynne, Chief Executive, London Voluntary Services Council

Paul Farmer, Chief Executive, Mind

Deborah Jack, Chief Executive, NAT (National AIDS Trust)

Annette Lawson, Chair, National Alliance of Women’s Organisations

Des Kelly OBE, Executive Director, National Care Forum

Sir Stuart Etherington, Chief Executive, NCVO (National Council for Voluntary Organisations)

Patrick Yu, Executive Director, Northern Ireland Council for Ethnic Minorities

Kath Parson, Chief Executive, Older People’s Advocacy Alliance (UK)

Karen Chandler, Campaigns Co-ordinator, Pembrokeshire People First

Vaughan Jones, Chief Executive, Praxis Community Projects

Juliet Lyon, Director, Prison Reform Trust

Sarah Crowther, Director, REAP (Refugees in Effective and Active Partnerships)

Shan Nicholas, Interim Chief Executive, Refugee Council

Simon Abel, Director, Rene Cassin

Elizabeth Henry, Chief Executive, ROTA (Race on the Agenda)

Rob Berkeley, Director, Runnymede Trust

Billy Watson, Chief Executive, SAMH (Scottish Association for Mental Health)

Richard Hawkes, Chief Executive, Scope

Durrah Mahmood, Trustee, Songololo Feet

Dr Dimitrina Petrova, Executive Director, The Equal Rights Trust

Robert Sutherland, Convenor, Scottish Legal Action Group

Alison Marshall, Director of Public Affairs, UNICEF UK

Phil Mulligan, Executive Director, United Nations Association – UK

Peter Facey, Director, Unlock Democracy

Joyce Kallevik, National Director, Wish

Rachel Halford, Director, Women in Prison

Nicki Norman, Deputy Chief Executive, Women’s Aid

Annie Campbell, Director, Women’s Aid Federation Northern Ireland

Vivienne Hays, Chief Executive, Women’s Resource Centre

Tom Doyle, Director, Yorkshire MESMAC

Unison

CC: All MPs and Peers

‘Women, Punishment and Social Justice’ – new book includes chapter by Deborah Coles

Hannah — Tue, 04 Dec 2012 17:28:53 +0000

INQUEST co-director Deborah Coles has contributed a chapter to a new book, ‘Women, Punishment and Social Justice: Human Rights and Penal Practices‘. Edited by Margaret Malloch and Gill McIvor, the book aims to ‘provide a critical analysis of approaches and experiences of penal sanctions, human rights and social justice as enacted in different jurisdictions within and beyond the UK’. More information here.

Why is the IPCC not doing its job on deaths in custody? (The Guardian)

Hannah — Wed, 28 Nov 2012 08:40:17 +0000

INQUEST October e-newsletter is now online [more...]

Seni Lewis, a 23-year-old postgraduate from south London, died following prolonged restraint by police officers while he was an inpatient in the Bethlem Royal Hospital. It appears that he was held face down on the floor for a total of at least 40 minutes in the course of two successive episodes of restraint, altogether involving some 11 police officers.

A member of the public might think the obvious next step would be for the Independent Police Complaints Commission (IPCC), tasked with investigating the circumstances of Lewis’s death, to speak to those officers and test their accounts in interview. Instead, the IPCC decided at the start of the investigation that there was no possibility any officer involved in his death could have committed either a criminal or disciplinary offence. By doing so, those investigators denied themselves the power to interview those officers under caution. The investigation ended without the officers’ accounts having been tested in interview by the IPCC, a fact the Lewis family found baffling.

For Lewis’s family, these failures eroded their trust in the IPCC and its ability to conduct a genuinely independent investigation. Information submitted to the home affairs select committee from the charity Inquest confirms that the Lewis family is not alone: the IPCC is failing on a systemic basis to subject police officers who have been involved in deaths in custody to the rigour of an interview under caution.

INQUEST October e-newsletter is now online

Hannah — Mon, 19 Nov 2012 12:27:09 +0000

SEAN RIGG CASE – FURTHER DEVELOPMENTS AFTER THE DAMNING 1 AUGUST 2012 JURY VERDICT

Hannah — Mon, 12 Nov 2012 15:22:18 +0000

12 November 2012

INQUEST SENDS CORONER’S RULE 43 REPORT TO MINISTERS & WELCOMES BEGINNING OF ‘CASALE REVIEW’ OF IPCC INVESTIGATION

INQUEST has today sent the coroner’s Rule 43 report to the relevant government ministers to ensure the widest possible national learning from the death of Sean Rigg.

HM Coroner Dr Andrew Harris, recently sent his Rule 43 report of 22 October 2012 to Hickman and Rose, the solicitors for the Rigg family. It identifies critical learning in relation to Lambeth mental health care services and the Metropolitan Police Service (MPS) policing response to those with mental illness.

The Coroner stressed that, “despite the passage of four years since Mr Rigg died, there is still a lack of clarity and incomplete understandings of the roles of different organisations and when they should communicate and act together – especially in an emergency”.

Concerning the failure by SLAM to conduct an urgent Mental Health Act assessment following signs that Sean Rigg was relapsing, Dr Harris identified apparent gaps in “knowledge, awareness, teamwork, joint working and policing” which created a risk that other deaths could occur.

Concerning the police response, after recalling that the inquest identified clear inadequacies in mental health training for both MPS call handlers and police officers, Dr Harris said:

“I cannot be sure that staff and officers have an adequate understanding of mental health needs… There is a need for a review of the information and training with respect to the mental and physical health needs of mentally ill prisoners throughout the Metropolitan Police.”

His detailed list of recommendations include:

reviewing knowledge and training of all those who may be involved with MHA assessments to ensure proper understanding of powers available and timeliness of MHA assessments of a person who may be relapsing;

establishing joint protocols between SLAM, LBL and MPS for meeting the needs of those presenting with urgent psychiatric problems which require interagency co-operation;
addressing apparent weaknesses in the way the MPS handles those with mental illness in custody, including around training, the adequacy of mental health procedures, the role of leadership and decision making in restraint situations, understanding the options available for a person who may have mental illness, including use of a place of safety

A response to the recommendations is required within 56 days of the report being sent.

INQUEST has today alerted the relevant Ministers to the contents of the report.

Casale Review

The IPCC have today confirmed the team who will be responsible for conducting the external independent review of the IPCC investigation into the death of Sean Rigg. The review will be lead by Dr Silvia Casale, who was until recently the president of the European and UN committees for the prevention of torture and inhuman and degrading treatment.

This is the first ever external review of an IPCC investigation of a death following police contact. As well as addressing individual learning from Sean’s case, the IPCC has stated that the review will inform the wide scale review they are currently conducting into its investigation systems and approach to deaths following police contact.

Marcia Rigg, Sean Rigg’s sister said:

“We’re very pleased that the coroner has made such wide-ranging recommendations. Sadly since Sean’s death there have been other people who are mentally unwell who have died at the hands of the police.

“It is essential that all the failings identified at Sean’s inquest are acted upon, crucially so that this does not happen to any more families.

“Meanwhile, we welcome the appointment of the Casale review panel so the review into the woeful IPCC investigation can finally get under way.”

Deborah Coles, co-director of INQUEST said:

“We want to ensure that the report’s strong recommendations do not disappear into the ether as they are a valuable learning tool to safeguard lives in the future. The jury’s findings and the Coroner’s recommendations need to be disseminated to all police forces and mental health agencies across the country for their consideration and action.

“It is crucial that Ministers review the Coroner’s report so that the lessons are learned and changes made nationally: we now await assurances from the Home Secretary and Health Secretary that this will happen.

“The external review of the IPCC investigation presents a unique opportunity to critically examine the way the IPCC approaches investigations into contentious deaths. Too often these investigations have revealed systemic failings in the IPCC approach and have resulted in a lack of family and public confidence.”

Ends

Notes to editors:

1. Full details of the IPCC review panel can be found on the IPPC website.

Criminologist Dr Silvia Casale to lead investigation in to the death in police custody of mentally ill man Sean Rigg (The Independent)

Hannah — Mon, 12 Nov 2012 09:13:38 +0000

An international expert in the prevention of torture and inhuman treatment of prisoners is to lead an independent review into the way the death of a mentally ill man in police custody was investigated by the police watchdog.

Dr Silvia Casale, former president of both the European and UN committees for the prevention of torture and inhuman and degrading treatment, will examine the Independent Police Complaint Commission’s investigation into the death of Sean Rigg.

Deborah Coles, co-director of INQUEST said: “We want to ensure that the report’s strong recommendations do not disappear into the ether… It is crucial that Ministers review the Coroner’s report so that the lessons are learned and changes made nationally.”

INQUEST CO-DIRECTOR DEBORAH COLES AND MOTHER OF ADAM RICKWOOD CAROL POUNDER TO GIVE EVIDENCE TO JUSTICE COMMITTEE

Hannah — Thu, 01 Nov 2012 15:49:25 +0000

3.15pm Tuesday 6 NOVEMBER 2012

Deborah Coles, co-director of INQUEST will give evidence to the Justice Select Committee inquiry into youth justice at 3.15pm on Tuesday 6 November 2012. She will be joined by Carol Pounder, mother of Adam Rickwood, who at 14 years old died in Hassockfield Secure Training Centre in August 2004. He is the youngest child to die in prison in modern times.

The inquiry ‘aims to examine the extent to which the youth justice system in England and Wales is fulfilling its principal aim of preventing offending by young people’.

Ends

Notes to editors:

1. Background on the death of Adam Rickwood is available here

ITI ATIBA INQUEST: JURY EXPRESSES CONCERNS OVER RESOURCING NEGOTIATIONS

Hannah — Thu, 01 Nov 2012 11:04:08 +0000

1 November 2012

The inquest into the death of Idi Abdullah Atiba, who died on 24 January 2011 of a single gunshot wound to his chest, concluded at Dunstable Coroner’s Court yesterday.

For almost 16 hours prior to his death Mr Atiba had been contained by armed officers of Bedfordshire Police on Leagrove Common, Luton in what has been described as the most significant incident of this nature for Bedfordshire Police in a 16 year long period. The Coroner directed the jury that they could not return a verdict of suicide because the evidence heard in the course of the three day inquest did not support that. The jury heard from firearms officers and negotiators who felt certain that the discharge of the gun was accidental.

Mr Atiba’s mother, Rosemary O’Garrow, his sister, Rosalee Noel and brother Gregory O’Garrow were represented at the inquest to raise their significant concern that the commanding officers did not give proper consideration to using Rosemary or other family members as intermediaries, or to use them to obtain information about Mr Atiba which might have been used to bring matters to a peaceful conclusion. They also raised concerns about the communications equipment used at the scene, and access to psychological advice.

The jury’s verdict was that Mr Atiba died of a self inflicted gun shot wound to the chest. They also agreed that there should be “increased resources directed at intelligence gathering; structures and equipment; the use of psychological/psychiatric assistance; and the potential use of third party intermediaries; to run concurrent to the containment strategy”.

The coroner said that he wanted to consider whether or not a Rule 43 letter was appropriate. That is a formal letter written where a coroner believes that the evidence heard in an inquest gives rise to a concern that circumstances creating a risk of other deaths will occur, or will continue to exist, and that action should be taken to prevent the occurrence or continuation of such circumstances, or to eliminate or reduce the risk of death created by such circumstances.

Mr Atiba’s family paid tribute to him today. Rosemary O’Garrow said:

“People, and indeed the police, may see Idi as just a man with a gun who may harm others. Yes Idi had his domestic issues, but he was a human being, a hurting human being who was having difficulty dealing with issues in his life. Idi was also a good big brother who took his role seriously and will be sorely missed.

“We as a family are so disappointed that we did not have an opportunity to be part of the negotiation process. We believe that at some point in those 16 hours we should have been allowed to let him know we were there for him and if we had been able to do that, he may not have died.

“My advice to other hurting young men having difficulties is to speak to your family. You may think your family may not understand or care but usually that’s not the case. Faith in God is very helpful. I am so grateful to my Church family, family and legal professionals and INQUEST, who have all helped us.”

Ends

Officers will not face court over ‘errors’ that led to Leonard McCourt’s death (The Independent)

Hannah — Thu, 01 Nov 2012 09:00:23 +0000

(Morning Star Online)

The family of a man who died in the back of a police van following a “catalogue of errors” by officers supposed to be monitoring him today spoke of their anger that nobody would face a criminal prosecution over his death.

Helen Shaw, co-director of INQUEST which investigates cases of death in custody said the death was just the latest that raised concerns about how police officers responded to people who were unwell.

“There must be an urgent review of training in the use of restraint, and where failures have been identified those responsible must be held to account.”

Deborah Coles and Marcia Rigg evidence to the Home Affairs Committee inquiry into the IPCC

Hannah — Wed, 31 Oct 2012 16:20:15 +0000

On 23 October, INQUEST co-director Deborah Coles and Marcia Rigg, sister of Sean Rigg who died in police custody in Brixton in 2008, gave oral evidence to the Home Affairs Committee inquiry into the Independent Police Complaints Committee. The full transcript is now available on the Home Affairs Committee website.

INQUEST submitted written evidence to the inquiry in July.

POSTPONED: INQUEST INTO THE DEATH OF MELANIE BESWICK AT HMP SEND TO BEGIN WEDNESDAY 31 OCTOBER 2012

Hannah — Tue, 30 Oct 2012 14:14:30 +0000

THIS INQUEST HAS BEEN POSTPONED – WILL UPDATE WHEN A NEW DATE HAS BEEN SET

Melanie Beswick was 34 years old when she died on 21 August 2010. She was found hanging from a ligature made from shoelaces attached to the window of her cell in HMP Send.

She self-harmed on several occasions during her imprisonment and was subject to an ACCT (Assessment, Care in Custody, and Teamwork – the system used for prisoners who are at risk of self harm) on three occasions. She had also reported bullying on several occasions, and expressed fear that she would not be able to repay the money and so face further imprisonment. On the day of her death, she had been found unresponsive in her cell and, despite no obviously signs of physical ill health, was taken to hospital, where she became agitated and tried to harm herself several times. The doctor eventually discharged her but instructed that she was at high risk of self harm and needed constant observation and mental health input.

Despite this, on Melanie’s return from hospital that afternoon the duty governor decided that she did not need an ACCT or monitoring. Apparently unknown to him another officer had already begun the process but she was only placed on hourly observations. At about 7.45pm Melanie asked to speak to a Listener (prisoners trained by the Samaritans to support other prisoners in distress) but was told to wait because the room used by the Listener was in use. At 8.35pm, she was found hanging in her cell and despite attempts to resuscitate her was pronounced dead at 10.02pm at hospital.

Her family hopes the inquest will address the following issues:

What HMP Send should have known about Melanie’s medical history
The ACCT process
The medical care Melanie received in HMP Send and her undiagnosed underlying mental health condition
How the prison dealt with Melanie’s allegations of bullying
Information Melanie was given about her sentence
The care she received at hospital on the morning of the day of her death
Information breakdown between the hospital and the prison
The decision of the Deputy Governor not to instigate ACCT monitoring
The Listener scheme
The provision of first aid by prison staff

Melanie’s husband, two young daughters, mother and step-father are represented by INQUEST Lawyers Group members Jo Eggleton of Deighton Pierce Glynn and Jesse Nicholls of Tooks Chambers, London.

Ends

Jacob Michael inquest: Police criticised for ‘failings’ over death of cage fighter (Daily Mirror)

Hannah — Sat, 27 Oct 2012 08:00:59 +0000

(Daily Mirror)

A coroner criticised police today after a cage fighter high on cocaine died in custody 45 minutes after he dialled 999 asking for help.Jacob Michael, 25, said someone had pulled a gun on him but he was pepper-sprayed and arrested at his home after officers claimed he threatened them with a hammer.

He died by misadventure as a result of “cocaine induced excited delirium”, an inquest jury found.But the jury also found that a catalogue of police failures may have contributed to his death.Deborah Coles, co-director of campaign group INQUEST, said: “This was a shocking death. Yet again, another inquest into a death following use of force has found failures at an individual and senior management level, and those responsible must be held to account.”

‘Failures may have led to custody death’ (Morning Star Online)

Hannah — Fri, 26 Oct 2012 15:33:47 +0000

An inquest jury found today that a catalogue of failures may have contributed to the death in police custody of a man after he was pepper-sprayed by officers.

Jacob Michael died on August 22 2011 aged 25 following arrest and restraint by police. He had called the police himself in an agitated state after telling his family he had been threatened. When officers arrived at the house they forced their way into his bedroom, spraying pepper spray at him, whereupon Mr Michael ran out of the house and down the street.The police pursued him, striking him with batons and restraining him before putting him in the back of a police van to take him into custody at Runcorn police station.

Campaign group Inquest co-director Deborah Coles said: “Yet again, another inquest into a death following use of force has found failures at an individual and senior management level and those responsible must be held to account.

INQUEST INTO THE DEATH OF KENT AND MEDWAY PATIENT ROBIEN WINCHESTER BEGINS MONDAY 29 OCTOBER

Hannah — Fri, 26 Oct 2012 15:32:43 +0000

Friday 26 October 2012

10am Monday 29 October 2012 before HM Coroner for Central and South East Kent District, Rachel Redman, sitting at Dover Magistrates Court, Pencester Rd Dover CT16 1BS

The inquest into the death of Robien Winchester will commence on Monday 29^th October 2012. It is listed for one week.

37 year old Robien Winchester died on the 6^th March 2011. At the time of her death, Robien was an in-patient at the Arundel Unit, the psychiatric unit of William Harvey Hospital, Ashford, Kent. Robien was admitted to the Arundel Unit on the 27^th January 2011 following an episode of depressive instability. On the day of her death, Robien had returned to the hospital in a state of distress and under the influence of alcohol. She was allowed to leave the unit again at 19.55 whilst still under the influence of alcohol. She failed to return and was later found dead.

Following Robien’s death, a police investigation was started, which included concerns about the number and frequency of patients going missing from the Arundel Unit. Since Robien’s death, two further deaths have occurred of patients from the Arundel Unit: Sam Lee on the 5^th October 2011 and Craig Wallis on the 11^th April 2012.

An investigation into the circumstances of Robien’s death was conducted by Kent and Medway NHS and Social Care Partnership Trust, the same Trust that had responsibility for her care. Robien’s family were given no opportunity to have input or any involvement in that investigation. The investigation produced a brief report which concluded that no root cause review² was necessary.

Following a long and painful wait, Robien’s family welcome the inquest as a first opportunity to independently examine the facts surrounding her tragic death and to explore whether she received appropriate levels of care. In particular they hope the inquest will look at:

1.Whether the Trust were operating full and proper care and risk procedures concerning informal patients, including around the grant of leave;

2.Whether the Trust conducted appropriate assessments of Robien and put in place suitable levels of care and control to ensure her safety;

3.Why, given obvious risk concerns, Robien was allowed to leave unescorted on the evening of her death;

4.Why, when Robien failed to return to the unit, the Trust had no knowledge of her whereabouts and, despite fellow patients raising the alarm earlier, why she was not reported missing sooner.

Robien’s family is being represented by Jenni Richards QC of 39 Essex Street Chambers, instructed by INQUEST Lawyers Group member Sara Lomri of Bindmans LLP.

Notes to editors:

1. Robien Winchester’s family and their representatives will not be making any comment to the media while the inquest proceedings are ongoing. Any enquiries should be directed to Sara Lomri.

2. From National Patient Safety Agency, February 2008 “Root cause analysis (RCA) is a technique which can be used for undertaking a systematic investigation. It looks beyond the individuals concerned and seeks to understand the underlying system features and environmental context in which the incident happened… RCA is designed to identify the sequence of events that led to the incident. This allows the underlying causes of the incident to emerge so that organisations can learn and put remedial action in place. A root cause is the cause or causes that if addressed will prevent or minimise the chance of a similar incident recurring in the future”.

In contrast to all other custody settings, no organisation exists to independently investigate pre-inquest the deaths of those who die in mental heath hospitals. There is no equivalent of the Independent Police Complaints Commission or Prison and Probation Ombudsman to investigate those deaths.

JURY FIND CATALOGUE OF FAILURES MAY HAVE CONTRIBUTED TO THE DEATH OF JACOB MICHAEL IN POLICE CUSTODY IN RUNCORN

Hannah — Fri, 26 Oct 2012 12:21:02 +0000

26 October 2012

Today the jury in the inquest into the death of Jacob Michael returned their verdict.

Jacob Michael died on 22 August 2011 aged 25 following arrest and restraint by police. He had called the police himself in an agitated state after telling his family he had been threatened. The police arrived at the house and forced their way into his bedroom, spraying incapacitant spray at him, whereupon Mr Michael ran out of the house and down the street. The police pursued him, striking him with batons and restraining him before putting him in the back of a police van to take him into custody at Runcorn police station.

He was then left face down on the floor of a police cell for several minutes with police officers standing on his legs.

The jury found that the police officers and staff that dealt with Jacob were:

ineffectively trained
they failed to follow force procedures
they failed to perform a timely medical assessment, leading to a delayed call for medical assistance
there was a lack of communication
The jury also said that Jacob’s fear, flight and fight response may have contributed to Jacob’s death. This refers in part to the violent arrest and restraint that expert evidence said could have been avoided.

Ann Michael, Jacob Michael’s mother said:

“We believe that, if the police had not stormed into Jacob’s bedroom, he would still be alive. Instead he died on the floor of Runcorn Custody Suite while handcuffed face down and with police officers treading on his legs. The evidence and the verdict revealed shocking ineptitude and complacency both of police officers and staff, individually and organisationally. I hope that Cheshire Police will start to learn the lessons that may prevent similar deaths in the future.”

Deborah Coles, INQUEST co-director said:

“This was a shocking death. Yet again, another inquest into a death following use of force has found failures at an individual and senior management level and those responsible must be held to account. Jacob Michael was an extremely vulnerable young man who called police for help and yet was subjected to cruel and degrading treatment. The sheer lack of compassion shown by these police officers towards a man who was clearly unwell, let alone their failure to follow proper procedure, is hugely worrying. There must be an urgent review by Cheshire police of the way officers are trained to respond to people in crisis with drugs or mental ill health.”

Kate Maynard, solicitor instructed by the family, said:

“The Coroner has drawn to the attention of the Chief Constable of Cheshire that there have now been two deaths in his custody within a short period of time where the individuals have not been recognised as being in urgent need of medical attention. The family hopes that Cheshire police learns lessons from the harsh criticisms from the jury and Coroner today so that other families do not have to go through what Mrs Michael has gone through.”

Ends

Chief Coroner and Helen Shaw, co-director, INQUEST, discuss new opportunities for reform of the inquest system on Radio 4 programme Law in Action (BBC Radio 4)

Hannah — Thu, 25 Oct 2012 15:00:49 +0000

(BBC Radio 4)

The new Chief Coroner Peter Thornton was interviewed on Law in Action BBC Radio 4 by Joshua Rozenberg today. Comments also came from co-director, INQUEST, Helen Shaw and Sheila Taylor whose son died in prison.

Cumbrian jail staff training in suicide prevention (Times and Star)

Hannah — Thu, 25 Oct 2012 11:13:42 +0000

(Times and Star)

NHS Cumbria, which provides healthcare services at the prison, revealed its ambitions for Haverigg prison following a damning report regarding the welfare of children and young people in custody.

Published by INQUEST and the Prison Reform Trust yesterday, the report comes 10 years after the death of Joseph Scholes. The 16-year-old died at Stoke Heath Young Offender Institution in 202, and there was widespread calls for a public inquiry.

This latest report reveals that inquiry never took place, and since then nine children and 191 young people have died in prison or in a secure training centre.

Deborah Coles, co-director of INQUEST said: “These deaths are the most extreme outcome of a system that fails some of society’s most troubled and disadvantaged children and young people.This shocking death toll has been obscured for far too long and for the first time, we now have a clear picture of the extent of the problem and the fatal consequences of placing vulnerable young people in unsafe institutions ill equipped to deal with their complex needs.”

Tragic Adam Rickwood’s words used to highlight youth justice system failures (The Journal)

Hannah — Thu, 25 Oct 2012 09:00:54 +0000

(The Journal)
In 2004 Adam Rickwood became the youngest person to die in custody in modern times when he was found hanging in his cell at the Hassockfield Secure Training Centre at Consett, County Durham. He was 14.

Adam’s mother Carol Pounder fought for justice for seven years to discover the circumstances surrounding her son’s death and last year a second inquest concluded the teenager had been unlawfully killed following a serious system failure at the centre.

His ordeal is covered in the report Fatally Flawed, in which former chief inspector of prisons Lord Ramsbotham said that the lack of action to reduce young deaths in prisons over the past decade is a “devastating indictment of bad practice”.

Nine children and more than 190 other young people aged 24 and under have died in prisons or secure training centres since calls for a review went 10 years ago, campaigners said.

The report says: “Too often ’tough’ talk about crime and punishment does not result in the authoritative action needed to rectify the flaws in our criminal justice system.

200 die in jail ‘due to system’ (Morning Star Online)

Hannah — Wed, 24 Oct 2012 12:31:45 +0000

(Morning Star Online)

Systemic failures have led to the deaths of 200 children and young people in prisons in England and Wales in the last decade, campaigners said yesterday.

They argue that many of the deaths were avoidable and blamed successive governments and agencies for failing to learn lessons on the issue.

The alarming statistic is revealed in a report examining the experiences and treatment of children and young people aged 18-24 who died in prison custody published by Inquest and the Prison Reform Trust yesterday.

The report found that those who died were some of the most disadvantaged in society and had experienced problems with mental health, self-harm, alcohol or drugs.

Mentally ill people detained over risk to themselves or others routinely taken to police cells, despite years of warnings (The Independent)

Hannah — Wed, 24 Oct 2012 11:20:37 +0000

(Local Government Chronicle)

Mentally ill people detained because they pose a risk to themselves or others are routinely taken to police cells rather than hospital – despite years of warnings against the dangerous practice, official figures reveal for the first.

Nearly 9,000 vulnerable people taken off the streets last year by officers using emergency powers under the Mental Health Act ended up in police stations across England. Official guidelines state police cells should only be used as a place of safety for mentally ill people in “exceptional” circumstances.

The figures, released by the NHS Information Centre, were described as “shocking” by Deborah Coles from the campaign group INQUEST.

Child deaths ‘show flaws in justice system’ (The Times)

Hannah — Wed, 24 Oct 2012 11:01:43 +0000

(The Times)

At least 200 people under 24, including nine children, have died in prisons or youth custody in a decade, according to a report by the Prison Reform Trust and the campaign group Inquest.

Lord Ramsbotham, the former Chief Inspector of Prisons, said that the lack of action on the issue was a “devastating indictment of bad practice”.

200 people under 24, including nine children, have died in prisons according to a report (Local Government Chronicle)

Hannah — Wed, 24 Oct 2012 09:09:38 +0000

At least 200 people under 24, including nine children, have died in prisons according to a report by the Prison Reform Trust and the campaign group Inquest, the Times reports.

Speaking on the Today Programme, Deborah Coles, co-director of Inquest, said that the criminal justice system was failing some of society’s most troubled and disadvantaged children. Many children entering the criminal justice system had mental health issues as well as other problems such as drug dependency and she stressed that the criminal justice system was not the best place for young, troubled individuals. She argued that prison should be used in the most sparing of circumstances.

Prison Reform Trust warning over youth custody deaths (BBC News)

Hannah — Wed, 24 Oct 2012 09:04:21 +0000

(BBC News)

“Systemic failures” in the prison system are contributing to some deaths of young people in custody, a report by campaigners has said.

Two-hundred people aged under 25 have died in custody in the past 10 years in England and Wales, the Prison Reform Trust and the charity Inquest said. They are calling for an urgent review into deaths of young people in prisons and young offender institutions.

Young Inmate Deaths ‘Show Justice Failing’ (Sky News)

Hannah — Wed, 24 Oct 2012 08:54:06 +0000

(Sky News)

In the Fatally Flawed report, former chief inspector of prisons Lord Ramsbotham said the criminal justice system and community services “have demonstrably let young people down, for all the wrong reasons, for far too long”.

Nine children and more than 190 other young people aged 24 and under have died in prisons or secure training centres in the last 10 years, according to campaigners.

The report, which looked at 98 of the deaths, found that in many cases there were communication failures between community agencies and prisons while, in others, the inmates were placed in prisons with unsafe environments and cells.

Deborah Coles, co-director of the campaign group Inquest, said: “This shocking death toll has been obscured for far too long.

“Working on a daily basis with bereaved families, we see inquest after inquest raising the same issues and, despite promises of change, the deaths continue.”

“This report must prompt an independent review as a matter of urgency as there is a pressing need to learn from the failures that cost these young people their lives.”

Deborah Coles, INQUEST co-director, discusses new report ‘Fatally Flawed’ on BBC’s Today programme (BBC Radio 4)

Hannah — Wed, 24 Oct 2012 08:15:08 +0000

Deborah Coles, INQUEST co-director, discusses new report ‘Fatally Flawed’ on BBC’s Today programme (BBC Radio 4) [more...]

Deaths Of Young People And Children In Custody Since Joseph Scholes ‘Devastating’ Claims Report (Huffington Post)

Hannah — Wed, 24 Oct 2012 06:37:12 +0000

(Huffington Post)

The criminal justice system and community services “have demonstrably let young people down, for all the wrong reasons, for far too long”, Lord Ramsbotham said.

“Too often ‘tough’ talk about crime and punishment does not result in the authoritative action needed to rectify the flaws in our criminal justice system,” he wrote in the foreword to the report called Fatally Flawed.

Children and young people are being failed by the systems set up to safeguard them from harm, the report by the Prison Reform Trust and the Inquest campaign group found.

Mum whose son killed himself in cell hits out at prison failures (ITV News)

Hannah — Wed, 24 Oct 2012 01:45:46 +0000

(ITV News)

The mum whose son committed suicide in his cell has said she is ‘saddened’ by a report into the number of deaths by young people in prison.

16-year-old Joseph Scholes hanged himself in his cell at Stoke Heath Young Offenders’ Institution in Shropshire on March 24 2002 – nine days into a two-year sentence for robbery.

Nine children and more than 190 other young people aged 24 and under have died in prisons or secure training centres since calls for a review went unfulfilled following the death of Joseph 10 years ago, campaigners said.

200 DEATHS OF IMPRISONED CHILDREN AND YOUNG PEOPLE IN TEN YEARS – NEW REPORT CALLS FOR URGENT ACTION

Hannah — Tue, 23 Oct 2012 23:01:53 +0000

24 October 2012

A new evidence based report examining the experiences and treatment of children and young people who died in prison custody in England and Wales is published by INQUEST and the Prison Reform Trust today. ‘Fatally Flawed: Has the state learned lessons from the deaths of children and young people in prison?’ is an in-depth analysis of the deaths of children and young people (aged 18-24) while in the care of the state.

Following the death of Joseph Scholes, a 16 year old boy who died at Stoke Heath Young Offender Institution in 2002, there was widespread public and parliamentary concern and calls made for a public inquiry.

That inquiry never took place and since Joseph died on 24 March 2002, nine children and 191 young people aged 24 and under have died in prison or, in the case of two of the children, imprisoned in a secure training centre.

The report, commissioned by the Prison Reform Trust as part of its Out of Trouble five year programme to reduce child and youth imprisonment, supported by the Diana, Princess of Wales Memorial Fund, is based on the unique dataset compiled by INQUEST through its specialist advice and casework service, supporting the families of children and young people through the investigation and inquest process. In particular, the experiences of 98 children and young people who died between 2003 and 2010 are looked at in detail, forming the basis for the findings and recommendations contained in the report.

For the first time, this analysis reveals the systemic failings that have contributed to some of the deaths of young people aged 18-24. Often overlooked and neglected in a regime that does not differentiate between young adults and adults, there is little institutional understanding of, or attention to, their specific needs.

The report found that the children and young people who died:

were some of the most disadvantaged in society and had experienced problems with mental health, self-harm, alcohol and/or drugs;
had significant interaction with community agencies before entering prison yet in many cases there were failures in communication and information exchange between prisons and those agencies;
despite their vulnerability, they had not been diverted out of the criminal justice system at an early stage and had ended up remanded or sentenced to prison;
were placed in prisons with unsafe environments and cells;
experienced poor medical care and limited access to therapeutic services in prison;
had been exposed to bullying and treatment such as segregation and restraint;
were failed by the systems set up to safeguard them from harm.

The analysis also found there had been inadequate institutional responses to the deaths of children and young people in prison. Investigations and inquests are subject to lengthy delay and mechanisms are currently inadequate to ensure learning is acted upon by all relevant agencies.

Deborah Coles, co-director of INQUEST said:

“These deaths are the most extreme outcome of a system that fails some of society’s most troubled and disadvantaged children and young people. This shocking death toll has been obscured for far too long and for the first time, we now have a clear picture of the extent of the problem and the fatal consequences of placing vulnerable young people in unsafe institutions ill equipped to deal with their complex needs.

“Working on a daily basis with bereaved families we see inquest after inquest raising the same issues and despite promises of change the deaths continue as illustrated by the self inflicted deaths of two children and eight young people already this year.

“It is difficult to comprehend how despite the persistent death toll there has been a repeated refusal and resistance to holding a holistic inquiry to examine the wider systemic and policy issues underlying the deaths of children and young people in custody. This report must prompt an independent review as a matter of urgency as there is a pressing need to learn from the failures that cost these young people their lives.”

Yvonne Bailey, mother of Joseph Scholes, said:

“I have read the report with sorrow. It is now over a decade since my son Joseph died in fear and distress hanging from the window bars of his squalid cell in a children’s prison. While I welcome the changes and improvements that have taken place in the prison estate during the last ten years – changes which would almost certainly not have taken place had it not been for the tireless work carried out by INQUEST, the Prison Reform Trust and others – the deaths of a further nine young boys are devastating evidence that the changes implemented were yet again wholly insufficient to fulfil the duty on the state to protect the right to life of the children it imprisons.

“I am saddened and perplexed by the continuing and repeated refusal of successive governments to properly investigate through a public inquiry the circumstances that have led to the deaths of child prisoners.”

Juliet Lyon, Director, Prison Reform Trust, said:

“Every young death in custody is a tragedy made all the more harrowing when such deaths could be prevented by effective safeguarding measures and greater cooperation between health, welfare and criminal justice agencies.

“After 200 deaths in ten years it is time to learn that locking up our most vulnerable children and young people in our bleakest institutions is a process that is fatally flawed.”

The former Chief Inspector of Prisons, Lord Ramsbotham, writing in the foreword to the report, said:

“Too often ‘tough’ talk about crime and punishment does not result in the authoritative action needed to rectify the flaws in our criminal justice system. This system and services in the community, whose failures are described in the report, have demonstrably let young people down, for all the wrong reasons, for far too long. I wholeheartedly endorse this report’s final recommendation that an independent review be established, with the proper involvement of families, to examine the wider systemic and policy issues underlying the deaths of children and young people in prison.”

Ends

Notes to editors:

1. This report by INQUEST was commissioned by the Prison Reform Trust as part of its Out of Trouble five year programme to reduce child imprisonment, supported by The Diana, Princess of Wales Memorial Fund.

2. The full report is available for download here

2. The report’s full recommendations for change with the aim of preventing further deaths of vulnerable children and young people in prison are:

1) The custody threshold should be raised to ensure imprisonment becomes a true last resort, and is reserved for the minority of children and young people who commit serious violent offences and who pose a significant risk to others. Custody should not be the default response to low-level persistent offending.

2) Minor offences and anti-social behaviour committed by children and young people should be viewed as a public health, rather than criminal justice, issue and diverted to the health, welfare and other agencies which are best-placed to tackle it.

3) A common assessment framework which is built on a shared understanding of vulnerability should be developed for use by welfare and criminal justice professionals, so as to avoid the arbitrary distinction made by many statutory services between children and young people.

4) Sentencers must be better aware of the principles and sentencing guidelines which should underpin their decisions about the use of custody for children and young people.

a) Comprehensive training should be provided for sentencers (in both youth and Crown courts) and their legal advisers to enable better identification of complex needs, vulnerability and the court’s options under mental health legislation.

b) Full up-to-date information on locally available alternatives to custody for children and young people should be available to the courts.

5) A new, distinct secure estate with an emphasis on therapeutic environments and interventions should be developed for the minority of children and young people whose offending is so serious that only a secure placement can be justified.

6) Research on the distinct support needs of 18-24 year olds in custody, how they differ from those of adult prisoners, and how they are best identified and addressed should be urgently undertaken.

7) A clear system for identifying and managing looked after children and care leavers in custody, and ensuring the input of all statutory partners including social workers, youth offending practitioners and staff in the secure estate, should be introduced.

8) A review of the operation of the ACCT scheme should be conducted with a view to improving the accuracy of assessments and providing better support to those identified as at risk of harm.

9) Substantial improvements are needed in the availability and quality of mental healthcare provided to children and young people in custody.

a) Imminent changes to healthcare provision in prisons should be taken as an opportunity to drive up standards.

b) Procedures for transferring prisoners out of the secure estate under mental health legislation should be re-examined, and, where necessary, updated with new guidelines.

10) Delays in the inquest process must be addressed as a matter of urgency to ensure bereaved families do not have to wait years to hear the circumstances of a relative’s death in custody, and that organisational learning from deaths is timely.

11) Families bereaved by a death in custody should be eligible for public funding to enable their legal representation at inquests.

12) All coroners’ Rule 43 recommendations and juries’ narrative verdicts should be publicly accessible through a national database and analysed, audited and brought to the attention of Parliament to ensure responses from relevant Ministers.

13) An Independent Review should be established, with the proper involvement of families, to examine the wider systemic and policy issues underlying the deaths of children and young people in custody. As a starting point the Ministerial Council on Deaths in Custody should commission a new working group of the Independent Advisory Panel to draw together the specific learning from recent deaths of children and young people and identify issues for an independent review to consider.

Jury returns verdict that systemic failings contributed to the death of Tony Doherty in HMP Wormwood Scrubs

Hannah — Tue, 23 Oct 2012 11:49:20 +0000

23 October 2012

The Inquest into the death of Tony Doherty before HM Assistant Deputy Coroner for West London concluded on 17 October 2012.

The jury found that Tony took his own life, and his death was contributed to by systemic deficiencies. They stated the following deficiencies contributed to Tony’s death:

1) Not collating, sharing and using information about suicide/ self harm consistently;

2) Not carrying out night patrols in accordance with the prison policy;

3) The failure of the cell call sounder alarm to activate; and

4) Not responding promptly to the cell call light.

The Jury felt these deficiencies reflected potential weaknesses in the training and management of staff.

Tony, who was 22 years old, was found hanging in his cell in the segregation unit at HMP Wormwood Scrubs on 3 December 2010.

On the night prior to his death CCTV showed that checks of prisoners on the segregation wing were not completed as required by the staff member on duty, and despite Tony ringing his cell at 11.55pm this remained unanswered when he was found at 2.37am, over 2 ½ hours later.

Evidence was heard at the Inquest that Prison Officers had been able to disable the cell bell audible alarm for more than 18 months prior to Tony’s death, and by the date of his death it had been permanently damaged. Despite checks of the system purportedly having to take place every day no repairs were requested. One of the Governors called to give evidence for the Prison Service accepted that this was “totally unacceptable”. Another Governor accepted that the deficiencies were the result of “mismanagement”.

Some of the critical evidence in the Inquest had only been disclosed to the family on the day before the Inquest started and had never been disclosed to the Prisons & Probation Ombudsman.

Tony’s mother Theresa Doherty expressed the wish that following the verdict changes would be made at HMP Wormwood Scrubs to prevent further deaths.

Tony’s family were represented by Clair Hilder from Hodge Jones & Allen LLP and Jonathan Glasson of Matrix Chambers.

Solicitor Clair Hilder commented following the verdict;

“A series of failings were found which contributed to Tony’s death. This case raises concerns about not just the care Tony received but others in prison. Despite extensive investigations into the events of Tony’s death the prison were unable to explain whether this was an isolated incident or if other staff members were also failing to complete night patrol checks and respond to cell bells. As one of the jurors asked the Governor, after an incident when a prisoner died showed a 100% failure rate why didn’t the prison consider investigating other nights to see whether the same failure rate was found?”

Deborah Coles, co-director of INQUEST said:

“In light of the rise in self-inflicted deaths in prison this case gives cause for serious concern. With ever-decreasing resources we hope the findings of this inquest send a message to all prisons that corners cannot be cut when dealing with vulnerable prisoners. This death may well have been prevented had there not been a blatant disregard for policy and procedure.”

Ends

Campaigners raise concerns over increased police Taser use (The Guardian)

Hannah — Sun, 21 Oct 2012 16:44:01 +0000

(Morning Star Online)

Concern is growing among human rights campaigners and politicians over the widespread and potentially lethal police use of Tasers after an innocent blind man was shot with a stun gun when his white stick was mistaken for a samurai sword.

Deborah Coles, co-director of Inquest, said Tasers posed an “ever present risk of death or injury”. She added: “We’ve always said the more weapons you arm police with, the more likely they are to use them. There’s poor scrutiny of Taser use, which is an issue. Of particular concern is when they are used on people who are vulnerable through mental health issues or pre-existing medical conditions.”

Coles wants more robust guidelines and reporting of Taser use and says the Chorley case raises questions over the “disproportionate use of force”.

Duggan family hit out at gun supply trial (Morning Star Online)

Hannah — Thu, 18 Oct 2012 10:21:42 +0000

The family of police shooting victim Mark Duggan criticised the trial of the man alleged to have supplied Mr Duggan with a gun today for being more about the deceased than the accused.

Inquest co-director Deborah Coles said: “Nothing can satisfy family, community and public confidence other than a prompt, open and transparent jury inquest with the full involvement of Mark Duggan’s family. Open justice is of fundamental importance in the case of a man shot dead by police officers.”

Education Around Mental Health Is Needed to Limit Deaths in Police Custody (The Huffington Post)

Hannah — Thu, 18 Oct 2012 09:00:56 +0000

(The Huffington Post)

The inquest into Sean Rigg’s death has highlighted a worrying trend of mental health sufferers dying in police custody. Like Sean, Olaseni Lewis also died while under the care of the south London and Maudsley NHS trust.

Despite the complexities surrounding these cases, the common thread is the excessive use of force for an unreasonable amount of time.

It is now reported a panel of experts has been formed to work with the IPCC in its review of cases involving a death following police contact including Deborah Coles, co-director of the charity INQUEST. However, mental health can no longer be taboo and there needs to be action taken to implement adequate training and exercising of basic compassion.

Mark Duggan: No verdict in Kevin Hutchinson-Foster gun trial (BBC News)

Hannah — Thu, 18 Oct 2012 08:07:49 +0000

(BBC News)

A jury has failed to reach a verdict in the trial of a man charged with supplying a gun to Mark Duggan before he was shot dead by police.

A re-trial will be held at a date to be set and an administrative hearing will take place on 2 November.

Mr Duggan’s brother Shaun Hall said in a statement: “It feels like this has been the Mark Duggan trial except his family has had no representation and without being able to defend himself. “People have been allowed to say things in court about Mark and what happened that day without being challenged. We heard things that we had never heard before.”

Legal group Inquest, representing Mr Duggan’s family said: “It is now imperative that the inquest takes place as soon as possible.”

Mark Duggan:No Verdict In Trial Of Kevin Hutchinson-Foster Accused Of Supplying Gun (The Huffington Post)

Hannah — Wed, 17 Oct 2012 17:42:09 +0000

(The Huffington Post)

A jury has failed to reach a verdict in the case of a man accused of supplying a gun to Mark Duggan, whose fatal shooting by police sparked last year’s August riots.

Kevin Hutchinson-Foster, 30, was charged with passing the gun to Duggan just 15 minutes before he was shot dead by police marksmen on August 4 2011.
But a jury of seven men and five women at Snaresbrook Crown Court was unable to reach a verdict after nearly 21 hours of deliberations.

Following the trial, Duggan’s family said they were concerned at how it had been conducted, referring to the claim by the prosecution that Duggan had been holding a gun when he was shot.Deborah Coles, co-director of charity INQUEST, which investigates deaths in custody, said: “Nothing can satisfy family, community and public confidence other than a prompt, open and transparent jury inquest with the full involvement of Mark Duggan’s family. Open justice is of fundamental importance in the case of a man shot dead by police officers.”

TRIAL OF KEVIN HUTCHINSON-FOSTER “FELT LIKE A TRIAL OF OUR BROTHER MARK DUGGAN”

Hannah — Wed, 17 Oct 2012 16:57:32 +0000

17 October 2012

Following the end of the criminal trial of Kevin Hutchinson-Foster, the family of Mark Duggan are very concerned about the way in which the trial has been conducted, including the unjustified and untested claim by the prosecution that Mark was holding a gun when he was shot.

This was the first time that Mark’s family had heard much detail of what allegedly happened to him that day.

The Duggan family was not represented in Mr Hutchinson-Foster’s trial. This means that the evidence at the trial given by the police officers has not been challenged or tested by the family’s lawyers. Further matters that the family would want investigated and questions that they would want answers to have not been addressed.

At times during this hearing it has appeared that it has been Mark Duggan who has been on trial. This is undoubtedly unfair since the family have not had any platform to defend him or his memory.

The family is also very concerned that there may need to be a further hearing which could lead to further delays to the inquest into Mark Duggan’s death.

The lessons from Hillsborough show us more than ever how important a full and thorough investigatory process and inquest is. It is now imperative that the inquest takes place as soon as possible.

It is the family’s position that the inquest should consider two main questions:

(1) Whether Mark Duggan was armed at the point at which he was shot.

(2) Whether it was absolutely necessary for the police to use lethal force.

Neither of these two issues have been decided by this trial.

Shaun Hall, Mark Duggan’s brother said:

“It feels like this has been the Mark Duggan trial except his family has had no representation and without being able to defend himself.

“People have been allowed to say things in court about Mark and what happened that day without being challenged. We heard things that we had never heard before.

“As a family we still are no closer to finding out the truth about why Mark was killed.”

Marcia Willis Stewart, solicitor for Mark Duggan’s family said:

“The evidence and conclusions of this trial should not prejudice and pre-empt the inquest itself.”

Deborah Coles, co-director of INQUEST said:

“Nothing can satisfy family, community and public confidence other than a prompt, open and transparent jury inquest with the full involvement of Mark Duggan’s family. Open justice is of fundamental importance in the case of a man shot dead by police officers.”

Mark Duggan’s family is being represented by INQUEST Lawyers Group members Marcia Willis Stewart of Birnberg Pierce Solicitors, Mike Mansfield QC and Adam Straw of Tooks Court Chambers, and Leslie Thomas of Garden Court Chambers.

Ends

Notes to editor:

1. The pre-inquest review hearing concerning the death of Mark Duggan is taking place on Tuesday 23 October at Barnet Coroner’s Court. It is open to the public.

2. The family will not be giving interviews.

MPs TO DEBATE BAR ON THE ‘USE OF INTERCEPT EVIDENCE IN COURTS AND INQUESTS’ TOMORROW

Hannah — Wed, 17 Oct 2012 11:57:05 +0000

17 OCTOBER 2012

Tomorrow afternoon (Thursday 18 October), MPs will debate a motion put down by Labour MP David Lammy and the Conservative MP David Davis about the use of intercept evidence in inquests. The parliamentary motion “notes with concern that the inquest into the death of Mark Duggan may never commence under the current arrangements for the use of intercept evidence in courts and inquests; and calls on the Government to review its approach to open justice, in particular the use of intercept evidence in courts and inquests”.

Currently, evidence that engages the Regulation of Investigatory Powers Act 2000 (RIPA) cannot be considered by a coroner conducting an inquest into deaths. INQUEST has been calling for reform since it became clear in 2006 that this meant the inquest into the fatal shooting by police of Azelle Rodney could not take place.

INQUEST welcomes this important opportunity to discuss the problem and solutions to the current legal impasse. Our briefing for MPs argues that the law must be amended to allow the disclosure of RIPA material to bereaved families, their legal teams and the jury at an inquest. To address the existing problem, INQUEST has suggested the law is changed so that the newly-appointed Chief Coroner is able to decide whether information contained in intercept evidence is central to the matters that need to be considered at an inquest and to whom it should be disclosed.

The widespread recognition of the need for reform includes INQUEST, the IPCC, the Metropolitan Police, the parliamentary Joint Committee on Human Rights, leading lawyers and civil liberty organisations.

Helen Shaw, Co-Director of INQUEST said:

“This is a timely and important debate and we hope the government will listen carefully to the concerns of MPs who join a wide spectrum of opinion that recognises the need for legislative change so that inquests can consider intercept evidence. The recent appointment of the Chief Coroner means that a simple but urgent change to the law can be made that both protects the public interest and ensures robust and transparent inquests can take place following contentious deaths.”

Ends

Notes to editors:

INQUEST’S briefing is available here

INQUEST is working with both the family of Azelle Rodney (represented by INQUEST Lawyers Group members Daniel Machover, Hickman and Rose solicitors and barristers Adam Straw, Tooks Chambers and Leslie Thomas, Garden Court Chambers) and the family of Mark Duggan (represented by INQUEST Lawyers Group members Marcia Willis Stewart, Birnbergs solicitors and barristers Adam Straw, Leslie Thomas and Mike Mansfield QC, Tooks Chambers).

The Azelle Rodney Inquiry hearings began on 3 September 2012 http://azellerodneyinquiry.independent.gov.uk/

Judicial Review: Metropolitan Police to challenge decision to allow lawyers for family of Azelle Rodney to see sensitive video evidence

Hannah — Wed, 10 Oct 2012 14:16:09 +0000

10.30am Thursday 11 October
Court 1, Royal Courts of Justice

Tomorrow in the Royal Courts of Justice lawyers for the Metropolitan Police Service (MPS) will challenge, by way of judicial review, the decision of the Chairman of the Azelle Rodney Inquiry, Sir Christopher Holland, to allow members of the legal team for Mr Rodney’s mother, Susan Alexander, to see aerial video footage of the two hours prior to the police shooting of Mr Rodney.

The judicial review will be heard tomorrow in the Divisional Court before a panel of three judges LJ Pitchford, Mr Justice Foskett, and the Chief Coroner, HH Judge Peter Thornton QC.

This hearing will examine the right of families via their lawyers to effectively oppose applications by the state to keep sensitive information secret i.e. Public Interest Immunity applications (PII). If the MPS overturn the Chairman’s ruling of 2 October 2012, Susan Alexander’s legal team will not be able to see the footage in order to fully argue against keeping it secret. This will mean there will be no due process in the PII application expected to be heard next week, and add further to the secrecy in this case.

Susan Alexander is represented by INQUEST Lawyers Group members Daniel Machover, partner, and Helen Stone, assistant solicitor, both of Hickman and Rose Solicitors, and Leslie Thomas, barrister, Garden Court Chambers and Adam Straw, barrister, Tooks Chambers.

Inquest into the death of Tony Doherty at HMP Wormwood Scrubs to begin Monday 8 October

Hannah — Wed, 03 Oct 2012 18:18:29 +0000

3 October 2012

10am, West London Coroner’s Court, 25 Bagleys Lane, London SW6 2QA, before Deputy Coroner Jeremy Chipperfield

The inquest into the death of 22 year old Tony Doherty at HMP Wormwood Scrubs opens on Monday 8 October at West London Coroner’s Court.

Tony Doherty was found hanged in his cell in the segregation unit of Wormwood Scrubs prison on 3 December 2010. He had rung his cell bell several times prior to his death but it had been ignored by the prison officer on duty.

The family hopes the inquest will answer questions concerning the events leading up to Mr Doherty’s death, and whether a swifter response to his cries for help could have saved him.

Tony Doherty’s family is being represented by ILG members Clair Hilder of Hodge Jones & Allen, and Jonathan Glasson of Matrix Chambers.

Ends

Deaths in custody lessons are being ignored, says charity (The Guardian)

Hannah — Mon, 01 Oct 2012 10:38:05 +0000

Deborah Coles discusses INQUEST report ‘Learning from Death in Custody Inquests’ on BBC R4 Today (BBC Radio 4) [more...]

Lessons learned from deaths in police and prison custody are being repeatedly ignored or lost because there is no official body to enforce them, according to a charity that supports bereaved families at inquests.

Many coroners’ rule 43 reports, designed to prevent accidents and save lives, have negligible impact because there is no authority charged with ensuring compliance, the organisation Inquest has warned.Its report is launched as deaths in English and Welsh prisons are on an upward trend – having dipped to 155 in 2006, the annual number of fatalities climbed to 189 last year.

Deborah Coles, co-director of Inquest and co-author of the report, said: “The same systemic failings repeat themselves with depressing regularity at inquests into deaths in custody.With the incorporation of deaths in custody into the Corporate Manslaughter Act [2007] there is the need for a statutory mechanism to be put in place that ensures proper monitoring and analysis of narrative verdicts and rule 43 reports to see whether action has been taken to rectify dangerous practices and systems identified during an inquest. This is an important instrument for accountability.”

Deborah Coles discusses INQUEST report ‘Learning from Death in Custody Inquests’ on BBC R4 Today (BBC Radio 4)

Hannah — Mon, 01 Oct 2012 09:12:18 +0000

New report calls for more effective learning from death in custody inquests

Hannah — Sun, 30 Sep 2012 23:01:08 +0000

A week after the appointment of the Chief Coroner, HHJ Peter Thornton, and at a time of renewed interest in the coronial system following the publication of the report of the Hillsborough panel, INQUEST launches a groundbreaking new report ‘Learning from Death in Custody Inquests: A New Framework for Action and Accountability’. The report highlights the serious flaws in the learning process following an inquest into a death in custody or following contact with state agents.

In the report INQUEST’s co-directors Deborah Coles and Helen Shaw argue that the absence of a mechanism to capture and act upon the rich seam of data available from well conducted and costly inquests leads to unnecessary further loss of life. While the coronial service can and does make a vital contribution to the prevention of deaths that input is being undermined, as there are no established mechanisms for monitoring compliance with and or action taken in response to failings identified in narrative verdicts or in response to rule 43 reports. Moreover, there is no obligation for a coroner even to produce a rule 43 report.

Recent death in custody inquests¹ have shown how vital the inquest process is in the identification of failings in custodial health and safety. Yet once the inquest is over there is nothing in place to make sure those failings are addressed and acted upon by the relevant authority. The Prisons and Probation Ombudsman’s recent annual report noted the ‘deeply troubling’ rise in the number of deaths in custody in the past year, the highest since 2004².

The report analysed 50 rule 43 reports received by INQUEST between 2007 and 2009. The analysis reveals a series of trends and patterns that show that the same issues are consistently identified as possibly contributing to the death. These include such issues as failures in communication and recording procedures, healthcare treatment and resources, treatment of those identified as being at risk of self harm, training, cell design, and mental health issues among others³.

Learning is lost by: the inconsistent approach by coroners to the use of their powers to report matters of concern to the relevant authorities; the lack of analysis, publication and dissemination of the reports or narrative verdicts across custodial sectors and the lack of transparency and accountability of the detaining agencies about action taken to rectify identified and dangerous systemic problems.

This presents an overwhelming case for the creation of a new mechanism in the form of a central oversight body tasked with the duty to collate, analyse critically, publish and report publicly on the accumulated learning from coronial narrative verdicts and rule 43 reports and a more co-ordinated response by the regulation investigation and inspection bodies once an inquest has taken place.

Deborah Coles, co-director of INQUEST and co-author of the report said:

“INQUEST’s frustration is with how the same systemic failings repeat themselves with depressing regularity at inquests into deaths in custody.

“A proactive post inquest strategy in response to verdicts and reports and a more co-ordinated and active response by the investigation, inspection and regulation bodies can not only avert future deaths but improve standards of custodial care and ensure that the human rights of detainees are protected. The more effective use of narrative verdicts and Coroners Rule 43 reports is overwhelmingly likely to assist in the saving of lives.

“The appointment of the Chief Coroner presents us with a unique opportunity for real, fundamental reform.

“With the incorporation of deaths in custody into the Corporate Manslaughter Act there is the need for a statutory mechanism to be put in place that ensures proper monitoring and analysis of narrative verdicts and rule 43 reports to see whether action has been taken to rectify dangerous practices and systems identified during an inquest. This is an important instrument for accountability.”

The report was discussed at a high profile seminar held at Matrix Chambers on 27 September and attended by the Chief Coroner, Lord David Ramsbotham, leading lawyers and representatives of the inspection, investigation and regulation bodies.

Lord David Ramsbotham said:

“I warmly welcome this excellent report. I am glad that it coincides with the appointment of the Chief Coroner, Judge Peter Thornton, because his presence and direction will be vital if the overdue improvements, so clearly outlined in the report, are to be brought about.”

The Chief Coroner said:

“This short but well-argued report provides a valuable contribution to the important debate on deaths in custody and how they may be avoided in the future.”

Ends

Notes to editor

1. http://www.inquest.org.uk/press-releases/press-releases-2012/inquest-jury-finds-prisoner-died-following-neglect-at-parc-prison

http://www.inquest.org.uk/press-releases/press-releases-2012/jury-delivers-damning-verdict-over-paul-murphy-death-in-lincoln-prison

http://www.inquest.org.uk/press-releases/press-releases-2012/jury-condemns-actions-of-the-police-and-the-mental-health-trust-in-verdict-over-death-of-sean-rigg

2. Prisons and Probation Ombudsman Annual Report 2011-2012 http://www.ppo.gov.uk/annual-reports.html

3. A graphic example of this is that of HMP & YOI Styal. Six women died there in the 12 months between August 2002 and August 2003. At the conclusion of an inquest into a previous death in Styal prison in 2001 the coroner made a rule 43 report about the need to set up a detoxification regime for women withdrawing from drugs. This was not implemented until after the sixth death had occurred, which was over two years after his report was issued.

4. The report is available for download here

Inquest into death of Jacob Michael in police custody in Runcorn to begin Monday 1 October

Hannah — Thu, 27 Sep 2012 14:05:03 +0000

27 September 2012

9.30am, Monday 1 October 2012
Daresbury Park Hotel, Warrington, Cheshire, WA4 4BB
Before HM Coroner Nicholas Rheinberg

The inquest into the death of Jacob Michael will begin on Monday 1 October at the Daresbury Park Hotel in Warrington.

He was then left face down on the floor of a police cell for several minutes with police officers standing on his legs, where he died.

On the first day of the inquest, the jury will be shown disturbing CCTV film of Jacob Michael being pursued by police officers wielding batons in the street outside his home, being transported in the police van, arriving at the custody suite and then being held face down on the cell floor where he died. More than 60 witnesses are listed to give evidence including Jacob’s mother, civilian eye witnesses and police officers. The inquest is scheduled to last for four weeks.

Jacob Michael’s family hope the inquest will answer serious questions concerning the officers’ actions when they entered his bedroom, the use of force by police in the street, the restraint itself, the failure to treat him as a medical emergency rather than take him to the police station, his treatment in the police station, and the overall attitude of police to a young man who was clearly confused, frightened and unwell.

Ann Michael, Jacob Michael’s mother said:

“My son called the police for help and they sprayed him with pepper spray and arrested him. Two hours later there was a knock on my door by the police to say that he had passed away. He was a fit twenty five year old man. I want to know why. I just can’t understand it.”

Deborah Coles, INQUEST co-director said:

“Yet again, we begin an inquest into a death following restraint in police custody of a young black man. This is a particularly disturbing and distressing death, made all the more so by the existence of CCTV footage for much of his last minutes alive. Serious questions must be asked about how a young man in distress came to be hit with batons, restrained, and disregarded while he lay dying on a police cell floor.

“It is vital both for Jacob Michael’s family and the public that this is a far reaching and thorough inquest into his death.”

Kate Maynard, solicitor instructed by the family, said:

“The family and the local community need to know how and why Jacob died in police hands. The family feels that the IPCC had not adequately investigated Jacob’s death and they now look to the inquest proceedings to get the answers they need”.

The family is being represented by INQUEST Lawyers Group members Adam Sandell of Matrix Chambers, instructed by Kate Maynard of Hickman & Rose Solicitors.

Ends

Inquest examines death of man pepper-sprayed by police (The Voice)

Hannah — Thu, 27 Sep 2012 11:50:32 +0000

(The Voice)

AN INQUEST into the death of a 25-year-old man who was pepper-sprayed by police and held face down by officers will begin next week.

Jacob Mambassa Michael, known as Jake, died on August 22, 2011, after being arrested and restrained by police in Runcorn.

Deborah Coles, co-director of charity INQUEST, has been supporting the family and providing legal assistance. She said: “Yet again, we begin an inquest into a death following restraint in police custody of a young black man.“This is a particularly disturbing and distressing death, made all the more so by the existence of CCTV footage for much of his last minutes alive. Serious questions must be asked about how a young man in distress came to be hit with batons, restrained, and disregarded while he lay dying on a police cell floor.”

Campaigners snubbed by deaths in custody review (The Voice)

Hannah — Wed, 26 Sep 2012 11:59:11 +0000

(The Voice)

CAMPAIGNERS HAVE slammed the Metropolitan Police’s planned review into how officers handle deaths in custody involving people with mental health issues.

Lobby group INQUEST and director of Black Mental Health UK (BMHUK) Matilda MacAttram have branded the move “cosmetic”, arguing they and death in custody families have been locked out.

INQUEST QUESTIONS “GLARING OMISSION” IN METROPOLITAN POLICE REVIEW OF DEATHS IN POLICE CUSTODY

admin — Mon, 24 Sep 2012 14:46:37 +0000

24 September 2012

Today the Metropolitan Police Service (MPS) announced it has commissioned a review into how it responds to people with mental health conditions. The review “will carry out an examination of cases from over the last five years where someone with a mental health condition has either died or been seriously injured following contact with the police” (MPS press release 24 September 2012).

The MPS has said that the review will be conducted by a Commission to be chaired by Lord Victor Adebowale and made up of leading mental health experts including clinicians, NHS Trusts and voluntary sector bodies. However, the eleven member Commission does not include individuals or organizations with specific and detailed knowledge about deaths in custody.

Deborah Coles, Co-Director of INQUEST said:

INQUEST is concerned about the effectiveness of the Metropolitan Police’s review that has been commissioned without any prior consultation or discussion with those best placed to speak from experience: the families and organisations such as INQUEST that work directly with them. The independent experts involved in the review have considerable mental health expertise but there is a glaring omission of anyone with specialist knowledge and a history of work on deaths following police contact.

Following the damning verdict returned at the inquest into the death of Sean Rigg, INQUEST called for a review of how the police and mental health providers work together to respond to people in crisis and in conflict with the law. INQUEST and the families with whom we work want, and would welcome, a rigorous and critical review which draws on recommendations from previous investigations, inquests and reviews and examine what happened to them. Without this expertise, the review may fail to address the serious issues about policing and mental health that have emerged from previous deaths including the use of restraint and the disproportionate number of deaths of young black men.

Marcia Rigg, sister of Sean Rigg, who died in Brixton police station, said:

Since Sean died I have worked alongside other families and the same issues come up time and again. They say they want families involved but failed to consult us in advance or discuss the terms of reference in order for there to be family confidence in the review addressing the issues of most concern to families. My concern is they are trying to avoid dealing with the really important and embarrassing issues about how the police respond to people with mental health problems.

Notes to editors:

Over 30 years, INQUEST has developed a unique understanding of the issues raised by deaths in police custody. Our recent casework with bereaved families has revealed that confidence in the police treatment of people with mental health conditions is at an all-time low. Our case and policy work following some of the most controversial deaths involving the Metropolitan police, from Roger Sylvester’s death in 1999 through to Sean Rigg’s death in 2008 and Olaseni Lewis’ in 2010, gives us a unique insight into this problem.

Following the inquest into the death of Sean Rigg last month INQUEST called for review of the way the police and mental health providers work together to respond to people in crisis and in conflict with the law. INQUEST’s press release can be found here.

Don’t lock us out: campaigners attack review of deaths in custody (The Independent)

Hannah — Mon, 24 Sep 2012 09:38:05 +0000

Campaigners have expressed doubts about the validity of an independent commission to be announced today by Britain’s most senior police officer, into how Scotland Yard deals with people with mental health conditions.

Bernard Hogan-Howe, the Metropolitan Police Commissioner, will unveil a review of cases over the past five years where an individual with a mental illness has died or suffered serious injury following contact with Met officers.
Deborah Coles, a co-director of the campaign group Inquest, said: “The families very much want and welcome an effort to address these tragedies and above all ensure they don’t happen again. What they don’t want is a cosmetic exercise. They want a thorough examination of the issues and the approach so far gives rise to concern.”

Azelle Rodney Inquiry: Update

Hannah — Tue, 18 Sep 2012 10:28:34 +0000

Family lawyers struggle to get questions answered
Fundamental questions raised about admissibility of intercept evidence in criminal court
Gold commander called back to give further evidence on Wednesday

During the first two weeks of the public Inquiry into the death of Azelle Rodney serious concerns emerged both in the evidence about the incident that led to Mr Rodney’s death and about whether the inquiry will be able to adequately and publicly explore all the decisions made in the lead up to the fatal shooting.

The family’s legal team have also had to make substantial legal submissions on the required standards of an article 2, Right to Life, compliant inquiry.

The Inquiry Chair, Sir Christopher Holland, has on a number of occasions refused to allow questioning of surveillance officers on matters that go directly to both the question about whether there was an earlier opportunity to arrest Mr Rodney (while on foot in Harlesden) and thus avoid both the fatal shooting and the use of firearms in a place that potentially put the public at risk (in Hale Lane, Edgware).

Contrary to everything Susan Alexander was told in 2005, it emerged just this month that the head of the surveillance team (A1) called in help from the Air Support Unit of the MPS, yet the Chair refused to allow questions to be put to A1 about how he could have used the aerial support in Harlesden.

The secrecy surrounding this operation, and the attempt to scrutinise the decision making processes and communication that occurred or did not occur between the surveillance teams and the police officers involved in leading the firearms operation, is beginning to reveal a deeply worrying disregard of the degree of risk to all involved and to the public that needs to be fully and robustly examined.

In particular, what is beginning to be revealed is the fundamental problem about the admissibility of intercept evidence in our criminal courts.

As questioning of the surveillance officers has continued, Counsel for the family Leslie Thomas raised the point in an exchange with the Inquiry Chair on 13^th September about the questions he wants to ask that go to the heart of the balancing exercise for state agents. That is, having sufficient evidence to arrest and prosecute offenders on the one hand and the requirement to take steps to preserve life and avoid to the maximum extent possible the risk of shooting suspects during a pre-planned arrest.

For Ms Alexander and the public to understand why Mr Rodney died that day, it is vital that all the actions and decisions taken in the lead up to the hard stop in Edgware are fully explored and all accounts fully examined and questioned.

This week the Inquiry will hear from some of the civilian witnesses to the shooting and hear again from the Gold commander in charge of the firearms operation who gave disturbing evidence to the Inquiry last week.

Witnesses giving evidence this week include:

Additional surveillance officers (Tuesday)

Members of the public who witnessed the shooting (Tuesday -Wednesday)
Peter South ‘Gold’ (Wednesday)
Wesley Lovell and Frank Graham – the two other occupants of the car Azelle Rodney was travelling in (Thursday)

No full misconduct hearing as PC Simon Harwood pleads guilty to charge of gross misconduct

Hannah — Mon, 17 Sep 2012 14:24:03 +0000

17 September 2012

PC Simon Harwood today pleaded guilty to a charge of gross misconduct before a police panel. As a result, a full hearing was not held. The Panel also decided that they would not consider whether the actions of PC Harwood led directly to the death of Ian Tomlinson.

In response, Paul King, Ian Tomlinson’s son said:

“We came here expecting a disciplinary hearing. There has been no hearing. We expected the Met to rule on whether its officer killed Ian. The Met has basically gone ‘no comment’.

“It’s a whitewash. It’s like they have just let PC Harwood resign. The conflicting verdicts of the inquest and criminal court still need to be resolved.

“We haven’t given up, we will now be looking to the civil courts for the final judgment on who killed our dad.”

Deborah Coles, co-director of INQUEST said:

“The anguish this family have been put through for over three years, culminating in this woefully inadequate hearing, only demonstrates yet again the lack of proper and robust mechanisms for holding the police to account both at an individual and institutional level.”

Ends

Letter: Despite Hillsborough, police cover-ups go on (The Independent)

Hannah — Fri, 14 Sep 2012 09:00:20 +0000

Azelle Rodney Inquiry – Deborah Coles interviewed for Channel 4 News [more...]

According to the campaigning charity Inquest, since the Hillsborough disaster there have been 54 people shot dead by the police and 950 people have died in police custody.

The media are still every bit as enthusiastic about endorsing the police’s denigration of those who die as they were then. Look at the cheerful dissemination of the untruths told by the police about Harry Stanley, Jean Charles de Menezes, Ian Tomlinson, Mark Duggan and countless others.

And this is all compounded by a supposed supervision that systematically fails to bring the necessary questioning and sceptical viewpoint. Just as at Hillsborough, so in all these cases, the IPCC and the CPS habitually fail the grieving families who have to battle for years to get any sort of truth or justice, accountability or redress.

CPS to prosecute police officers following restraint death of Colin Holt

Hannah — Thu, 06 Sep 2012 15:53:06 +0000

Thursday 6 September 2012

The Crown Prosecution Service announced today that it would prosecute two police officers following the death of Colin Holt, who died while under police restraint on 30 August 2010.

Mr Holt suffered from mental health problems and had absconded from the hospital where he had been sectioned. Police went to his flat where he was restrained. He subsequently died from positional asphyxia.

The officers have been charged with misconduct in a public office.

Deborah Coles, co-director of INQUEST said:

“INQUEST is deeply concerned at the high number of police related deaths of people with mental illness in circumstances involving the use of restraint.

“Charges in these cases are rare. We hope that there will be proper effective scrutiny of the police actions in this tragic death and that they are properly held to account.”

Ends

Notes to editor:

1. The IPCC’s recently published statistics on deaths in police custody for 2011/12 revealed that nearly half (7 out 15) of those who died in or following police custody were identified as having mental health problems http://www.ipcc.gov.uk/en/Pages/reports_polcustody.aspx.

2. INQUEST is working the family of Colin Holt. The family is being represented by Mark Scott of Bhatt Murphy Solicitors.

Free one day seminar for bereavement agencies working with people affected by the inquest system in Leeds 13 September

Hannah — Thu, 06 Sep 2012 15:01:28 +0000

Do you work for a bereavement organisation helping people who are going through the inquest system? Would you be interested to learn more about the process and how it affects families? INQUEST is running a free seminar on Thursday 13 September 2012 at The Carriageworks in Leeds (The Electric Press, 3 Millennium Square, Leeds, LS2 3AD).

The seminar aims to provide bereavement agencies with a greater understanding of how the inquest system and investigative process impacts bereaved people. By the end of the seminar participants will have gained an understanding of:

What inquests are and what they do (including official investigations)
How the inquest system can affect the grieving process
The experience of attending an inquest from personal family testimony and INQUEST’s casework
How appropriately timed interventions can improve the service provided to bereaved people
How best practice initiatives from other bereavement organisations can be integrated into their own work with bereaved people

Who should attend

Staff from bereavement agencies who either work directly with bereaved people and/or those who have a responsibility for managing or co-ordinating this provision.

Seminar Structure

The seminar will start at 11.00am and finish by 4pm. The day will consist of facilitator led discussion, small group discussion, and personal testimony from a family INQUEST has worked with. In addition INQUEST staff will share some of their own experience and knowledge with the group. There will be ample opportunity for participants to meet others in attendance and to share examples of good practice.

Feedback from previous seminars

“Thank you very much for a very informative and helpful day. It has given me much food for thought on taking our service forward to help our clients”

“Really good day – very well presented with lots of useful information”

“Excellent seminar for such a complex subject matter. Extremely knowledgeable speakers”

To book, please email anna@inquest.org.uk

Azelle Rodney death: Police ‘shot suspect six times’ – Deborah Coles interviewed for BBC News

Hannah — Thu, 06 Sep 2012 12:05:29 +0000

(BBC News)

A suspect was shot six times by an armed officer within seconds of a police car pulling up beside a vehicle he was in, a public inquiry has heard.

Azelle Rodney, 24, from west London, was “killed instantly” when officers carried out a “hard stop” on a VW Golf in Edgware, north London, in 2005.

The Met police officers thought he and two others were on their way to commit an armed raid, the inquiry heard.

The inquiry is being held because an inquest could not see all the evidence.

June Kelly reports.

Armed police officer shot a suspect six times – Deborah Coles interviewed for ITV News on Azelle Rodney Inquiry

Hannah — Thu, 06 Sep 2012 12:02:34 +0000

(ITV News)

An armed police officer shot a suspect six times, killing him instantly – within a second of pulling up alongside the car he was in. Azelle Rodney died in Edgware in April 2005.

But it’s only now, seven years later – that details about his death are coming under scrutiny at an inquiry, which is the first of its kind.

Phil Bayles reports.

Azelle Rodney Inquiry – Deborah Coles interviewed for Channel 4 News

Hannah — Thu, 06 Sep 2012 11:44:23 +0000

Sean Rigg inquest: why this case is critical for ethnic minority service users – Deborah Coles writes for The Solution Magazine

Hannah — Wed, 29 Aug 2012 15:53:23 +0000

This article is taken from the August/September edition of The Solution Magazine, published by Black Mental Health UK.

By Deborah Coles, INQUEST co-director

Sean Rigg was a talented musician and one of five siblings. He had suffered from severe mental illness for 20 years and had a formal diagnosis of schizophrenia. He was living in a high support community mental health hostel. His family were intensely involved with his life and his mental health care.

From the day the family were told he had died in police custody in August 2008 they dedicated the next four years to a long and painful journey to uncover the truth, however distressing and shocking, about what had happened to Sean. It was only because of their relentless and dogged determination and that of their legal team, that the litany of preventable failings by South London and Maudsley NHS Trust (SLAM) and the Metropolitan Police Service (MPS) was uncovered. How Sean was in mental health crisis without any mental health act assessment taking place. How he was restrained in the prone position by police for eight minutes despite being handcuffed. How he was left dying and half-naked on the floor of a police van and on the cold concrete ground of the police station, and not taken to an A and E department or a Section 136 suite

The thorough public scrutiny afforded his death by the recent seven week inquest is a timely reminder of the important role of juries as a proper check and balance against the control and power of state agents. The jury’s highly critical narrative verdict found that multi agency failings and ‘unnecessary and unsuitable’ force had been used which contributed to his untimely and premature death.

Sadly the death of Sean Rigg is not an isolated case and is reminiscent of previous deaths that have raised widespread parliamentary and public concern. INQUEST has monitored how deaths involving the use of force by state agents have been disproportionately of people from BAME communities and of people with mental health problems.

Following Sean Rigg’s inquest the MPS and SLAM claim ‘lessons have been learned’. This typical institutional response to deaths in custody has to be put to the test with rigour at all levels. Had the changes to training and policy acknowledging the dangers of positional asphyxia and prone restraint that were identified by the inquests and inquiries into the deaths of Rocky Bennett and Roger Sylvester been sustained, then Sean Rigg should not have died in disturbingly similar circumstances.

Whilst the work of the Independent Advisory Panel on Deaths in Custody in these areas is welcome, there appears to be a disconnect between what is enshrined in policy and training and how this translates to policing practice on the ground. Where the claim of learning is not matched by searching inspections, rigorous supervision and monitoring then leaders must be held to account. We need the IPCC and other bodies to carry out fearless independent investigations that are capable of leading to disciplinary or criminal proceedings against those responsible for misconduct. Equally, public institutions must be called to account for their corporate failure to implement required system changes to policy and practice identified following previous deaths.

The individual and institutional neglect uncovered by this inquest should prompt the Home Office and Department of Health to urgently review how the police and mental health providers work together to respond to people in crisis and in conflict with the law. In light of the impact of the economic recession and the consequent cuts to mental health services it is frightening that there is an ever present risk that the systemic failings exposed by this inquest may still be replicated today.

THE VERDICT:

Mental health services failings
•   ‘Inadequate’ response to clear signs that Mr Rigg was relapsing
•   ‘failed to put in place a clear and adequate risk assessment and crisis management plan’
•   SLAM team failed to communicate and involve Sean Rigg’s family
•   Clinical team failed to communicate effectively
•   Failure to undertake a Mental Health Act assessment “more than minimally” contributed to the death.
•   Communication and crises planning between the key stakeholders, the hostel, SLAM and the police were inadequate.

Police failings

•   Responses by the CAD operators to the six 999 calls made by the mental health hostel where Sean was staying were an ‘unacceptable failure’ to act properly.
•   The lack of timely response by police to the calls was found to be ‘unacceptable and inappropriate’.
•   There was a lack of sufficient and effective communication between police at the scene of arrest and with the police station
•   The level of force used whilst he was restrained in the prone position was ‘unsuitable’ and there was an absence of leadership.
•   It was questionable whether police guidelines or training on restraint and positional asphyxia were sufficient or were followed correctly.
•   The police failed to follow the mental health project team Standard Operating Procedure
•   The jury found that the restraint of Sean Rigg lasted approximately eight minutes whilst the handcuffing took approximately thirty seconds.
•   Sean Rigg was in the prone position throughout the whole restraint and that he was struggling but not violently.
•   Restraining him in this way, for this length of time was found to be unnecessary and ‘more than minimally contributed to the death’
•   The police were also criticised for failing at any stage to undertake an assessment of Mr Rigg’s physical and mental condition.
•   The subsequent absence of appropriate care, including keeping Mr Rigg in handcuffs, was unnecessary and inappropriate, more than minimally contributing to his death.
•   The jury found that his physical health continued to decline during his journey in the cage in the of the police van back to the police station and that as he was brought into the cage at Brixton police station he was extremely unwell and was not fully conscious.
•   They concluded that when he was in custody the police failed to uphold his basic rights and omitted to deliver the appropriate care.

Why did police shoot dead unarmed man Azelle Rodney seven years ago? (The Independent)

Hannah — Wed, 29 Aug 2012 15:31:38 +0000

A public inquiry into the death of Azelle Rodney is due to open on Monday, seven years after he was shot at close range six times by an officer known only as E7.

E7′s decision to fire at Mr Rodney was based on intelligence briefings given by E1, the team leader, and in part by Mr Rodney’s movements after the car stopped. But it transpired that there were no rapid fire weapons in the car. Three handguns were found, and the two men in the front of the Golf, Wesley Lovell and Frank Graham, were jailed the following year for possession of firearms and ammunition. We know Mr Rodney was unarmed. The car, which had been under surveillance for some time, moved to “state red” – meaning it should be stopped immediately – just minutes after Mr Rodney had left a barber. We do not know why the police were told to intercept the car at that point.

Helen Shaw, co-director of the campaigning charity INQUEST, said: “The key question that was asked then, and has been asked subsequently but never satisfactorily answered in relation to preplanned and surveillance-based operations that have led to fatal shootings, is why there was no attempt to make an arrest earlier?”

INQUIRY INTO THE FATAL POLICE SHOOTING OF AZELLE RODNEY IN 2005 BEGINS MONDAY 3 SEPTEMBER 2012

Hannah — Tue, 28 Aug 2012 12:24:24 +0000

Monday 3 September 2012
Inquiry Chair: Sir Christopher Holland
Court 80, Principal Registry of the Family Division, First Avenue House, 42-49 High Holborn, London, WC1V 6NP

The full oral hearings for the public inquiry into the fatal shooting by Metropolitan police in April 2005 of Azelle Rodney will begin on Monday 3 September 2012. This is the first time in England that an inquiry has been set up to establish how a person came to their death, replacing the role of the inquest.

Azelle Rodney, a 24 year old black man, died on 30 April 2005 after a police operation in north London in which he was shot six times by a Metropolitan Police Service (MPS) officer. The shooting took place after the car he was in was brought to a halt in a ‘hard stop’ in Edgware, north London, having been under police surveillance for several hours. Two men were later convicted for firearms offences but there was no evidence that Mr Rodney was holding a weapon at the time of the shooting.

Azelle Rodney’s mother, Susan Alexander, has waited over seven years to find out the truth about why her son died. Earlier this year, in a letter to the European Court of Human Rights, the government apologised for the excessive delay, admitting they had breached Ms Alexander’s right to a prompt investigation under Article 2 of the European Convention on Human Rights.

The case has been complicated due to sensitive evidence relating to the police operation, which Ms Alexander believes is subject to the Regulation of Investigatory Powers Act 2000 (RIPA). Evidence that is subject to RIPA is not able to be heard in the context of an inquest, which is a fully public hearing. After years of parliamentary wrangling it was finally announced in March 2010 that a public inquiry would replace the inquest into the fatal shooting. However the family do not know how public it will be.

Susan Alexander, mother of Azelle Rodney, said:

“Waiting for so long to hear the evidence about the death of my son, Azelle Rodney, has had a profound effect on my life for the past seven years. I don’t think I will ever recover from it, as it has had such a big impact on my state of mind, my work (when that has been possible), home, social and family life. No one should have to wait for so many years to find out why their son or daughter died at the hands of the police.

“I hope the admission to the European Court of Human Rights by the Government in February 2012 that my human rights have been violated by the failure to hold a prompt investigation into Azelle’s death indicates that a much bigger effort will be made in future to avoid long delays in other cases.

“With the evidence finally being heard from 3 September, my main concern now is to see a robust, effective and transparent Inquiry. Everyone needs to know what happened on 30 April 2005 and why my son died that day.”

Helen Shaw, co-director of INQUEST said:

“Finally after years of being embroiled in a political controversy Susan Alexander will hopefully have the opportunity to find out why her son was shot dead by a Metropolitan police officer. His death is one of a number of fatal shootings by police that have raised profound concerns about possible operational and intelligence failings and about the quality of the investigations conducted by the Independent Police Complaints Commission.

“Despite the lack of a jury, and the appalling delay that Susan Alexander has had to endure, we really hope this inquiry can both establish the facts about Azelle Rodney’s death, and thoroughly examine the broader issues relating to the planning and control of police firearms operations.”

Ends

Notes to editor:

1.A full briefing on Azelle Rodney’s case is available here

2.Susan Alexander is represented by INQUEST Lawyers Group members Daniel Machover, partner, and Helen Stone, assistant solicitor, both at Hickman and Rose Solicitors and Leslie Thomas, barrister, Garden Court Chambers and Adam Straw, barrister, Tooks Court Chambers.

3.Neither Susan Alexander or her lawyers will be making any further comment at this stage.

4.Azelle Rodney Inquiry website: http://azellerodneyinquiry.independent.gov.uk/index.htm

Sean Rigg public memorial event to be held at Lambeth Town Hall, Tuesday 21 August

Hannah — Mon, 20 Aug 2012 11:09:24 +0000

A public memorial meeting to mark the fourth anniversary of the death of Sean Rigg, who lost his life in police custody in 2008, will be held at Lambeth Town Hall on Tuesday 21st August 2012 at 6.30pm.

Organised by the Sean Rigg Justice and Change Campaign in association with Black Mental Health UK, this meeting marks the first public event where the Rigg family will be able to inform the community, who have supported them throughout their campaign, about the changes they would like to see in the wake of the high profile inquest verdict into their brother’s death.

The verdict highlighted a catalogue of failures by both statutory mental health services and the police in their dealings with the musician and songwriter.
The Rigg family are aware of similar tragedies that have occurred involving the police and mental health services since their brother’s death, and say that this is evidence that lessons from these fatalities have not been learnt. They want to see wholesale reform in the way the police and mental health services treat mental health service users in order to ensure that such painful tragedies do not occur again.

With detention rates under the Mental Health Act 44% higher among people from the UK’s African Caribbean communities than their white counterparts, the family have teamed up with campaign group Black Mental Health UK in organising this event, which will also serve as a forum to raise awareness and address the stigma associated with this health condition.

Marcia Rigg-Samuel, sister of Sean Rigg said: ‘This public memorial is not only to remember and celebrate Sean’s life, but is also aimed to bring this very serious issue to the forefront of the community’s minds, as it affects us all. The compelling evidence against Sean’s mental health care team SLAM and Brixton police emphasises the urgency for improvement and change on a national level regarding deaths in police custody and mental health. We urge parliament to now take the opportunity to address these shameful and unnecessary deaths. Deaths like these should never happen.’

Matilda MacAttram, director of Black Mental Health UK said: ‘Sean Rigg’s experience in many ways typifies the experience of people from the UK’s African Caribbean communities who use mental health services as they are 50% more likely to be referred to these services via the Police. We hope it that this memorial will keep the spotlight on this area of healthcare, which is in urgent need of wholesale reform.’

Deborah Coles, co-director of INQUEST said: ‘This event is an important opportunity to honour all that his family has achieved in their fight for truth and justice. Thanks to their extraordinary resilience and persistence we now know the truth about what happened to Sean. The family require justice and those responsible for Sean’s death must be held to account. We, along with all of those supporting the family, will continue in that fight, and to press for change to stop deaths like this from happening again.’

Ken Fero Film Director Migrant Media said: ‘It is right and fitting that the first public screening of the new film ‘Who Polices The Police? is screened in Brixton on the anniversary of Sean’s death at the hands of the police. We support the family in their continuing battle for justice.’

Event: Sean Rigg Lambeth Town Hall Public Memorial Event
Date: Tuesday 21st August 2012
Time: Doors open 6.30pm
Meeting starts 7.00 – 900pm
This event will include a screening of the film ‘Who Polices The Police?’ by Migrant Media

Venue: Assembly Room, Lambeth Town Hall, Brixton Hill, London SW2 1RW
Nearest station: Brixton tube station on the Victoria line

INQUEST one-day training Manchester 4 October

Hannah — Fri, 17 Aug 2012 16:01:23 +0000

INQUEST has announced a stellar line up of speakers for our one day training course ‘A guide to inquest law and procedure with a focus on deaths in custody’ in Manchester on Thursday 4 October 2012.

The speakers include:

Deborah Coles
Co-Director, INQUEST

Nigel Meadows
HM Coroner (City of Manchester)

Fiona Borrill
Solicitor (Lester Morrill Yorkshire)

Joanne Kearsley
HM Deputy Coroner (Greater Manchester South District)

Paul Bowen QC
John Hobson
Nick Stanage
Erimnaz Mushtaq
All from Doughty Street Chambers

For more information and to book online please click here. A discount is available for all bookings made before 31 August 2012.

IPCC announces external review of inquiry into death of Sean Rigg (The Guardian)

Hannah — Wed, 15 Aug 2012 13:15:44 +0000

The IPCC has faced repeated criticism from families who have lost loved ones after contact with the police. The criticism has sapped the IPCC’s credibility and it is facing an inquiry from MPs on the home affairs committee.

Helen Shaw of the group Inquest, which campaigns on deaths in state custody, said: “It should not have taken an inquest to discover some basic facts, such as the restraint of Sean Rigg in the prone position lasting several minutes, rather than seconds, according to officer accounts which were accepted by the IPCC.”

Sean Rigg investigation: IPCC announces independent review of its own investigation into the death of a mentally ill man in police custody (The Independent)

Hannah — Wed, 15 Aug 2012 12:20:35 +0000

The Rigg family last night welcomed the independent review. “There has never been any doubt in our minds that the IPCC’s inadequate report of February 2010 reflected an extremely poor and ineffective investigation into Sean’s death.

“The review must be a root and branch examination of the IPCC’s investigation and that it is transparent, robust and effective, so that officers are made accountable for Sean’s death.”

Helen Shaw, co-director of charity INQUEST said: “It should not have taken an inquest to discover some basic facts… Families should not have to rely on their own efforts to make sure the full facts about such deaths are established and those responsible for deaths are held to account.”

IPCC commissions independent review of its investigation into the death of Sean Rigg

Hannah — Wed, 15 Aug 2012 11:38:31 +0000

15 August 2012

In a highly unusual move, the Independent Police Complaints Commission announced today that it has commissioned an independent external review of its investigation into the death of Sean Rigg, at the same time as it publishes its report of that investigation.

The family and INQUEST welcome the decision to hold this review. The IPCC report reflects a deeply flawed investigation. The flimsy findings of the IPCC report are in stark contrast to the highly critical and far reaching findings of the inquest jury which delivered a damning narrative verdict on 1 August 2012.

Central flaws in the IPCC investigation included the failure to secure comprehensive first accounts from any of the relevant officers for over six months, despite the IPCC being in attendance at Brixton police station just hours after Sean Rigg’s death, and the failure to test officer accounts against photographic and CCTV evidence.

Sean Rigg’s family said:

“The family of Sean Rigg are delighted that after listening to and analysing the evidence at Sean’s inquest, a jury of 11 ordinary people found his mental health care team, SLAM, and the officers’ actions ‘more than minimally contributed to his death’. The officers’ actions in particular were severely criticised by the jury.

“There has never been any doubt in our minds that the IPCC’s inadequate report of February 2010 reflected an extremely poor and ineffective investigation into Sean’s death. For the IPCC to conclude in their findings that ‘the officers adhered to policy and good practice by monitoring Mr Rigg in the back of the van’ is absolutely absurd, flies in the face of the evidence and clearly contradicts the jury’s narrative verdict.

“The family therefore welcome an external review of the IPCC’s original investigation by someone that is truly independent. However, we absolutely insist that the review is a root and branch examination of the IPCC’s investigation and that it is transparent, robust and effective, so that officers are made accountable for Sean’s death.”

Helen Shaw, co-director of INQUEST said:

“The contrast between the highly critical inquest jury verdict and the two insubstantial findings of the IPCC report could not be clearer. It should not have taken an inquest to discover some basic facts, such as the restraint of Sean Rigg in the prone position lasting several minutes, rather than seconds according to officer accounts which were accepted by the IPCC.

“The disparity is a clear indication of the wider systemic problems with the poor quality of too many IPCC investigations into deaths in custody. It is vitally important that both the external review of this investigation and the long awaited review of their whole approach to such investigations marks a sea change. Families should not have to rely on their own efforts to make sure the full facts about such deaths are established and those responsible for deaths are held to account.”

Ends

Notes to editor:

1. The full jury verdict is available here

2. The IPCC report is available on their website.

3. The family of Sean Rigg were represented by INQUEST Lawyers Group members Leslie Thomas and Thomas Stoate of Garden Court Chambers and Daniel Machover and Helen Stone of Hickman and Rose Solicitors.

The shameful questions arising from Sean Rigg’s death (The Observer)

Hannah — Sun, 12 Aug 2012 15:02:38 +0000

(The Observer)

The history of deaths in custody has already revealed two things. First, those with mental illnesses who die, such as Sean Rigg, have more often been criminalised than cared for. Second, the Independent Police Complaints Commission and the Crown Prosecution Service are complacent and conformist, working day to day with the police, whom they should hold to account, often making token gesture inquiries that the family, support campaigners such as INQUEST and their own lawyers have to complete themselves.

Why was my brother Sean allowed to die? (The Guardian)

Hannah — Sat, 04 Aug 2012 14:46:28 +0000

Last week, an inquest jury found that the death of mentally ill Sean Rigg in police custody followed the use of unnecessary force. Here, his sister describes her anguish.

‘Without hesitation, we began our own investigation into how Sean died while in the hands of Brixton police. We did not stop until we uncovered everything we possibly could. We got the best lawyers, support and advice from INQUEST, held vigils and marches to bring awareness. We felt we owed it to Sean, as we could see that the police were doing their best to cover things up. We left no stone unturned: we challenged, argued, asked far-reaching and probing questions.’

- Samantha Rigg-David

One year on from the police shooting of Mark Duggan – family statement

Hannah — Fri, 03 Aug 2012 15:32:01 +0000

Friday, 03 August 2012

Pam Duggan, Mark Duggan’s mother, said:

“The past 12 months have been terrible. We still have no answers about why my son died.

“Thirty one police officers surrounded Mark and he was shot twice. Why? Why have none of the police officers given statements, one year on?

“One of the last things my partner, Mark’s dad, said before he died a few weeks ago was that he wanted justice for his son. We still don’t have justice.

“I won’t give up until I get justice for Mark. People need to be held to account for my son’s death. There needs to be a full inquest, in front of a jury of ordinary men and women, to find out the truth.”

Ends

Notes to editor:

1. There will be a private memorial service taking place on Sunday 5 August in Tottenham.

2. The family will not be giving further interviews.

IPCC to investigate claims officer gave false evidence to Sean Rigg inquest (The Guardian)

Hannah — Fri, 03 Aug 2012 14:27:53 +0000

(The Observer – editorial)

Deborah Coles from Inquest, said: “The IPCC investigation was fundamentally flawed from the outset and it is shameful that without the relentless and dogged determination of the family and their legal team, so many of these failures would never have been uncovered.”

The jury found that the Metropolitan police made a catalogue of errors which “more than minimally” contributed to Rigg’s death. Their narrative verdict was one of the most damning in recent times concerning a death in custody.

Letter: Families need backing over custody deaths (The Guardian)

Hannah — Fri, 03 Aug 2012 14:10:58 +0000

(The Guardian)

The thorough public scrutiny by the Sean Rigg inquest is a timely reminder of the important role of the jury as a proper check and balance against the control and power of state agents. The family could not rely on the flawed IPCC investigation that failed to seize crucial evidence or to ask the obvious questions in a timely fashion. It was only because of the family’s determination and involvement and their legal representation that the litany of failings by mental health services and the police was uncovered.

The first anniversary of the shooting by police of Mark Duggan is tomorrow. His family is still waiting for answers from the IPCC investigation, but it has been suggested a jury may be unable to sit in this case due to sensitive evidence. It is essential that the family of Mark Duggan have the same opportunity of a robust scrutiny of the circumstances of his death by a jury that ensures those responsible are held to account.

Deborah Coles and Helen Shaw
Co-directors, Inquest

SEAN RIGG INQUEST: JURY VERDICT

Hannah — Thu, 02 Aug 2012 14:37:15 +0000

Sean Rigg Inquest Verdict

01/08/12

Southwark Coroners Court

The following matters were found

1. Name of Deceased

Sean Nicholas RIGG

2. Injury or disease causing death

Cardiac arrest
Acute arrhythmia
Ischemia
Partial positional asphyxia

3. Time, place and circumstances at or in which injury was sustained

4. Conclusion of the Jury as to the death

Narrative verdict

5. Particulars for the time being required by the Registration Acts to be registered concerning the death

(a) Date and place of birth

11^th February 1968 Birmingham

(b) Name and surname of deceased

Sean Nicholas RIGG

Male

(d) Maiden surname of woman who has married

—

(e) Date and place of death

Twenty-First August 2008

Brixton Police Station [written in - Kings College Hospital, Denmark Hill, Camberwell, London was crossed out]

(f) Occupation and usual address

— Musician [written in]

2b Fairmont Road, Brixton, London

On the 21^st August 2008 20:24, Sean Nicholas Rigg died at Brixton Police station as a result of a cardiac arrest.

Sean Rigg last took his depo on the 20^th June 2008, the dose administered was 50mg Haloperidol which was half the recommended dose for his condition.

On the 11^th August 2008 Sean Rigg displayed clear relapse indicators. Slams Response to these indicators was inadequate. Slam had failed to put in place a clear and adequate risk assessment and crises management plan. Slam failed to communicate and involve Sean Riggs family. The clinical team responsible for Sean’s care failed to communicate effectively amongst members of their own team and with the Fairmount staff.

The good treatment and care of Sean Rigg provided by the Fairmount staff was compromised by their failure to put in place an adequate crises plan. They were not as proactive as they could have been in effective communications with the family of the clinical team.

Communication and Crises planning between the key stakeholders, Penrose, Slam and the Police were inadequate.

Slam had failed to ensure had failed to ensure that their patient Sean Rigg took his medication. Furthermore slams failure to undertake a Mental Health Act (MHA) assessment at or from 11^th August more than minimally contributed to Sean Rigg’s death.

Responses by the CAD operators to calls from staff members at 2B Fairmount Road Hostel on 21^st August 2008 were an unacceptable failure to act appropriately. The lack of timely police responses to calls from Fairmount road Hostel were also unacceptable and inappropriate.

There was a lack of sufficient and effective communication between the police officers at the scene of the arrest. Those Police officers did not communicate sufficiently with the CCC, IBO or the staff at Brixton Police station. The CCC, IBO and staff at Brixton Police station did not sufficiently communicate with the dispatched police officers. The IBO failed to gather crucial information that was readily accessible. This led to missed opportunities to take earlier action. The Police who were aware of relevant information regarding Sean Rigg failed to relay and verify this.

The level of force used on Sean Rigg whilst he was restrained in the prone position at the Weir estate was unsuitable. In addition there was an absence of leadership. This led to a failure to take appropriate control of the situation.

It is questionable whether the relevant police guidelines or training regarding restraint and positional asphyxia were sufficient or were followed correctly.

The restraint of Sean Rigg lasted approximately eight minutes whilst the hand cuffing took approximately thirty seconds. Sean Rigg was in the prone position throughout the entire restraint. The agreed view of the Jury is that Sean Rigg was struggling but not violently. The length of restraint in the prone position was therefore unnecessary. It is the majority view of the Jury that this more than minimally contributed to Sean’s death. The majority view of the Jury is that at some point of the restraint unnecessary body weight was placed on Sean Rigg.

Up to the point of being apprehended by the Police, the condition and behaviour of Sean Rigg was that he was physically well but mentally unwell. The majority view of the Jury is Both Sean’s physical and mental health deteriorated during the period of restraint. The majority view of the Jury is that during the walk to the van Sean Rigg was physically unwell due to oxygen deprivation which occurred during his restraint in the prone position. Sean Rigg was in a V shape position in the foot well of the cage in the Police van. The majority view of the Jury is that he was in this position during the whole time that he was in the cage of the police van (19:50 – 20:03). Sean Rigg’s physical health continued to decline during the journey in the cage of the police van, back to the Police station. Sean Rigg’s mental health was already and continued to be very poor. As Sean Rigg was brought into the cage at Brixton Police station he was extremely unwell and was not fully conscious. Sean was fully unconscious by 20:11.

It was reasonable to expect the police to recognise that there was cause for concern regarding Sean’s mental and physical health. It was reasonable to expect the police to have undertaken an assessment of both Sean’s physical and mental condition; from the point of arrest. No assessment was done of Sean Riggs condition at any time before he became unconscious. There was an absence of actions by the Police and this was inadequate.

The police failed to identify that Sean Rigg was a vulnerable person at the point of arrest and he was therefore taken back to the police station instead of an Accident and Emergency department or Section 136 Suite, despite information about him being readily available and accessible. The Police failed to follow the Mental Health Project Team Standard Operating Procedure.

From 19:53 – 20:03 while Sean was inside the cage of the van, there was a lack of care by the police. Whilst in the cage of the Police station from 20:03 – 20:13 there was an absence of appropriate care and urgency of response by the Police which more than minimally contributed to Sean Rigg’s death. Both the action and decision of the police to stand Sean Rigg up unacceptable and inappropriate. Leaving Sean Rigg in handcuffs was unnecessary and inappropriate.

The views expressed by the police officers that Sean was violent and possibly not unwell, deprived Sean of the appropriate care needed and there was a failing to secure an ambulance as quickly as possible.

Whilst Sean Rigg was in custody the Police failed to uphold his basic rights and omitted to deliver the appropriate care.

Despite the efforts of the police to resuscitate Sean Rigg using CPR, and later the efforts of the London Ambulance Service and Kings College Hospital, Sean Rigg had already died at 20:24 at Brixton Police Station.

JURY CONDEMNS ACTIONS OF THE POLICE AND THE MENTAL HEALTH TRUST IN VERDICT OVER DEATH OF SEAN RIGG

Hannah — Wed, 01 Aug 2012 15:53:56 +0000

1 August 2012

The jury has delivered a damning and substantial narrative verdict following the death of Sean Nicholas Rigg at Brixton police station on 21 August 2008. They found that the cause of death was `1a cardiac arrest, 1b acute arrhythmia, 1c ischemia, 1d partial positional asphyxia’ and that he died at Brixton police station as a result of a cardiac arrest.

In the jury’s findings on the actions of the South London and Maudsley NHS Trust (SLAM), they found that SLAM ‘had failed to ensure that their patient Sean Rigg took his medication. Furthermore SLAM’s failure to undertake a Mental Health Act assessment at or from the 11 August more than minimally contributed to the Sean Rigg’s death’.

The jury found that the ‘the level of force used on Sean Rigg whilst restrained in the prone position…was unsuitable’ and that it was ‘questionable whether relevant police guidelines regarding restraint and positional asphyxia were sufficient or followed correctly’.

They found that the restraint lasted approximately 8 minutes, and that Sean Rigg was in the prone position ‘throughout the entire restraint’. The length of restraint in the prone position ‘was therefore unnecessary’.

The majority view of the jury was that the restraint ‘more than minimally contributed to Sean Rigg’s death’.

They also found that the police ‘failed to identify that Sean Rigg was a vulnerable person at point of arrest’ and he was therefore taken to the police station instead of an A&E department or Section 136 suite, ‘despite information about him being readily available and accessible’.

Whilst Sean Rigg was in custody ‘the police failed to uphold his basic rights and omitted to deliver the appropriate care’.

Deborah Coles, co-director of INQUEST said:

“Sean Rigg was a vulnerable man in need of help and protection and yet he was failed by all those who should have been there to protect him.

“The inquest uncovered a litany of appalling failures by mental health services and the Metropolitan Police, outlined in the damning jury narrative.

“It also raises serious concerns about policing culture and practice where a man so obviously unwell was restrained in the prone position for eight minutes, became unresponsive, and yet was taken to a police station rather than a hospital, and left to die on the floor.

“Time and again we’re told that ‘lessons will be learned’ and yet we see the same poor practice and system failures.

“A system that is not seen to deliver justice will continue to undermine public trust and confidence. As in other similar cases no police officer has lost their job, faced misconduct action or been prosecuted.

“Equally, public institutions must be called to account for their corporate failure to implement required systems changes identified following previous deaths.

“The IPCC investigation was fundamentally flawed from the outset and it is shameful that without the relentless and dogged determination of the family and their legal team, so many of these failures would never have been uncovered.

“INQUEST’s casework demonstrates that people with mental health problems and/or from black and minority ethnic communities are disproportionately represented in deaths in contentious circumstances involving the police.

“The individual and institutional neglect uncovered by this inquest should prompt the Home Office and Department of Health to urgently review how the police and mental health providers work together to respond to people in crisis and in conflict with the law.

“It is frightening that the callous indifference shown by the police to a vulnerable, mentally ill black man may still be replicated today.”

Sean Rigg’s family said:

“Sean was a fit and healthy man who died less than an hour after being picked up by the police. Nothing will bring him back but we want to know that justice will be done. Those responsible must be held to account for Sean’s death.”

The Rigg family full statement can be accessed online here

Ends

Notes to editor:

1. Further information on Sean’s case can be found here

2. Statistics gathered from INQUEST’s Casework and Monitoring show that a disproportionate number of those who die in police custody following the use of force are from black and minority ethnic communities (BAME). In 2011, BAME deaths accounted for 38% of all deaths in police custody.

3. The IPCC’s recently published statistics on deaths in police custody for 2011/12 revealed that nearly half (7 out 15) of those who died in or following police custody were identified as having mental health problems.

4. The death of Sean Rigg in 2008 has alarming echoes of the shocking circumstances of the death in 1998 of Christopher Alder. Like Christopher Alder, CCTV footage showed Sean Rigg dying on the floor of a police station surrounded by police officers. Further information about his case is here

SEAN RIGG INQUEST VERDICT: FAMILY STATEMENT IN FULL

Hannah — Wed, 01 Aug 2012 15:10:09 +0000

“Sean was a wonderful, talented and caring brother and son. For years he had lived with schizophrenia. He was under the care of the South London and Maudsley NHS Trust, and known by Brixton police to have mental health issues.

“We have sat through a long and painful seven weeks reliving the final days and hours of Sean’s precious life. This pain has been compounded by officers at best misleading the jury and at worst lying under oath. The evidence we have heard has left us in no doubt that Sean died as a result of the wilful neglect of those who were meant to care for him and keep him safe. If the South London and Maudsley Trust had done their job properly and provided the care and help that Sean urgently needed, he would be alive today. If the police had not ignored repeated 999 calls from the hostel, and taken Sean to the hospital as they should have done, he would be alive today.

“It was perfectly apparent to ordinary members of the public that Sean was having some kind of mental crisis on the 21^st August 2008, when the police were called for help. When the police did eventually arrive they restrained him, arrested him for theft of his own passport, put him in the back of a police van, drove him with sirens, not to the hospital for urgent medical care, but to Brixton police station, left him in a perspex cage in the van and finally brought him to the caged area at the back of the station where he died on a concrete floor, surrounded by police officers.

“Sean was a fit and healthy man who died less than an hour after being picked up by the police. Nothing will bring him back but we want to know that justice will be done. We want to know that those responsible will be held to account for Sean’s death.

“We feel utterly let down by the Independent Police Complaints Commission investigation into Sean’s death which was inadequate and obstructive from the start. Until it is fundamentally reformed, the IPCC will remain incapable of exposing the truth when people die in police hands.

“We call for the Crown Prosecution Service to look at the damning evidence that has come to light in this case and demand a prosecution of those responsible for Sean’s death.

“We call for an urgent public inquiry to establish why the system in this country consistently fails to deliver justice to the many families whose loved ones have died in police custody. We want to know why, last year, over half the people who died following contact with the police had mental health issues and why, like Sean, over half died in circumstances involving restraint. We want to know why there was also such a sharp rise in the number of black men who died following police contact. We want to know why our system allows officers to continue in their jobs when someone has died in their care and why not one successful prosecution has taken place in this country since 1986.

“Until we have justice there will be no peace for us or the many other families we stand with.

“We would like to thank all of those who have helped and supported us in our long and hard fight for the truth.

“We will continue to fight for justice for Sean.”

New edition of Inquest Law Magazine out now

Hannah — Wed, 01 Aug 2012 10:54:31 +0000

The latest edition of Inquest Law magazine has now been published and is available to subscribers.

Focusing on deaths in mental health settings, Inquest Law 24 features guest articles from Paul Bowen QC, Professor Philip Leach and Deborah Coles discussing recent developments and policy concerning Article 2. These include the recent ruling in Rabone, an update on the mental health stream of the work of the Independent Advisory Panel on Deaths in Custody, and issues relating to the lack of an independent body to investigate deaths in mental health settings.

The issue also features a substantial collection of casenotes written by leading lawyers in the field. As well reporting on significant recent inquests held into mental health deaths, they also include notes on deaths in prison and police custody, and a special casenote on the inquest into the death of Gareth Williams, the MI6 employee found dead in a holdall at his home in London.

If you would like to subscribe, please click here. Copies of the current issue are available to purchase individually at a cost of £30. Back copies are available for £15. If you would like to purchase the current edition, please contact us.

A reformed, ethical police force is long overdue (The Observer)

Hannah — Mon, 23 Jul 2012 10:15:51 +0000

If it were not for the admirable determination of the Tomlinson family, their lawyers, the campaigning charity INQUEST and the video footage of a lay witness, the Crown Prosecution Service, the IPCC and the Metropolitan police would have succeeded in avoiding an investigation into Mr Tomlinson’s death by suggesting that he had died of natural causes. As Deborah Coles of INQUEST points out, the police watchdog’s failure to treat the police version of events with “a healthy degree of scepticism” is detrimental to its independence and credibility.

The police work in a world of ‘clear-up rates’. So why aren’t they bothered about this one… 1,433 deaths, no convictions (Mail on Sunday)

Hannah — Mon, 23 Jul 2012 10:09:10 +0000

(Mail on Sunday)

The charity INQUEST, which works with bereaved families, tells us there have been 1,433 deaths following police ‘contact’ since 1990. ‘Contact’ includes deaths in custody, road traffic incidents, pursuits and shootings. Not a single police officer has been found guilty of manslaughter. Not one.

Ian Tomlinson case: tried – and failed (The Guardian)

Hannah — Fri, 20 Jul 2012 16:45:08 +0000

(The Guardian – Editorial)

Ian Tomlinson case: tried – and failed. Having been clouded from the beginning, the Tomlinson case ends up in a legal lacuna with scant chance of escape

‘The family’s frustration is part of a pattern. The campaigning group INQUEST has tallied 1,500 deaths following police custody or contact since 1990, not one of which has resulted in an officer being convicted of manslaughter.’

Simon Harwood is just the latest police officer found not guilty (The Guardian)

Hannah — Fri, 20 Jul 2012 16:41:23 +0000

(The Guardian – Comment Is Free)

Deborah Coles, co-director of INQUEST has described the Harwood verdict “as a damning reflection of the systemic problems inherent in the current investigation system … It is vital that the rule of law is upheld and applies equally to all, including police officers, and that they do not believe that they can act with impunity.” Harwood was found not guilty by a majority of the jury, but we should be pleased that at least the case was heard – thanks not to a government or criminal justice system determined to hold police officers responsible for their actions, but to the perseverance of the Tomlinson family in their pursuit of justice.

Call this justice? “Red mist” police officer with string of violence accusations is cleared of manslaughter (Daily Mirror)

Hannah — Fri, 20 Jul 2012 16:35:53 +0000

Call this justice? “Red mist” police officer with string of violence accusations is cleared of manslaughter (Daily Mirror) [more...]

Ian Tomlinson’s family call verdict on PC Simon Harwood a ‘joke’ (Daily Telegraph)

Hannah — Fri, 20 Jul 2012 16:33:17 +0000

(Daily Telegraph)

Deborah Coles, co-director of Charity INQUEST, which has been supporting the family, said: “This verdict is a damning reflection of the systemic problems inherent in the current investigation system where deaths following police use of force are not treated as potential crimes.

“This failure has profound consequences on the proper functioning of the justice system in relation to such deaths.

“It is vital that the rule of law is upheld and applies equally to all, including police officers, and that they do not believe that they can act with impunity.

“For too long there has been a pattern of cases where inquest juries have found overwhelming evidence of unlawful and excessive use of force or gross neglect and yet no police officer either at an individual or senior management level has been held responsible.”

Simon Harwood cleared of killing Ian Tomlinson, but questions remain (The Guardian)

Hannah — Thu, 19 Jul 2012 16:37:14 +0000

Deborah Coles, from the charity INQUEST, called the verdict “a damning reflection of the systemic problems inherent in the current investigation system where deaths following police use of force are not treated as potential crimes”.

Ian Tomlinson family statement and solicitor reaction following PC Simon Harwood not guilty verdict

Hannah — Thu, 19 Jul 2012 15:30:41 +0000

Thursday 12 July 2012

Tomlinson Family statement following PC Simon Harwood not guilty verdict:

In April 2009, along with everyone else, we saw the shocking video of Ian being violently assaulted by PC Harwood just minutes before he died.

After the unlawful killing verdict at the inquest last year – we expected to hear a guilty verdict today. The NOT guilty verdict really hurts.

But this is not the end, – we are not giving up on justice for Ian. There has to be one formal and final answer to the question “who killed Ian?”. And we will now pursue this in the civil court.

The last three years have been a really hard uphill battle. We have had to deal with many obstacles, set backs and emotions on the way. It has been hard to keep going sometimes, it feels hard to keep going today. We do take strength from the support that we receive from so many members of the public. Thank you.

And thank you also to Lucy Apps for the compassion you showed to our dad when you tried to save his life and comfort him on Cornhill that day.

Thank you.

Jules Carey of Tuckers Solicitors said:

“PC Harwood may have been acquitted of manslaughter by this jury, but another jury, at the inquest a year ago, found that Ian Tomlinson had been unlawfully killed. It is impossible for this family to understand these two, apparently contradictory, verdicts.

“Ian Tomlinson’s family have not given up on justice.”

Ends

INQUEST’s response to the verdict, including background information, can be found here

INQUEST RESPONSE TO ACQUITTAL OF PC SIMON HARWOOD ACCUSED OF MANSLAUGHTER OF IAN TOMLINSON

Hannah — Thu, 19 Jul 2012 14:10:26 +0000

Thursday 19 July 2012

PC Simon Harwood was today found not guilty of the manslaughter of Ian Tomlinson

Deborah Coles, co-director of INQUEST said:

“This verdict is a damning reflection of the systemic problems inherent in the current investigation system where deaths following police use of force are not treated as potential crimes. This failure has profound consequences on the proper functioning of the justice system in relation to such deaths.

“It is vital that the rule of law is upheld and applies equally to all, including police officers, and that they do not believe that they can act with impunity.

Ends

Notes and background:

1. INQUEST’s briefing on the death of Ian Tomlinson is available here

2. Unlawful killing verdicts and prosecutions:

INQUEST’s monitoring has shown how the state uses the inquest rather than criminal prosecution and trial for the public examination of deaths in custody. It is extremely rare for there to be a prosecution after a death in custody even where there has been an inquest verdict of unlawful killing. Thanks to video footage of Ian Tomlinson being struck down people were able to witness this abuse of power first hand and as a result of the family’s legal representation from the outset the evidence gathered to force the CPS to act.

No police officer has ever been convicted of manslaughter in modern history. There have been attempts to prosecute police in 6 cases since 1990, none of which have been successful. Since 1990 unlawful killing verdicts have been returned in nine deaths in police custody/following police contact cases. The verdict of unlawful killing can only be returned on the criminal standard of proof where a jury is sure beyond reasonable doubt that the death was the result of gross negligence manslaughter or murder.

For full data see our section of our website on unlawful killing verdicts and prosecutions

There is a lack of proper data concerning police prosecutions (in particular for lesser offences). According to the IPCC’s Deaths in Custody study published in 2010, in the 10 years leading up to 2010 just 1 civilian member of police staff was found guilty of misconduct and given a six month sentence. There were no other successful prosecutions during this period.

There have been nearly 1500 deaths in police custody or following police contact since 1990, according to INQUEST casework and monitoring.

3. Institutional and systemic issues

INQUEST’s monitoring has revealed an institutional unwillingness to approach these deaths as if a crime has been committed which affects the whole process from the investigation carried out by the police (who may not even define the place of death as a crime scene) through to the considerations by the Crown Prosecution Service (CPS). This approach also contributes to a culture of impunity within the police force, borne out by inquests into deaths in police custody time and again.

This sends a clear message to police officers and other detaining agents that when deaths occur as a result of their acts or omissions they will not be called to account. Through this process the perception is created that state agents are above the law. This is one of the most contentious issues in relation to the approach of the criminal justice system to all deaths in custody.

INQUEST has highlighted how deaths in police custody or following police contact are not routinely treated as a criminal investigation as if a crime may have been committed There is therefore no crime scene, no questioning of protagonists under caution or witnesses and no forensic investigation. Without this evidence it severely limits the power to prosecute.

4. Public and community relations

Deaths involving the use of force by police officers have been by their very nature the most controversial and their impact on police and community relations in particular has been profound resulting in a lack of confidence and mistrust of the police complaints system and considerable public anger about the use of unlawful or excessive force.

5. INQUEST has been working with the family of Ian Tomlinson since his death through the subsequent inquest and trial.

Jimmy Mubenga deportation death: No charges brought (BBC News Online)

Hannah — Tue, 17 Jul 2012 16:28:40 +0000

(BBC News Online)

Deborah Coles, from INQUEST, said: “Yet again, there is a failure of the state to prosecute following the use of force.

“This is a shameful decision that flies in the face of the evidence about the dangerous use of force used against people being forcibly removed, and the knowledge base that existed within G4S and the Home Office about the dangers of restraint techniques.”

No prosecution for G4S over deportee death of Jimmy Mubenga (Daily Telegraph)

Hannah — Tue, 17 Jul 2012 16:21:00 +0000

(Daily Telegraph)

Deborah Coles from INQUEST, a charity that examines deaths in custody, said she was “extremely disappointed” by the decision.

She said: “Yet again, there is a failure of the state to prosecute following the use of force.

Jimmy Mubenga decision prompts fresh questions over investigations (The Guardian)

Hannah — Tue, 17 Jul 2012 16:16:02 +0000

The monitoring group INQUEST, which has documented 950 deaths in custody in the last 22 years, but not a single manslaughter conviction, immediately described the decision as “shameful”.

“It once again raises concerns about the quality of the investigations into deaths following the use of force by state agents and the decision-making process of the CPS,” said the group’s co-director, Deborah Coles. “The impetus now must be for a far-reaching, effective and prompt inquest, with the full involvement of his family.”

G4S security guards will not face charges over custody death (The Independent)

Hannah — Tue, 17 Jul 2012 16:07:09 +0000

(The Independent)

INQUEST, which has supported the family, was among a host of human rights groups to react angrily to the news.

“This is a shameful decision that flies in the face of the evidence about the dangerous use of force used against people being forcibly removed,” said its co-director Deborah Coles.

INQUEST, family and solicitor response to CPS decision not to prosecute G4S security guards involved in death of Jimmy Mubenga

Hannah — Tue, 17 Jul 2012 10:08:22 +0000

Tuesday 17 July 2012

Makenda Adrienne Kambana, Jimmy Mubenga’s wife said:

“We are distraught my husband has been taken away from me and my children have lost their father. He was crying for help before he was killed. We can’t understand why the officers and G4S are not answerable to the law as we or any other member of the public would be.”

Deborah Coles, co-director of INQUEST said:

“We are extremely disappointed by this decision. Yet again, there is a failure of the state to prosecute following the use of force.

“This is a shameful decision that flies in the face of the evidence about the dangerous use of force used against people being forcibly removed and the knowledge base that existed within G4S and the Home Office about the dangers of restraint techniques. It once again raises concerns about the quality of the investigations into deaths following the use of force by state agents and the decision-making process of the CPS.

“The impetus now must be for a far reaching, effective and prompt inquest, with the full involvement of his family. There must be full, open and public scrutiny of all the events that led to his death at the hands of private G4S security guards.”

Mark Scott of Bhatt Murphy the family’s solicitor said:

“The family are devastated that the circumstances of Mr Mubenga’s death and the people restraining him will not be called to explain their actions in criminal proceedings. The DPP’s decision not to prosecute is deeply troubling. The evidence is that Mr Mubenga died after crying for help whilst under restraint. This is not capable of being determined behind closed doors without a full examination of the witnesses and the medical evidence. It is a surprise and shock that the DPP has not learned the lessons of earlier decisions and still sees fit to act as judge and jury rather than allowing the normal path of criminal justice to be followed.”

Ends

Notes to editors:

1. Jimmy Mubenga died whilst being restrained during a removal from the UK on 12 October 2010. He was being escorted by three private security guards working for Group 4 Services (G4S) contracted by the UK Border Agency (UKBA).

A full briefing on his death is available here

INQUEST evidence to the Home Affairs Select Committee inquiry into the IPCC is published

Hannah — Fri, 13 Jul 2012 11:10:21 +0000

12 July 2012

INQUEST’s evidence to the Home Affairs Select Committee inquiry into the Independent Police Complaints Commission has been published on their website, along with 26 other submissions.

Our written evidence is available on our website here. INQUEST is due to give oral evidence in the Autumn.

All the evidence is available to read on the Inquiry website

Victims and Witnesses: government overlooks needs of families bereaved as a result of state actions

Hannah — Thu, 12 Jul 2012 10:30:42 +0000

The government has published its response to their consultation “Getting it right for victims and witnesses”. Despite a strong submission from INQUEST, the government failed to address the experiences of those bereaved families who are the victims of deaths involving the state.

INQUEST welcomed the recognition in the consultation that families bereaved by murder or manslaughter and other violent crimes require special significant support. We noted that families whose relatives have died at the hands of the state or state agents, such as victims following police use of force, fall within this category. As such, they should be equally entitled to support and services provided to victims of homicide committed by members of the public. It is regrettable that the government’s response failed to acknowledge or address this anomaly.

We had also criticised the focus on ‘victim’s needs’ in the context of the criminal justice system. For many bereaved families, the coronial system plays as crucial a role as the criminal justice system. By not recognising that following a sudden or unnatural death (including murder and manslaughter) there will be an inquest and that, in many cases, this may be the only opportunity for the families of the deceased to find out about the circumstances of their relatives’ deaths, the proposals fail to address the reality of bereaved families’ experiences.

Our submission can be read here.

INQUEST responds to government announcement of new system of restraint for young offenders

Hannah — Wed, 11 Jul 2012 11:46:07 +0000

11 July 2012

The government has formally announced the publication of a new system of restraint for use in Secure Training Centres and Young Offender Institutions, entitled ‘Minimising and Managing Physical Restraint’.

It has also announced a replacement for the Restraint Advisory Board, the Independent Restraint Advisory Panel.

Deborah Coles, INQUEST co-director said:

“It should not be forgotten that this had to come about as a result of the deaths of two children, Gareth Myatt and Adam Rickwood nearly eight years ago in the most shocking circumstances.

“Despite the Ministry of Justice stating that restraint was only ever used as a last resort, sadly history has shown this not to have been the case and that children were being routinely and unlawfully restrained.

“The gross failings in the monitoring and regulation of restraint of children must now be addressed through the utmost vigilance of how this new system is implemented, monitored and inspected.

“The litmus test of the changes announced yesterday will be that the restraint of children becomes an extremely rare occurrence.”

Ends

Full details of the new system can be found here

INQUEST response to IPCC statistics on deaths during or following police contact 2011-12

Hannah — Mon, 09 Jul 2012 12:11:41 +0000

Monday 9 July

The Independent Police Complaints Commission (IPCC) has published its statistics for deaths during or following contact with the police from April 1 2011 – March 31 2012, available here.

In response , Deborah Coles, co-director of INQUEST said:

“The figures reveal a disturbing number of people who despite being clearly vulnerable or in distress have been taken into police custody rather than to a hospital or specialist mental health unit. This reflects INQUEST’s ongoing concerns about the way people with mental health issues are dealt with by the police, many of which are being scrutinised currently at the inquest into the death of Sean Rigg.

“We have raised this issue time and again. Urgent questions must be asked as to why such extremely vulnerable people are ending up in police cells which are so clearly inappropriate and dangerous places for them.

“The figures also highlight a disturbing number of restraint-related deaths. The dangers of restraint techniques have been well-documented as a result of previous deaths, and it is shocking and concerning that over half of those who died in or following police custody had been restrained. The investigations and inquests into these deaths must fully scrutinise the use of force in these tragic cases.

“Whilst there was a fall in the number of deaths in or following police custody or contact with the police there was in fact a rise in these deaths the previous year so we should be wary of viewing this as a continuing trend. What is essential is that these deaths are subjected to robust and transparent investigation in order to ensure those responsible are held to account and action taken to prevent further deaths.”

Ends

INQUEST JURY FINDS PRISONER DIED FOLLOWING NEGLECT AT PARC PRISON

admin — Fri, 29 Jun 2012 15:40:23 +0000

PRESS RELEASE

29 June 2012

A jury at Aberdare Coroners Court has today concluded that 29 year old Shaun Beasley “took his own life in circumstances contributed to by neglect of healthcare and prison”. Shaun was found hanging in his cell at HMP & YOI Parc on 24 August 2010.

The inquest which started on the 25 June was heard before HM Coroner for Bridgend and Glamorgan Valleys District, Louise Hunt, sitting at Aberdare Coroner’s Court.

HMP & YOI Parc is the only private prison in Wales. It is managed by G4 Securicor, and at the time of Shaun’s death healthcare services were contracted out to Primecare Forensic Medical Services, a national provider of primary healthcare services to prisons, police and other forensic establishments. Shaun was highly vulnerable and suffered serious mental ill health. He had a history of self harm and had made several serious suicide attempts.

In May 2007 Shaun was given an indeterminate sentence with a minimum tariff of two years and 145 days. At the time of his death he had served over three years.

He had been informed at a parole board hearing that he would have to complete a course before being eligible for release. Two weeks prior to his death, he was moved from HMP Littlehey, where he had been for two and a half years and was settled, to HMP Parc where he was told he would be able to take the course. Once he had arrived at Parc he was informed the course was not in fact available at the prison, and he would not be able to take it for another 2-3 years.

The evening of his death he rang his family and told them he could not cope any more. The family immediately rang the prison to alert them. Shaun was already on an ACCT document (Assessment, Care in Custody, and Teamwork – the system used for prisoners who are at risk of self harm) and on half hourly observations. Despite the family’s telephone call observations were not increased and he was found hanging in his cell shortly after midnight.

HMP & YOI Parc was the subject of a damning HMIP inspection in September 2010, shortly after Shaun’s death, which found that healthcare services were not being delivered to an acceptable standard. G4S took over healthcare services that month and a decision was taken to close the inpatient unit.

Giving evidence during the inquest, Louise Jeory, employed as Healthcare Manager at the time Shaun’s death, described poor staffing, lack of training, lack of record keeping and low morale when she took up her post in June 2010. She admitted that the healthcare unit was “compromised and unsafe” at the time of Shaun’s death and admitted that a breakdown in systems and a lack of competence of staff had contributed to his death.

Ms Mackenzie of the Health Care Inspectorate Wales, described “chaos and crisis” within Parc’s Healthcare facility. She concluded that Shaun’s death was “foreseeable and preventable” and that the provision of care and treatment by Parc to Shaun Beasley was “grossly inadequate” leading to a systematic failure to protect him from suicide.

Shaun’s family said:

Shaun was dearly loved by his family and his death has left a terrible gap in all our lives. It is painful for us to hear that had Shaun received the care and treatment he should have done, he is likely to still be alive today. We have been told changes have been made at Parc in the wake of Shaun’s death. They come too late for us but we hope other families can be spared the pain and anguish we have had to go through.

Deborah Coles, co-director of INQUEST said:

Shaun’s tragic death was an accident waiting to happen. What is deeply concerning is that Parc’s healthcare was allowed to descend into such a state of chaos. Shaun’s case raises startling similarities to the appalling death of Aleksy Baranovski at Rye Hill in 2006. An inquest in 2009 similarly made damning criticism of the failures of systems, training and communication in the healthcare wing run by Primecare at the time of Aleksy’s death. G4S took over running Rye Hill in 2008. This begs the question, what control and accountability is in place when things go wrong with private contractors? What must happen now is national scrutiny and learning to address these deficiencies.

The family is being represented by Stephen Webber of Hugh James Solicitors.

Ends

Shaun Beasley’s death partly due to neglect, inquest jury rules (The Independent)

Hannah — Fri, 29 Jun 2012 14:05:53 +0000

(The Independent)

Deborah Coles, co-director of Inquest said: “Shaun’s tragic death was an accident waiting to happen. What is deeply concerning is that Parc’s healthcare was allowed to descend into such a state of chaos, again.

“This begs the question, what control and accountability is in place when things go wrong with private contractors? What must happen now is national scrutiny and learning to address these deficiencies.”

Jury returns open verdict on prisoner hanged in cell (The Guardian)

Hannah — Wed, 27 Jun 2012 13:42:21 +0000

INQUEST May e-newsletter is now online [more...]

Deborah Coles, the co-director of campaign group INQUEST, said Osebu’s death was deeply disturbing and suspicious and raised serious concerns about a culture of bullying at Leeds prison.

“In returning this verdict the jury have rejected that he deliberately killed himself and found that prison officers knew that bullying was endemic and ignored it. An urgent review of this death and the various investigations surrounding it must be undertaken in light of the jury findings,” she said.

Helen Shaw to speak at HRLA event ‘The expansion of Closed Material Procedures: national security, open justice and fair trial rights at a crossroads’

Hannah — Tue, 26 Jun 2012 10:02:59 +0000

INQUEST co-director Helen Shaw is to speak at this event: ‘The expansion of Closed Material Procedures: national security, open justice and fair trial rights at a crossroads’ being organised by the Human Rights Lawyers Association.

It takes place on Tuesday, June 26, 2012 from 6:30 PM to 8:00 PM

At: BPP Law School in Holborn
68-70 Red Lion Street, London WC1R 4NY

Other speakers include Lord Carlile, Former independent Reviewer of Terrorism Legislation, and Angus McCullough QC, Special Advocate. The event is being chaired by Angela Patrick, Director of Human Rights Policy at JUSTICE.

The event is open to the public and tickets are £5 each. For more information, and to purchase tickets, please click here

INQUEST INTO DEATH OF SHAUN BEASLEY AT HMP & YOI PARC BEGINS MONDAY 25 JUNE

Hannah — Fri, 22 Jun 2012 14:32:51 +0000

10am, Monday 25 June 2012
Aberdare Coroner’s Court, Rock Grounds, 1st Floor, Aberdare, CF44 7AE
Before Coroner Louise Hunt

The inquest of Shaun Beasley from Epsom, Surrey, will start this Monday 25 June at Aberdare Coroner’s Court in Aberdare, Wales.

Shaun was 29 when he was found hanging in his cell at HMP & YOI Parc on 24 August 2010. HMP & YOI Parc is the only private prison in Wales. It is managed by G4 Securicor, and at the time of Shaun’s death healthcare services were contracted out to Primecare Forensic Medical Services, a national provider of primary healthcare services to prisons, police and other forensic establishments. Shaun was highly vulnerable and suffered serious mental ill health. He had a history of self harm and had made several serious suicide attempts.

In May 2007 Shaun was given an indeterminate sentence (IPP) with a minimum tariff of two years and 145 days. At the time of his death he had served over three years.

The family hopes the inquest will address the following questions and issues:

1. Why was Shaun transferred from Littlehey to Parc prison when the course he needed to attend was not available there?

2. What steps were taken to respond to Shaun’s deteriorating mental health following his arrival at Parc?

3. Why, shortly before his death, was Shaun moved from a cell with a camera to one without?

4. What action was taken following the phone call from Shaun’s family on the day of his death and why were observations not increased?

5. Whether adequate records were kept and communication processes adhered to

6. The relationship and actions of G4S and Primecare concerning the provision of healthcare at Parc at the time of Shaun’s death, including monitoring, service provision and staffing levels.

Shaun’s sister said:

“We are devastated by Shaun’s death. Shaun had a difficult childhood and was extremely vulnerable. I believe his death was totally preventable. I knew he was in a bad way that day but the prison reassured me that he was safe. I just hope this inquest finally explains to me what happened to my brother.”

Deborah Coles, co-director of INQUEST said:

“This inquest must address the many serious questions surrounding the treatment and care of a vulnerable and at risk man. There are also underlying questions about the private healthcare provider commissioned by G4S and ongoing concerns about the accountability framework in relation to private prisons.”

The family is being represented by Stephen Webber of Hugh James Solicitors

Ends

Trial of PC Harwood, charged with the manslaughter of Ian Tomlinson, begins on Monday 18 June

Hannah — Fri, 15 Jun 2012 14:17:32 +0000

10am Monday 18 June 2012
Southwark Crown Court, 1 English Grounds, London, SE1 2HU

The trial of PC Simon Harwood is to begin on Monday at Southwark Crown Court. Mr Harwood is charged with manslaughter following the death of Ian Tomlinson, a newspaper vendor, at the G20 protests in London in April 2009.

At the inquest into Mr Tomlinson’s death in 2011, a jury returned a verdict of unlawful killing, leading the Crown Prosecution Service to bring charges against PC Harwood.

INQUEST is working with the family of Ian Tomlinson and their representative, Jules Carey of Tuckers Solicitors. The trial is listed for five weeks.

Ends

London Councils cuts funding to INQUEST advice services

Hannah — Wed, 13 Jun 2012 15:11:03 +0000

At their meeting on 12 June London Councils’ Leaders’ Committee delivered the final blow and cut 21 commissions from their funding scheme including INQUEST. London Councils and its predecessors have funded INQUEST almost continuously since 1986.

All organisations providing advice and representation services relating to discrimination and tribunal cases and inquests (London Councils committee reference numbers 46, 48 & 51) had their funding cut. They give a voice to some of the most disadvantaged Londoners. Following this latest round of cuts, which amounts to a reduction of the London Boroughs Grants Scheme by 70% over the last 2 years, Councillor Steven Carr reportedly said “there are further improvements to be made in the future”.

As a result of this decision, INQUEST loses £32,500 in 2012/2013 in funding, but crucially it means INQUEST is not a priority beyond 2013. Ironically this decision was made at a time when INQUEST is working with the family of Sean Rigg, as the inquest into his death gets under way at Southwark Coroner’s Court. The family is represented by award winning barrister Leslie Thomas, a leading member of the INQUEST Lawyers Group.

INQUEST has provided its services to Londoners and has supported families following some of the most contentious deaths involving the police that have had a significant impact on the perception of policing in London including Blair Peach, Roger Sylvester, Ian Tomlinson and Mark Duggan. We have also worked on many cases that have resulted in policy and practice changes in the care and treatment of vulnerable detainees in London prisons.

Helen Shaw, INQUEST co-director said:

“London Councils’ decision to end commissions for specialist services is a significant blow for vulnerable Londoners in need of advice and support. We are the ones who pick up the pieces and provide specialist assistance to many of the capital’s most disenfranchised communities.

“INQUEST is the only organisation in London providing a specialist service on inquests to bereaved Londoners, with particular focus on deaths in prison and police custody. We have helped hundreds of families who experience the trauma and challenges of an inquest including some of the high profile deaths that have hit the headlines. It is a sad day when such a unique and important service is summarily dismissed as a priority by those who are responsible for the welfare of Londoners.”

Unannounced inspection of HMP Norwich produces highly critical report

Hannah — Wed, 13 Jun 2012 14:44:33 +0000

Wednesday 13 June 2012

An unannounced inspection of Norwich prison, carried out in January this year, has resulted in a heavily critical report by the Chief Inspector of Prisons.

Included in the report were concerns that the prison seemed less safe than on previous inspections and a litany of issues relating to vulnerable prisoners and self harm. The report noted that the number of self harm incidents was high and support for those who were vulnerable was inadequate. Moreover, previous recommendations concerning self harm had not been implemented.

Deborah Coles, co-director of INQUEST said:

“It is unacceptable for a prison with such high levels of self harm to have failed to act on previous Inspectorate concerns regarding the health and safety of vulnerable prisoners. Since 2000 there have been 12 self-inflicted deaths at Norwich Prison, the most recent in January this year.

“As well as addressing the considerable failings of the prison to provide a safe environment for prisoners, it needs to address the way it deals with vulnerable prisoners as a matter of urgency. It is high time it learned some of the lessons of the past, to prevent more tragedies in the future.”

Supreme Court ruling on prevention of suicide on psychiatric wards (The Solution Magazine)

Hannah — Wed, 13 Jun 2012 13:27:00 +0000

(The Solution Magazine)

‘INQUEST welcomes the Supreme Courts landmark ruling that psychiatric patients are owed a positive duty of protection under human rights law. This must go hand in hand with an investigation and inquest process that ensures deaths in psychiatric care are independently and robustly scrutinized. This would not only enable families to find out what happened to their relatives but also ensure lessons are learned to help prevent deaths in the future,’ Deborah Coles Co-Director at INQUEST said.

Custody death inquest told that victim was ‘fit and healthy’ (Channel 4 News)

Hannah — Tue, 12 Jun 2012 16:41:56 +0000

Channel 4 News – video

The sister of a man with mental health problems who died in police custody tells an inquest that her brother had been physically very fit and healthy at the time of his death.

Marcia Rigg-Samuel said her brother Sean Rigg had a 20-year history of paranoid schizophrenia and had repeatedly been detained by police under the Mental Health Act.

The 40-year-old, who was described as boisterous, funny and a talented musician, died after being arrested for a public order offence and taken to a police station in Brixton, south London, in August 2008.

His sister told a jury at Southwark Coroner’s Court of the moment she was told he had died.

“I heard my brother had died in the early hours of August 22.

“The police came to our house and told us he had been arrested and taken to Brixton police station and had suddenly collapsed and died.

“They said they had no more information. We never heard from them again.”

Sean Rigg inquest: Sister shares memories (The Voice)

Hannah — Tue, 12 Jun 2012 13:20:41 +0000

(The Voice)

Charity, INQUEST, which is supporting the family, said Rigg’s relatives hoped the inquest would answer questions including: how Sean, who appeared to be physically healthy, suddenly died and why mental health services failed to carry out an emergency intervention when it became clear that he had ceased taking his medication and was going into crisis.

Family of man who died in police custody plead for answers as inquest into his death starts (Evening Standard)

Hannah — Mon, 11 Jun 2012 16:38:22 +0000

(Evening Standard):

Deborah Coles, co-director of INQUEST, said they had “significant concerns” about how people with mental health issues are treated by the police.

“This is a deeply disturbing death and it is vital both for the family and the public that there is a rigorous, far-reaching investigation into the treatment of a vulnerable black man in need of care and protection.

“Sean Rigg’s family have endured a painfully long wait for this inquest, and an unacceptable and ongoing battle for funding.

“They need to find out the truth about how Sean died, and be reassured that action will be taken to prevent anything like this happening again.”

INQUEST and other specialist advice agencies facing major funding cuts from London Councils

Hannah — Mon, 11 Jun 2012 15:10:37 +0000

Monday 11 June 2012

London Councils is due to decide tomorrow, Tuesday 12 June, on proposals for significant cuts to advice services across London, including the funding it has currently pledged to INQUEST.

The proposed decision to end commissions for specialist services is a significant blow for INQUEST’s beneficiaries and those of the other specialist service providers. INQUEST is the only organisation in London providing a specialist service on inquests to bereaved Londoners.

The Grants Committee recommendations mean a cut of £32,500 in 2012/2013 in INQUEST’s funding, but crucially it means INQUEST is not a priority beyond 2013. The cuts relate to specialist services on discrimination and tribunal cases and inquests that give a voice to and assist some of the most disadvantaged Londoners.

YOU CAN HELP!! Please write to the Chair of the Grants Committee, Mayor Steve Bullock at steve.bullock@lewisham.gov.uk asking them to extend the current commissions to 31st March 2013 and keep specialist advice services as a priority beyond then.

INQUEST May e-newsletter is now online

Hannah — Fri, 08 Jun 2012 14:17:02 +0000

The terrible anomaly of deaths in mental health detention (The Observer)

Hannah — Sun, 03 Jun 2012 13:08:52 +0000

(The Observer)

The government must urgently address this gap to ensure proper public scrutiny and to protect lives and prevent deaths in the future.

Helen Shaw and Deborah Coles, co-directors, Inquest;

INQUEST INTO DEATH OF SEAN RIGG BEGINS MONDAY 11 JUNE 2012

Hannah — Fri, 01 Jun 2012 16:01:45 +0000

9.30am Monday 11 June 2012
Before Coroner Andrew Harris
Southwark Coroners Court, 1 Tennis Street, London SE1 1YD.

The inquest into the death of Sean Rigg, a 40 year old black man who died on 21 August 2008 following contact with Brixton police, will begin on Monday 11 June at Southwark Coroner’s Court.

Sean Rigg was a talented musician and one of five siblings. He had suffered from severe mental illness from the age of 20 and had a formal diagnosis of schizophrenia. He was living in a high support community mental health hostel. His family were intensely involved with his life and his mental health care.

Sean had a history of stopping his medication and falling into relapse. On several occasions he had been detained by the police under section 136 of the Mental Health Act 1983 and taken to a ‘place of safety’. Prior to his arrest on the 21st August he had stopped taking his medication and his behaviour was giving cause for concern. On the evening of 21st hostel staff called 999 on several occasions asking for police to attend the hostel. The police did not attend. Sean then left the hostel and was later arrested after a member of the public called the police. He was restrained by the police, taken to Brixton police station and died soon after.

The ensuing IPCC investigation has been the subject of serious criticism, as has the police handling of the case and their treatment of the family.

The family hopes the inquest will address the following questions and issues:

§ How and why did Sean, who appeared to be physically healthy, come to suddenly die in this way?

§ Why did the mental health service fail to carry out an emergency intervention when it became clear that Sean had ceased taking his medication and was going into crisis?

§ Was key mental health information passed to relevant police officers?

§ Why, when it became clear Sean was experiencing a mental health crisis, was he restrained and transported in the back of a police van to Brixton police station and not taken to a hospital for emergency medical care

§ The adequacy of the medical care given to Sean at Brixton police station by the police, including by the police doctor

§ Whether effective communication and response protocols were in place between the agencies (Metropolitan Police Service, South London and Maudsley NHS Foundation Trust and Penrose Housing) to address Sean’s emerging crisis.

Sean’s family said:

“We have been battling for nearly four years to find out the truth of what happened to our brother that night. Sean was doing great things in his life and it was devastating his life was cut short in this way. Sean should have been safe in the care of the police and the mental health services. We believe his death was wholly avoidable and welcome the chance for the evidence to be finally aired publicly and properly scrutinised.”

Deborah Coles, co-director of INQUEST said:

“INQUEST has significant concerns about how vulnerable people with mental health issues are treated by the police. This is a deeply disturbing death and it is vital both for the family and the public that there is a rigorous, far-reaching investigation into the treatment of a vulnerable black man in need of care and protection.

“Sean Rigg’s family have endured a painfully long wait for this inquest, and an unacceptable and ongoing battle for funding. They need to find out the truth about how Sean died, and be reassured that action will be taken to prevent anything like this happening again.”

The Rigg family is being represented by INQUEST Lawyers Group members Leslie Thomas of Garden Court Chambers, instructed by Daniel Machover of Hickman & Rose Solicitors. They are being supported by INQUEST throughout the inquest.

Ends

Notes to editor:

1. Under Section 136 of the Mental Health Act the police may detain someone they believe is suffering from a mental illness and in need of immediate treatment or care. Section 136 gives authority for the police to take a person from a public place to a “Place of Safety”, either for their own protection or for the protection of others, so that their immediate needs can be properly assessed.

2. Evidence sessions will begin on the second day, Tuesday 12 June.

3. Neither the family nor their representatives will be available for comment while the inquest is ongoing. Please address any queries to Hannah Ward at INQUEST.

GOVERNMENT WITHDRAWS PLANS FOR SECRET INQUESTS FROM JUSTICE AND SECURITY BILL

Hannah — Tue, 29 May 2012 14:08:26 +0000

Tuesday 29 May 2012

Today the government published the delayed Justice and Security Bill and has withdrawn plans to legislate to use closed material proceedings in inquests. INQUEST has been campaigning hard against the proposals and yet again we have successfully persuaded the government to change course, although we remain concerned about increased secrecy in civil courts.

Helen Shaw, co-director of INQUEST said:

“We’re delighted the government has seen sense and withdrawn inquests from the bill. Parliamentarians have twice previously thrown out plans to legislate for secret inquests. Most recently the cross-party Joint Committee on Human Rights unanimously rejected the government’s proposals for closed material proceedings at inquests, and backed INQUEST’s view that they were totally unnecessary.

“Inquests play a unique and vital role in the process of understanding how and why someone died, holding whoever necessary to account and ensuring lessons are learnt. The prospect that a family might not ever find out exactly how their relative died was unacceptable.

“With the appointment of the new Chief Coroner last week the government can now focus its efforts on working with him to strengthen and improve the coronial system.”

Ends

Notes to editor:

1. INQUEST’s submission to the Joint Committee on Human Rights inquiry into the Justice and Security Green Paper can be accessed here

Details of the JCHR findings are available here

2. There have been two previous parliamentary attempts to restrict the conduct of inquests and exclude bereaved families at inquests. Both were withdrawn following concerted campaigning led by INQUEST.

Deaths inside (Holyrood)

Hannah — Mon, 28 May 2012 12:04:41 +0000

(Holyrood)

Deborah Coles is the co-director of the London-based charity Inquest, the only charity in England and Wales that provides free advice to bereaved people on contentious deaths in custody. She hopes the recent death at Cornton Vale motivates a political debate on deaths in custody in Scotland.

“I would hope that when a death like this happens it generates questions in the Scottish Parliament, I hope that people will be asking if prisons are protecting human rights,” she said.

“I think one of the problems in Scotland is there is a lack of public awareness and scrutiny of the number of deaths in custody and also there does seem to be a dearth of support for families who have to go through a fatal accident inquiry. That has been an ongoing concern of this organisation.

“Many years ago, we had hoped to try and establish a similar kind of organisation in Scotland because we recognise there is no equivalent and one of the most important things when these deaths happen is you need to have proper public scrutiny into what happened and why and what should be done to prevent similar deaths in the future.

“Cornton Vale is an extremely good example of why that scrutiny is needed. How in 2012 are you imprisoning a vulnerable woman into an institution that is already known not to be able to keep women safe?”

Janey Antoniou: ‘She was a person, not a diagnosis’ (The Guardian)

Hannah — Sun, 27 May 2012 11:54:37 +0000

“It is shocking that someone with such a history of self-harm and suicide attempts could die in a closed institution there to protect her,” says Deborah Coles, co-director of the charity INQUEST.

However, very few of the families involved understand the process. They may be ineligible for legal aid and unable to afford legal representation in court. In Antoniou’s case, INQUEST helped provide a specialist legal team at his wife’s inquest. “I could never have done this alone,” he says.

“Some trusts do a good job of internal investigation, some are absolutely appalling,” says Victoria McNally, Antoniou’s case worker at INQUEST. “Mike had a pretty impressive legal team and still every step of the way was difficult. If it hadn’t been for the integrity of the coroner, the legal team and the determination of the family, very little would have emerged.”

Since January 2010, INQUEST has advised on over 50 MHA cases involving internal inquiries. Common experiences include a lack of information on the inquiry or the family’s rights; little opportunity to raise concerns or ask questions; and documents, including the final report, not being provided. “Good investigations save lives,” says Deborah Cole.

JURY DELIVERS DAMNING VERDICT OVER PAUL MURPHY DEATH IN LINCOLN PRISON

Hannah — Fri, 25 May 2012 16:20:33 +0000

Friday 25 May 2012

A jury has returned a highly critical verdict following the inquest into the death of Paul Murphy, who died aged 39 in Lincoln Prison on 13 June 2008.

The jury found that Paul had killed himself while his balance of mind was disturbed, and highlighted a catalogue of failures within the prison that contributed to his death. These included ongoing bullying from a prison officer who was running a drugs and mobile phone ring within the prison. The officer has since been sacked but no criminal charges against him have been brought.

The jury also found that the failure of prison staff to inform Healthcare of the opening of the ACCT document (Assessment, Care in Custody, and Teamwork – the system used for prisoners who are at risk of self harm) meant that there was no medical assessment of Paul’s bizarre behaviour and paranoia, nor a proper risk assessment as to his level of observation.

A spokesperson for the family said:

“The inquest has demonstrated conclusively that Paul should not have died. It is shocking that the prison governor allowed such widespread bullying to continue for so long, and I am hugely disappointed with what seems to have been a highly inadequate police investigation into the activities of this prison officer.

“I am also very disappointed that crucial procedures relating to vulnerable prisoners were not followed. I hope that the governor will address the lack of training, resources and procedures that led to the lack of proper care for Paul in the days leading up to his death.”

Deborah Coles, co-director of INQUEST said:

“Paul’s death raises very serious management failings to deal with horrific bullying by a prison officer and to ensure training and management of the ACCT process which is supposed to protect prisoners who are at risk. And these are not isolated issues. This shocking and shameful case warrants an urgent response from Prisons Minister Crispin Blunt.”

Ends

Justice bill delayed by inquest row between Cameron and Clegg (The Guardian)

Hannah — Thu, 24 May 2012 10:05:03 +0000

Helen Shaw, of the charity INQUEST, which supports relatives at coroners courts, said: “The disarray at the heart of the coalition over the inclusion of inquests in proposals on secret courts is further indication that the government should step back from these draconian proposals altogether.

“The body of opinion ranged against them, from the parliamentary joint committee on human rights to Tory backbenchers and a range of civil liberties and bereavement organisations, demonstrates that not only are these measures unnecessary they are also hugely unpopular.

“Inquests involving national security have been successfully conducted under existing law. They have played a unique and vital role in understanding the circumstances surrounding some of the most contentious deaths.”

INQUEST and other specialist advice agencies facing major funding cuts from London Councils

Hannah — Wed, 23 May 2012 16:13:17 +0000

London Councils Grants Committee is due to meet tomorrow and vote on proposals for significant cuts to advice services across London, including the funding it has currently pledged to INQUEST.

The proposed decision to end commissions for specialist services is a significant blow for INQUEST’s beneficiaries and those of the other specialist service providers. We are the ones who pick up the pieces and provide specialist support to many of the capital’s most disadvantaged communities and INQUEST is the only organisation in London providing a specialist service on inquests to bereaved Londoners.

It is ironic that just when the government announces the appointment of the Chief Coroner, a significant step in finally achieving fundamental reform of the coronial system, work that INQUEST has been leading for over a decade, London Councils will be considering cutting funding to INQUEST.

INQUEST undertakes pan-London work to provide a free specialist, comprehensive advice service on the inquest system for bereaved people, lawyers, advice and support agencies, the media, parliamentarians and the wider public. It is the only organisation of its kind (nationally or London based) providing this kind of service to families seeking answers about how and why their loved ones died following both custody and non-custody deaths, including high profile cases such as Ian Tomlinson and Mark Duggan. INQUEST provides a comprehensive service to bereaved families, from telephone advice for anyone facing an inquest, to complex case support including finding good quality legal representation, assistance with applications for funding, help with dealing with the media, and supporting families to navigate the complex inquest process including accompanying them to inquests.

“It’s very lonely dealing with all this alone. Family and friends don’t understand. In the end you just stop talking to them about it because they feel so bad for you and you end up supporting them. It’s great to be able to come to the Family Forum and to know everyone is in the same situation and to be able to talk freely. I feel like I have got so much from today” [Bereaved family member after attending a Family Forum in London]

We are urging London Councils to protect the support to vulnerable Londoners and vote to extend all current commissions to 31st March 2013.

New chief coroner to overhaul inquests (The Guardian)

Hannah — Tue, 22 May 2012 11:32:19 +0000

His appointment was welcomed by the charity INQUEST, which supports relatives of those whose deaths are examined by coroners’ courts. “[This] is the culmination of a lengthy battle to create and retain the post, which the government has already attempted – and failed – to abolish.

“It is a significant step for the campaign to fundamentally reform the coronial system that INQUEST has been leading for over a decade. It is also testimony to the bravery and tenacity of bereaved families who have shared their experiences with policymakers and the work of colleagues in other organisations supporting bereaved people.

“Each year tens of thousands of bereaved families grappling with the inquest process are forced to endure lengthy delays and an archaic, unaccountable system. These failures also leave the coronial service unable to fulfil its vital function of preventing unnecessary deaths.”

INQUEST WELCOMES APPOINTMENT OF PETER THORNTON AS CHIEF CORONER

Hannah — Tue, 22 May 2012 09:16:44 +0000

Tuesday 22 May 2012

INQUEST welcomes the appointment of HHJ Peter Thornton QC to the newly-created role of Chief Coroner. The appointment is the culmination of a lengthy battle to create and retain the post, which the government has already attempted – and failed – to abolish.

This is a significant step for the campaign to fundamentally reform the coronial system that INQUEST has been leading for over a decade. It is also testimony to the bravery and tenacity of bereaved families who have shared their experiences with policymakers and the work of colleagues in other organisations supporting bereaved people.

Each year tens of thousands of bereaved families grappling with the inquest process are forced to endure lengthy delays and an archaic, unaccountable system. These failures also leave the coronial service unable to fulfil its vital function of preventing unnecessary deaths.

The government has stated that the office of the Chief Coroner will, alongside other reforms, establish more effective, transparent and responsive justice and coroner services for victims, witnesses, bereaved families and the wider public. INQUEST looks forward to working with the Chief Coroner towards achieving this and delivering a better service to bereaved people.

Ends

Police needlessly kept almost 500 organs of murder victims and suspicious deaths after the cases had closed (Mail Online)

Hannah — Mon, 21 May 2012 11:38:13 +0000

(Mail Online)

Helen Shaw of INQUEST, a charity which advises the bereaved, said: ‘It’s outrageous that some families might not be told. This report will just make many families worried about whether their relatives’ organs have been kept.

‘The key issue in my experience is people feel very angry about not knowing and other people taking the decision for them based on whether the material retained is significant enough.’

INQUEST INTO THE DEATH OF PAUL MURPHY IN HMP LINCOLN TO BEGIN MONDAY 14 MAY

Hannah — Fri, 11 May 2012 14:09:37 +0000

PRESS RELEASE

Friday 11 May 2012

The inquest into the death of Paul Murphy is due to commence on Monday 14^th May 2012, at Lincoln Crown Court, The Castle, Castle Hill, Lincoln LN1 3GA, before HM Coroner for Lincoln, Stuart Fisher.

Paul was 39 years old when he died on 13 June 2008 after being found hanging in his cell at HMP Lincoln. He had been moved to the Vulnerable Prisoners Wing as he had got into debt with other prisoners and feared reprisals. On 12 June he was made subject to his third ACCT document (Assessment, Care in Custody, and Teamwork – the system used for prisoners who are at risk of self harm) after expressing further fears of harm from others, displaying paranoid behaviour and threatening to cut his wrists. Overnight he was subject to minimal checks and not placed in a safer cell.

Paul’s family hope that the inquest will explore the quality of the care he received on 12/13 June, and any possible links with a prison officer suspended the following month, and ultimately dismissed, for trafficking drugs and mobile phones within the prison.

The inquest is scheduled to last for two weeks.

Ends

INQUEST RESPONSE TO INCLUSION IN QUEEN’S SPEECH OF PLANS FOR CLOSED MATERIAL PROCEDURES IN COURT HEARINGS

Hannah — Wed, 09 May 2012 12:33:30 +0000

PRESS RELEASE
9 May 2012

Helen Shaw, INQUEST co-director said:

“It is deeply regrettable that the government is pursuing proposals to extend the use of closed material procedures.

“It has been clearly demonstrated that they have not been necessary in relation to inquests, as the Joint Committee on Human Rights unanimously concluded last month.”

Ends

Notes to editors:

INQUEST’s evidence to the Joint Committee on Human Rights can be accessed here

INQUEST provides a general telephone advice, support and information service to any bereaved person facing an inquest and a free, in-depth complex casework service on deaths in custody/state detention or involving state agents and works on other cases that also engage article 2 of the ECHR and/or raise wider issues of state and corporate accountability. INQUEST’s policy and parliamentary work is informed by its casework and we work to ensure that the collective experiences of bereaved people underpin that work. Its overall aim is to secure an investigative process that treats bereaved families with dignity and respect; ensures accountability and disseminates the lessons learned from the investigation process in order to prevent further deaths occurring.

Please refer to INQUEST the organisation in all capital letters in order to distinguish it from the legal hearing.

Queen’s speech: plan for secret hearings in civil courts brought forward (The Guardian)

Hannah — Wed, 09 May 2012 11:14:31 +0000

Helen Shaw, co-director of the charity INQUEST, said: “It is deeply regrettable that the government is pursuing proposals to extend the use of closed material procedures. It has been clearly demonstrated that they have not been necessary in relation to inquests, as the joint committee on human rights unanimously concluded last month.”

Campaigners damn Tory inquest plan (Morning Star Online)

Hannah — Thu, 03 May 2012 11:06:08 +0000

(Morning Star Online)

Campaign group INQUEST co-director Deborah Coles said: “This case demonstrates once again how crucial the inquest process is in holding the state to account and how vital it is that this process is open and transparent.

“All the more reason why the proposals for inquests to be held behind closed doors should never be implemented.”

INQUEST submission to the Youth Justice Select Committee inquiry into Youth Justice

admin — Fri, 27 Apr 2012 14:04:36 +0000

Our submission to the Parliamentary Justice Select Committee Inquiry into Youth Justice is now available to download ( PDF, 129KB).

INQUEST OPENS INTO THE DEATH OF MENTAL HEALTH CAMPAIGNER JANE ANTONIOU

admin — Fri, 27 Apr 2012 12:54:45 +0000

PRESS RELEASE
For immediate release 27 April 2012

10am Monday 30 April 2012 before HM Coroner for Barnet, Andrew Walker, sitting at 29 Wood Street, Barnet, Hertfordshire EN5 4BE

The inquest into the death of Jane Antoniou (known as Janey Antoniou) will commence on Monday 30 April 2012. It is listed for two weeks.

Early on 23 October 2010 Janey Antoniou, a well known mental health campaigner, was found unresponsive in her room on the Eastlake Ward, Northwick Park Hospital, Harrow, with a ligature around her neck. Resuscitation was attempted but she failed to regain consciousness. At the time of her death, Jane was detained under section 3 of the Mental Health Act 1983.

An investigation into the circumstances of Janey Antoniou’s death was conducted by Central and North West London Mental Health NHS Foundation Trust, the same Trust that had responsibility for her care. Objections by her husband, Dr Michael Antoniou, to the lack of independence of that investigation were rejected by the Trust. This is the subject of separate judicial review proceedings, which are currently stayed pending the conclusion of the inquest.

Dr Antoniou welcomes the inquest as a first opportunity to independently examine the facts surrounding his wife’s death and to explore whether she received appropriate levels of care. This includes in the assessment of her risk of suicide and the management of her mental health crisis.

Dr Michael Antoniou is being represented by INQUEST Lawyers Group members Paul Bowen QC of Doughty Street Chambers, instructed by Tony Murphy of Bhatt Murphy Solicitors. He is supported by INQUEST caseworker Victoria McNally and Heather Hewett of Rethink Mental Illness, where Janey was a valued colleague.

Notes to editors:

Dr Michael Antoniou or his representatives will not be making any comment to the media while the inquest proceedings are ongoing. An obituary for Janey Antoniou can be read online here:

Detailed statistics for the number of deaths of those detained under the Mental Health Act were published for the first time in 2011 by the Independent Advisory Panel on Deaths in Custody. A report of its statistical analysis can be found at here (PDF). It should be noted that the statistics refer only to the death of patients sectioned at the time of death and do not include those who died whilst ‘de-facto’ detained i.e. those voluntarily admitted where sectioning would have occurred if they had attempted to leave.

From that report:
• 5998 total deaths in state custody were recorded between 1 January 2000 and 31 December 2010. Deaths of those detained under the MHA accounted for 61% of that number.
• Between 1 January 2000 and 31 December 2010, there were 1,444 self inflicted deaths in state custody. 501 deaths were of patients detained under the MHA, of which 61% were male and 39% female.

INQUEST Co-Director and Leslie Thomas speak on Investigating Deaths in Custody – 26 April 2012

admin — Mon, 23 Apr 2012 14:01:58 +0000

INQUEST Co-Director Deborah Coles and barrister Leslie Thomas from Garden Court Chambers speak on Investigating Deaths in Custody – Thursday 26 April 6pm – 7.45pm London Metropolitan University

The Henry Thomas Room
London Metropolitan University,
Holloway Road,
London N7 8DB

Deborah Coles and Leslie Thomas have many years’ experience of the investigation of deaths in custody. Deborah is Co-Director of INQUEST, a charity that provides advice and information and specialist casework to bereaved families and their lawyers following contentious deaths. Leslie Thomas is a barrister at Garden Court Chambers, who specialises in human rights and public law, with particular emphasis on civil actions against the police and inquests.

Chair: Philip Leach, Director, The Human Rights and Social Justice Research Institute

The event is free of charge and open to all.

Entry is by prior registration only via Eventbrite.

INQUEST INTO THE DEATH OF DANIEL LEATHER IN HMP MANCHESTER TO BEGIN MONDAY 16 APRIL

Hannah — Fri, 13 Apr 2012 12:04:40 +0000

PRESS RELEASE FRIDAY 13 APRIL 2012

The inquest into the death of Daniel Leather is due to commence on Monday 16th April 2012, at Court 6, Manchester Crown Court, Crown Square, Manchester M3 3FL, before HM Coroner for the city of Manchester, Nigel Meadows.

Daniel was 23 years old when he died on 19th December 2009, after being found hanging in his cell at HMP Manchester. Daniel was recalled to HMP Manchester on the 5th September 2009. He was placed on an ACCT document as it was considered he may self harm and was at first closely monitored.

Daniel’s family hope that the inquest will answer the following questions;

* Whether Daniel was adequately assessed by mental health professionals within the prison;

* Whether Daniel was properly managed by mental health services and the prison staff.

* Why the prison appeared to refuse to acknowledge Daniels deteriorating mental health and instead treated him a manipulative and disruptive prisoner.

* Why observations were not increased when his TV was removed from his cell on the 17th December despite the fact that it was down on his ACCT as a trigger event.

The family are being represented at the inquest by INQUEST Lawyers Group members Gemma Vine of Farleys Solicitors LLP and Andrew Bridgman of St Johns Buildings Chambers.

INQUEST has grave concerns about the high numbers of self-inflicted deaths and levels of self harm at HMP Manchester which have led to wide ranging recommendations from both the Prison and Probation Ombudsman and HM Coroner Nigel Meadows. INQUEST has been involved with many of the deaths that have occurred there in recent years and recently called for an urgent review of practice at the prison. More information here

Ends

‘No funeral or answers’ a year after Kingsley Brown’s death (BBC News Online)

Hannah — Thu, 12 Apr 2012 14:54:37 +0000

(BBC News online):

Deborah Coles, co-director of Inquest, a charity that advises families after a contentious death said the burial delay was “highly unusual, serving nobody’s interests”.

“The funeral is an important part of the grieving process,” she added.

“It is widely recognised that delays in releasing the body cause unbearable distress to the family, not least to the children involved.”

Letter: Open inquests (The Guardian)

Hannah — Fri, 06 Apr 2012 14:48:35 +0000

Inquest’s co-director Helen Shaw writes that it is “unconscionable that a bereaved family may be prevented from understanding why their relative died and, where necessary, holding the state to account” (Letters, 5 April). Whatever else it did, even South Africa’s apartheid regime did not inject secret inquests and trials into its legal system. Thirty years ago, in the country’s longest inquest – into the death of Neil Aggett, the only white political detainee to die in security police custody – the verdict was the usual “no one to blame”. Nevertheless, the evidence of torture produced by the family’s counsel, led by George Bizos, had entered the public domain and enabled the later Truth and Reconciliation Commission to name those it held responsible for Neil’s death. Those who loved Neil knew that justice had been cheated, but not the truth. Civil society in South Africa saved the day. Forget the “big society”. We need British civil society to pull out the stops.

Beverley Naidoo
Bournemouth

Letter: Secrecy, surveillance and the state (The Guardian)

Hannah — Thu, 05 Apr 2012 14:46:42 +0000

It seems that Ken Clarke doesn’t fully understand his own proposals (Clegg demands rethink on secret justice plans, 4 April). As the joint committee on human rights noted, there is not a shred of evidence to support the introduction of closed material procedures at inquests. Many high-profile and sensitive inquests, such as that into the deaths of passengers in the 7/7 bombings and the police shooting of Jean Charles de Menezes, have been concluded properly within the existing system.

There is an anomaly in relation to inadmissibility of intercept evidence that was highlighted last week by the furore over the Mark Duggan inquest. This can be resolved by the government taking the opportunity to amend the Regulation of Investigative Powers Act as we suggested in our evidence. This same suggestion was made both by the Met in its response to the green paper consultation and also last week by the Independent Police Complaints Commission.

It is abundantly clear that the government’s proposals for greater secrecy in inquests are not necessary. It is unconscionable that a bereaved family may be prevented from understanding why their relative died and, where necessary, from holding the state to account.

Helen Shaw
Co-director, Inquest

Read Beverley Naidoo’s response here

Government plans to hold more secret court hearings attacked as ‘unfair’ and ‘dangerous’ (The Independent)

Hannah — Wed, 04 Apr 2012 09:42:05 +0000

(The Independent):

Helen Shaw, co-director of the campaign group Inquest, said: “It is abundantly clear that there is no need for such sweeping changes to the law. The fact that the Government was unable to produce a shred of evidence to support these proposals is testament to that.”

INQUEST RESPONSE TO THE REPORT OF THE JCHR INQUIRY INTO THE JUSTICE AND SECURITY GREEN PAPER

Hannah — Wed, 04 Apr 2012 09:09:00 +0000

PRESS RELEASE – Wednesday 4 April 2012

‘We do not accept that the Government has made out the case for extending closed material procedures to inquests’ – Joint Committee on Human Rights.

The Joint Committee on Human Rights today published the report of its inquiry into the Justice and Security Green Paper.

The report roundly rejects the government’s proposals to introduce closed procedures at inquests, which would mean families and their legal representatives being prevented from hearing or challenging evidence concerning how their relative died.

The JCHR were clear that:

• The Government has not adduced “any evidence” to demonstrate the need for change, let alone sufficient evidence to justify the need for such fundamental changes as are proposed (para. 138);
• There are “serious doubts” as to whether using CMPs in inquests could ever be compatible with Article 2 (para. 144);
• Coroners have been resourceful and pragmatic in addressing issues of sensitivity short of holding a CMP (para. 138);
• There is scope to produce greater consistency of practice between different inquests (para. 150); and
• Reform of the Regulation of Investigatory Powers Act 2000 (RIPA) is needed (para. 139).

Throughout the report the Committee agrees with INQUEST and the INQUEST Lawyers Group evidence and concludes the section on inquests by stating:

We endorse the suggestions made to us by INQUEST and the INQUEST Lawyers Group as measures falling short of the introduction of closed material procedures into inquests which would address some of the Government’s concerns in the Green Paper (para150).

Helen Shaw, co-director of INQUEST said:

It is abundantly clear that there is no need for such sweeping changes to the law. The fact that the government was unable to produce a shred of evidence to support these proposals is testament to that.

The Committee has recognised that current practice at inquests adequately serves the public interest for transparency and scrutiny of contentious deaths whilst also protecting the interests of national security. We also welcome their endorsement of our suggested approach to improving national guidance to coroners presiding over these complex inquests.

The remaining anomaly in relation to intercept evidence can be resolved by government taking this opportunity to amend RIPA as we suggested in our evidence and was noted by the Committee. This same suggestion was made both by the Metropolitan Police Service in their response to the Green Paper consultation and also last week by the IPCC in response to the furore about the Mark Duggan inquest.

Over and above everything else, it is vital that a bereaved family is able to understand fully why their relative died and the Committee have clearly stated that the government’s proposals for greater secrecy are not necessary.

Ends

Notes to editor:

1. The report can be accessed here

2. INQUEST’s evidence to the JCHR can be accessed here, with additional evidence here and our oral evidence here.

INQUEST WELCOMES IPCC CALL FOR CHANGE TO LAW ON SENSITIVE EVIDENCE

Hannah — Thu, 29 Mar 2012 12:58:21 +0000

PRESS RELEASE – Thursday 29 March 2012

INQUEST has long argued that the law should change so that inquests that potentially involve intercept material are not unnecessarily stalled because of the bar on the admissibility of this evidence, so we welcome the Independent Police Complaints Commission call for an amendment to section 17 of the Regulation of Investigatory Powers Act 2000.

The IPCC statement comes on the back of a series of responses to the government Green Paper on Justice and Security from a range of organisations including the Metropolitan Police calling for an amendment to existing legislation (the Regulation of Investigatory Powers Act, RIPA) to allow High Court judges acting as coroners, and families, to be allowed access to sensitive evidence at inquests. The answer is not, as the Government has proposed, the unnecessary introduction of secret hearings in inquests and civil cases.

Twice in last four years, the House of Lords amended legislation to make it possible for RIPA material to be disclosed to a High Court judge acting as coroner in these rare kinds of inquests. Those amendments, although ultimately rejected, were supported at the time by both the Conservatives and Liberal Democrats.

This problem is actually extremely rare. Yet government is currently attempting to address it by introducing sweeping powers that will mean families will never get to hear sensitive evidence at all.

Helen Shaw, co-director of INQUEST said:

Amending RIPA is a far more straightforward solution. We urge the government to listen to the IPCC, the Metropolitan Police and the myriad of organisations and leading lawyers opposing the proposals in the Justice and Security Green Paper and adopt this more straightforward, fair and effective approach.

Above all, it is imperative that families, like the family of Mark Duggan, are able to find out the truth about why their relative died.

Ends

Notes to editors:

1. The Metropolitan Police’s response to the consultation on the Justice and Security Green Paper can be found here

2. A briefing on the proposed RIPA amendment, including the draft amendment itself, can be found here

3. Further information about the Justice and Security Green Paper, including INQUEST’s submissions, can be accessed here

Outrage as police watchdog seeks secrecy at inquest into man whose death sparked the London riots (Daily Mail)

Hannah — Tue, 27 Mar 2012 14:39:31 +0000

(Daily Mail):

Helen Shaw, co-director of Inquest, a charity providing support for bereaved people facing cases in a coroner’s court, said ‘We share the coroner’s concern about undue delay. The IPCC needs to move much more quickly – it shouldn’t have taken this long for them to tell the family and the coroner about their concerns about sensitive evidence.

‘While there are legal complexities surrounding sensitive material, it is absolutely vital a solution is found so that the family can get answers. Failure to do so will only lead to more distrust of the investigation process.’

Jimmy Mubenga death: prosecutor weighs up whether to charge G4S security guards (The Guardian)

Hannah — Fri, 16 Mar 2012 15:56:47 +0000

Hands Up For INQUEST 2010

Deborah Coles, co-director of the campaign group Inquest, said: “Delays in the investigation and CPS decision making process mean a delay in proper public scrutiny of how and why Mr Mubenga died, not to mention the ever present risk of further death and serious injury. This is compounded by the Home Office’s refusal to release an unredacted copy of the guidance given to escorting contractors on the use of force, leaving us all in the dark about what safeguards should have been in place.”

Secret justice (The Lawyer)

admin — Wed, 14 Mar 2012 12:26:42 +0000

(The Lawyer):

Martin Chamberlain, a special advocate at Brick Court Chambers, eased the audience into the overarching principles that have prompted organisations such as INQUEST, JUSTICE, Liberty and Reprieve to “unequivocally” reject the proposals.

They fear that the Government will be placed above the law by ministers who can decide what information can be in the public domain.

Deaths in custody: RMT meeting calls for justice (Socialist Worker)

admin — Tue, 13 Mar 2012 14:30:25 +0000

(Socialist Worker):

The meeting, We Demand Justice, heard from family members of those who have died in police custody. These included Janet Alder, whose brother Christopher Alder died in Kingston upon Hull in 1998, and Samantha Rigg-David, whose brother Sean Rigg died at Brixton police station in 2008.

… Helen Shaw from the campaign group INQUEST chaired the meeting.

The audience was audibly shocked as they heard Janet Alder talk about her brother’s final moments.

“The RMT has given me a breath of fresh air just when I needed it,” she said, speaking about how the union had helped her in the campaign for justice. She also announced a memorial for her brother in Hull, to take place on 1 April.

Samantha Rigg-David told the meeting, “Janet gave me lots of strength. She’s been fighting for 14 years. We’ve only been fighting three and a half.”

She said that since Sean’s death “we’ve had to become investigators” to get to the truth. An inquiry into Sean’s death is set to start in June.

Lord Macdonald: Ministers wrong on CIA secret justice fears (Daily Telegraph)

admin — Tue, 13 Mar 2012 10:38:56 +0000

(The Daily Telegraph):

Lord Macdonald, now a Liberal Democrat peer, said the Justice and Security Green Paper would allow the “disproportionate and completely unacceptable” situation in which ministers could dictate to courts when they must hold sessions in private.

“This is an audacious attack on our justice system,” he told a meeting in Parliament held by the human rights campaign groups Liberty, INQUEST, JUSTICE and Reprieve.

…campaigners warned that under the proposed system, military errors could be hushed up rather than being revealed by coroners.

They pointed out that many sensitive inquests, such as those that looked into the deaths of Jean Charles de Menezes and Diana, Princess of Wales, had been managed without recourse to completely secret hearings.

Inquests MUST be open says British Legion chief who fears secret justice plans would ‘compound grief of bereaved’ (Daily Mail)

admin — Fri, 09 Mar 2012 12:16:36 +0000

(The Daily Mail):

Deborah Coles, co-director of INQUEST, a charity providing support for bereaved families at coroners’ courts, said: ‘Ken Clarke is wrong. Mechanisms already exist for the most sensitive information to be dealt with safely and successfully at inquests without the need to exclude bereaved families. MI6 and MI5 officers have given evidence at a number of inquests involving highly sensitive national security issues.

‘It is crucial that bereaved families are able to participate in an open and transparent process that allows them to fully understand how their relative died, and so that lessons can be learned to try to prevent future deaths.’

INQUEST Co-Director Helen Shaw to chair RMT meeting on racism, police and the state on Monday 12 March

admin — Thu, 08 Mar 2012 10:16:32 +0000

Helen Shaw, INQUEST Co-Director, is chairing a meeting organised by the RMT union on racism, police and the state.

Speakers at the meeting include Janet Alder, sister to Christopher Alder. Christopher Alder was a former paratrooper who died in police custody in 1998; Sam Rigg-David, whose brother, Sean Rigg, died in 2008 in Brixton Police Station; Paddy Hill (Birmingham Six); and Gerry Conlon (Guildford Four); as well as Bob Crow, RMT General Secretary and John McDonnell MP.

The meeting takes place at 7pm on Monday 12 March at Friends Meeting House, Euston Road, London. Attendance is free.

INQUEST RESPONDS TO JUSTICE SECRETARY’S EVIDENCE ON CLOSED MATERIAL PROCEDURES

admin — Wed, 07 Mar 2012 16:46:37 +0000

PRESS STATEMENT – 7 March 2012

Secretary of State for Justice Ken Clarke MP gave evidence to the Joint Committee on Human Rights, in which he argued that without closed material procedures, some inquests would not be able to proceed.

Subsequently, the Royal British Legion made the following statement:

“The Legion believes that military inquests ought to be held in the open because transparency is the best guarantee that bereaved Armed Forces families will actually find out exactly how their loved one died…Withholding information from them through a secret inquest will only compound their grief and generate distrust and suspicion when all they want is to learn the truth.”

In response, Deborah Coles, Co-Director of INQUEST, said:

“Ken Clarke is wrong. The alternative to closed proceedings is not ‘nothing’.

“As the Royal British Legion points out, mechanisms already exist for the most sensitive information to be dealt with safely and successfully at inquests without the need to exclude bereaved families.

“We are unaware of a single inquest which has had to be permanently adjourned because of sensitive material aside from the police shooting of Azelle Rodney, which has become the subject of a public inquiry.

“MI6 and MI5 officers have given evidence at a number of inquests involving highly sensitive national security issues including hearings into the deaths of Princess Diana and Dodi Fayed, Jean Charles de Menezes and the victims of the 7/7 London bombings.

“The post of Chief Coroner is to be created this year. One of this senior judge’s first priorities could be drawing together the mechanisms and good practice that already exists to create guidance for coroners who are faced with sensitive material. There is no need to create new laws.

“Above all, it is crucial that bereaved families are able to participate in an open and transparent process that allows them to fully understand how their relative died, and so that lessons can be learned to try and prevent future deaths.”

Ends

INQUEST, JUSTICE, Reprieve and Liberty host Parliamentary meeting: “Secret evidence, justice denied? The Justice and Security Green Paper” – Monday 12 March

admin — Tue, 06 Mar 2012 11:39:30 +0000

INQUEST, JUSTICE, Reprieve and Liberty are hosting:

Secret evidence, justice denied?
The Justice and Security Green Paper

12 March 2012
4.30 – 6.00pm
Houses of Parliament, Committee Room 1

INQUEST, JUSTICE, Liberty and Reprieve invite you to discuss the impact of expanding secret evidence on fair trials, the free press and accountability.

Co-sponsored by Lord Lester of Herne Hill QC, David Davis MP and Frank Dobson MP

Speakers:

Chair: Lord Lester of Herne Hill QC

Lord Ken Macdonald QC, Matrix Chambers

The former Director of Public Prosecutions on the implications for justice and accountability.

Martin Chamberlain, Brick Court Chambers Special Advocate

Special Advocates say current closed procedures are unfair and should not be extended.

Henrietta Hill, Doughty Street Chambers

Introducing closed material procedures in inquests is unnecessary and would prevent families learning the truth about controversial deaths.

David Rose, Mail on Sunday, and Richard Norton-Taylor, The Guardian

The government’s proposals could have prevented some of the most controversial allegations of human rights violations being made public by shutting out claimants, the public and the press.

To reserve a place at this event, please email events@justice.org.uk

Download this invitation as a PDF.

Sheila Taylor speaks out at Hands Up For INQUEST

admin — Tue, 06 Mar 2012 11:28:06 +0000

Sheila Taylor gave a moving speech at INQUEST’s 30th anniversary fundraising event, Hands Up For INQUEST. Her son, Michael Taylor, died in prison in April 2007. She and her husband have campaigned tirelessly for lessons to be learned from their son’s death, and are steadfast supporters of INQUEST. The full text of her speech follows:

I want to give you some impression of what it’s like being on the receiving end of what Helen and Deborah have been talking about.
Our son Mike died in prison five years ago. He left school in the 1980s when it was particularly hard to find jobs. He drifted into drink, drugs, unemployment and homelessness, on-and-off spending time in prison for drug-related offences.
When we heard that he had been found hanging in a cell in Bedford, with another prisoner present, we had no way of knowing what had actually happened. It was completely agonising. You don’t know where to turn. You’re plunged into a state of tension and helplessness and it continues literally for years.
I truly think we only kept our sanity because of this wonderful group of people at INQUEST. They were there for us from the very first day. They phoned up, gave us a lawyer and provided all the information we could possibly need. From that moment on, whenever we needed support or advice, they gave it – immediately and sympathetically.
They were a complete contrast to the official investigation system, which seemed totally hostile to families and treated us as if we had no right to expect to be involved. The Coroner’s Officer was rude. The prison management was obstructive. And if it hadn’t been for Deborah’s intervention, the Prisons & Probation Ombudsman would have produced their draft report without talking to us, the family, at all.
We discovered the following facts. Due to prison overcrowding, Mike had been transferred from a place where he was on methadone to one where it was never prescribed. Deprived of his usual medication, he descended into extreme pain and despair, and was driven to what might have been only a cry for help that went wrong.
When someone dies like that, all you want is to find out the truth about what happened, and prevent it happening to others. But how? We were astounded to discover there was no system of funding for families whose relatives die in custody. I believe many of you are lawyers, so won’t need to be told how essential it is to have legal representation. We couldn’t believe we were expected to pay thousands of pounds to find out why our son had died whilst in the care of the prison service!
Fortunately INQUEST moved into action. They referred us to a fantastic firm of solicitors, Bhatt Murphy, who not only got ‘exceptional funding’ for our case, but also included Mike as part of a group action against the Ministry of Justice on behalf of Opiate Dependent Prisoners. Without them, Mike’s inquest would have been a completely prejudiced, one-sided affair, as the coroner declared in advance that he wasn’t going to waste tax-payers’ money on “just another drug addict who’d committed suicide,” and even refused to call essential witnesses until threatened with judicial review.
INQUEST not only support individuals like us; they are brilliant at combining support for families with lobbing to improve the system. They raise the issues constantly with everyone who has any power and influence. Our family once attended a Quaker meeting to hear a lecture given by Anne Owers when she was Chief Inspector of Prisons. Afterwards we went up to introduce ourselves and discovered she knew all about Mike already, because INQUEST had used his case to argue for prison reform.
Each year INQUEST organise Family Forums where families can talk about their experiences, for instance to the Independent Advisory Panel on Deaths in Custody. At these we became friends with others in the same situation and subsequently even attended each others’ inquests, which was a great source of mutual support. Deborah also invited us to join other families in the House of Commons, meeting with the All-Party Committee on Penal Affairs. Most recently, I went to speak in the Lords to support INQUEST in pressing for the establishment of the Chief Coroner’s Office.
This was something I felt really passionately about, and I was absolutely delighted when I heard they’d been successful. In my statement I had said: “After Mike’s inquest, we felt lessons had been learned. But we knew there was no-one in overall control to ensure changes were implemented. Funding might seem a problem, but ultimately you spend more money going over the same ground again and again, picking up the pieces of yet more damaged lives.”
As Helen and Deborah will confirm, all the families who find themselves in our situation just want two things: to correct the failings in the system and to make sure the same unbearable pain doesn’t happen to others. I know it’s a cliché to refer to financial compensation as ‘blood money,’ but that’s how it felt when we were offered so-called ‘compensation’ for the death of our son. We passed it straight on to INQUEST, so they could use it to help others as they’d helped us.
They are amazing people, so committed and so professional. I don’t know how we would have coped without them. Their understanding of how bereaved families feel and what they need is 100% accurate. You can believe everything they tell you. And you should support them as much as you possibly can!

Strangeways deaths spark call for “urgent review” (Manchester Mule)

admin — Fri, 02 Mar 2012 10:45:55 +0000

(Manchester Mule):

Co-Director of INQUEST Deborah Coles expressed serious concerns over the number of suicides at the prison, two of which have occurred this year, bringing the total to 29 since 2000, described in the report as “higher than most other prisons”.

“There needs to be an urgent review of what action has been taken in response to investigation and inquest findings, as it appears measures are still not in place to protect the most vulnerable individuals,” said Coles.

Parties unite against secret injustice: Horrified MPs and peers condemn Clarke’s plan for court cases behind closed doors (Daily Mail)

admin — Thu, 01 Mar 2012 11:14:36 +0000

(The Daily Mail):

Helen Shaw, co-director of INQUEST, a charity providing support for bereaved people facing cases in a coroner’s court, said the idea of hearing evidence in secret was ‘unworkable and completely unnecessary’.

‘We are not aware of a single inquest that cannot proceed within the current legal framework which already adequately deals with sensitive evidence,’ she said.

‘High-profile and sensitive inquests such as that into the deaths of passengers in the 7/7 bombings, the police shooting of Jean Charles de Menezes, and the deaths of 14 military personnel in Afghanistan following the Nimrod crash have been conducted thoroughly and concluded properly within the existing system.

‘Any attempt to restrict inquest hearings as proposed would again damage family and public confidence in the inquest system. The Government should think again and withdraw these proposals rather than engage in yet another difficult and contentious debate.’

Police staff ‘failed to properly care’ for woman who died in custody (The Independent)

admin — Mon, 27 Feb 2012 18:55:11 +0000

(The Independent)

Deborah Coles of INQUEST said there was no place for legal ambiguity. “There can be no legal discretion over whether private companies are held responsible for acts or omissions in the duty of care and human rights owed to detainees and an urgent review needed to address this loophole.”

INQUEST TO GIVE EVIDENCE TO PARLIAMENTARY JOINT COMMITTEE ON HUMAN RIGHTS’ INQUIRY INTO JUSTICE AND SECURITY GREEN PAPER

admin — Mon, 27 Feb 2012 13:11:58 +0000

PRESS RELEASE – For immediate release Monday 27 February 2012

Evidence session tomorrow, Tuesday 28 February at 2.20pm

INQUEST, along with Amnesty International, JUSTICE and Liberty, will give evidence to the Joint Committee on Human Rights’ Inquiry into the Justice and Security Green Paper tomorrow.

The inquiry is examining the compatibility of the government’s draft proposals to introduce ‘closed material proceedings’ to civil proceedings, including inquests, with the requirement for a fair and transparent hearing and international human rights obligations.

The Green Paper makes a range of possible proposals relating to inquests, ranging from the introduction of ‘closed material proceedings’ which would exclude families, their legal representatives and juries from the hearing, to security vetting of bereaved families and juries. Twice before (in the Counter Terrorism Act 2008 and the Coroners and Justice Act 2009) attempts have been made by government to place restrictions on families’ ability to hear all relevant evidence during an inquest and both attempts were resoundingly rejected by parliamentarians.

INQUEST believes the current proposals are equally unnecessary and run counter to the recent legislative reform agreed by Parliament in the Coroners and Justice Act 2009 which aims to put bereaved families at the heart of the inquest process.

Helen Shaw, co-director of INQUEST, who will be giving evidence to the JCHR, said:

We were surprised the Green Paper contained yet another set of proposals for hearing evidence at inquests in secret. During previous parliamentary debates similar schemes were demonstrated to be unworkable and completely unnecessary.

We are not aware of a single inquest that cannot proceed within the current legal framework that already adequately deals with ‘sensitive’ evidence. As demonstrated in our written evidence to the Joint Committee, high profile and sensitive inquests such as that into the deaths of passengers in the 7/7 bombings, the police shooting of Jean Charles de Menezes, the deaths of 14 military personnel in Afghanistan following the Nimrod crash have been conducted thoroughly and concluded properly within the existing system.

Any attempt to restrict inquest hearings as proposed would again damage family and public confidence in the inquest system. We hope the Joint Committee will agree with us that the government should think again and withdraw these proposals rather than engage in yet another difficult and contentious debate that will cause anxiety and distress for many bereaved families.

Ends

Notes to editors:

1. The Justice and Security Green Paper was published by the government in October 2011 and can be accessed here.

INQUEST and the INQUEST Lawyers’ Group submitted a response which can be accessed here (PDF).

2. Details of the Joint Committee on Human Rights’ Inquiry, announced on 8 December 2011,can be found here.

INQUEST’s submission to the JCHR inquiry can be accessed here (PDF).

3. There have been two previous parliamentary attempts to restrict the conduct of inquests and exclude bereaved families at inquests. Both were withdrawn following concerted campaigning led by INQUEST.

In 2008, the government attempted to do this as part of the Counter-Terrorism Act 2008.The proposed clauses were withdrawn during committee stage of the Bill, but indicated its intention to include them in the forthcoming Coroners and Justice Bill. More details here (PDF).

In 2009, following lobbying and a successful campaign led by INQUEST and in the face of a lack of cross-party support, the proposal to introduce ‘secret inquests’ into the Coroners and Justice Bill was withdrawn. Instead, clauses were introduced to allow the Secretary of State to halt an inquest and direct an inquiry instead. Further information can be found here (PDF).

4. There are several inquests that have involved sensitive evidence or information.These include the inquests into the deaths of Princess Diana and Dodi Al Fayed, Jean Charles de Menezes, the 7/7 bombing victims and the Nimrod military personnel.

To INQUEST’s knowledge, all but one have concluded properly. The death of Azelle Rodney who was shot by police in 2005 is now subject to an Inquiries Act 2005 inquiry that will take place in September 2012. This death, which was at the heart of the two previous attempts to introduce restricted hearings involves material that is subject to the Regulation of Investigatory Powers Act and coroners are not permitted to access such material.

Information about all these cases and others are contained in the appendix to INQUEST’s JCHR submission.

INDEPENDENT ADVISORY PANEL ON DEATHS IN CUSTODY HAS FUNDING RENEWED FOR ANOTHER THREE YEARS

admin — Wed, 22 Feb 2012 15:23:16 +0000

Crispin Blunt MP, Parliamentary Under-Secretary of State for the Ministry of Justice, announced yesterday by Written Ministerial Statement that the Ministerial Council on Deaths in Custody, which includes the Independent Advisory Panel (IAP), will continue for a further three year term.

INQUEST Co-Director Deborah Coles sits on the IAP, which is chaired by Lord Harris of Haringey.

The news coincides with the release of the IAP end of term report, which is available here.

INQUEST CALLS FOR URGENT REVIEW FOLLOWING CRITICISM OF HIGH NUMBERS OF SELF-INFLICTED DEATHS AT MANCHESTER PRISON

admin — Wed, 22 Feb 2012 15:20:00 +0000

PRESS RELEASE – For immediate release 22 February 2012

Following the latest report by HM Chief Inspector of Prisons into HMP Manchester which criticised the high level of self-harm and self-inflicted deaths there, INQUEST has called for an urgent review of practice at the prison.

Deborah Coles, Co-Director of INQUEST, said:

We remain seriously concerned about the high level of self-inflicted deaths and self-harm among prisoners in Manchester. It is only February and there have already been two self-inflicted deaths this year, bringing the total to 29 since 2000.

INQUEST has been involved with many of the deaths that have occurred there in recent years and there have been wide ranging recommendations from both the Prison and Probation Ombudsman and HM Coroner Nigel Meadows. In light of these further concerns raised by HM Inspectorate of Prisons there needs to be an urgent review of what action has been taken in response to investigation and inquest findings, as it appears measures are still not in place to protect the most vulnerable individuals.

Ends

How did a promising footballer die in agony in police custody? (The Independent)

admin — Tue, 21 Feb 2012 10:53:15 +0000

(The Independent):

Last night, the teenager’s family, represented by solicitor Ruth Bundey, expressed dismay at the police conduct. “Without one word of discussion between them, they chose in isolation to disbelieve what he told them. Had he only received medical help, he might at least have stood a fighting chance of life.”

Deborah Coles, co-director of the charity, INQUEST, added: “What’s so terrifying about this is the willful indifference to someone’s deteriorating mental and physical states. There is a seam running through these cases where officers say: ‘He was faking it’.”

POLICE OFFICERS FAILED IN THEIR DUTY OF CARE WHEN 19-YEAR-OLD REECE STAPLES DIED IN CUSTODY, AN IPCC INVESTIGATION HAS FOUND.

admin — Mon, 20 Feb 2012 15:38:25 +0000

PRESS RELEASE – For immediate release 20 February 2012

An inquest jury at Nottingham Coroners Court today returned a ‘misadventure’ verdict following an inquest held into the death of 19-year old Reece Staples in police custody in June 2009.

Speaking on behalf of the family at the conclusion of the inquest, their solicitor Ruth Bundey of Harrison Bundey Solicitors, Leeds, said:

Police officers who arrested Reece ignored his plea that he was dying from drugs that had burst in his stomach. Incredibly, all four, without one word of discussion between them, chose in isolation to disbelieve what he told them. They failed to call an ambulance at the roadside, or, five minutes later, to inform the custody sergeant, in whose care he was to be placed, of what he had said. Three and a half hours later, Reece collapsed in a police cell and died from cocaine intoxication.

Thus the officers eliminated at a stroke the possibility of Reece’s survival through hospital treatment and surgery. Had he only received medical help, at least he would have had a fighting chance of life.

The Independent Police Complaints Commission (IPCC) today released the findings of its investigation into his death. The IPCC report says officers did not take Staples seriously when he told them he had swallowed the bags of drugs, and failed to seek medical attention or pass the information on.

Five officers were charged with gross misconduct which was found proven and they received final written warnings from Nottinghamshire Police suspended for 18 months.

Deborah Coles, Co-director of INQUEST, said:

Reece Staples died an extremely disturbing death which was exacerbated by officers’ failure to believe Reece and act on the notable deterioration in his emotional and physical health. The message to all police officers arising from this tragic case is that immediate medical attention must be sought where someone informs you they have taken drugs or you suspect they have. This is a vital safeguard where the saving of lives is paramount.

INQUEST WELCOMES THE APPOINTMENT OF DAME ANNE OWERS AS CHAIR OF THE INDEPENDENT POLICE COMPLAINTS COMMISSION

admin — Thu, 16 Feb 2012 12:29:46 +0000

PRESS RELEASE – For immediate release 16 February 2012

Dame Anne Owers, Chief Inspector of Prisons from 2001 to 2010, has been appointed Chair of the Independent Police Complaints Commission (IPCC), it was announced today.

Helen Shaw, Co-Director of INQUEST, said:

INQUEST welcomes the appointment of Dame Anne Owers as Chair of the Independent Police Complaints Commission, a position that has been vacant for far too long.

Her track record in being challenging, independent and committed to improving prison regimes during her time as Chief Inspector of Prisons was exemplary.

We know from our work with bereaved families that confidence in the IPCC is at an all-time low and that the organisation needs fundamental change. We look forward to working with Dame Anne Owers as she takes up this challenge.

Hands up for INQUEST 2012 – Mark Thomas confirmed as special guest

admin — Mon, 13 Feb 2012 08:32:00 +0000

An evening of comedy, music and a three-course gourmet Indian meal

With compère and auctioneer Jon Snow and special guest Mark Thomas.

Thursday 1 MARCH 2012 at The Porchester Hall

The third annual fundraising dinner Hands Up For INQUEST 2012 will take place on Thursday 1 March 2012 at the Porchester Hall in Bayswater, London, and will be one of the events marking INQUEST’s 30th anniversary.

In the current difficult funding climate, the generous support from guests at events such as this not only provides vital help to our fundraising efforts but also provides an evening for socialising, great fun and entertainment. Last year’s dinner raised £21,500 to support our work.

As this year is our 30th anniversary, all drinks will be included. There will be a special guest performance from activist comedian Mark Thomas, a celebrity auction, and a host of raffle prizes. We look forward to your company at what promises to be a entertaining evening of fine food and laughter in support of INQUEST.

Tickets (all proceeds go to INQUEST) and include 3 course Indian dinner and drinks:

£1500 per table of 10 ( sponsors rate) or £150 per individual seat (sponsors rate)

£1000 per table of 10 (standard rate) or £100 per individual seat (standard rate)

Download a booking form here. Sponsors will be listed and thanked in the commemorative programme and on the INQUEST website.

You can also read about:

Hands Up For INQUEST 2011

SUPREME COURT RULING WELCOMED BY LEADING MENTAL HEALTH AND HUMAN RIGHTS ORGANISATIONS

admin — Wed, 08 Feb 2012 09:48:34 +0000

PRESS RELEASE – For immediate release 8 February 2012

Hospitals must ensure that they take appropriate steps to prevent voluntary psychiatric patients from taking their own lives, according to a landmark judgment handed down today by the Supreme Court. The unanimous ruling, which has been welcomed by leading mental health and human rights organisations, held that Pennine Care NHS Trust had a duty under article 2 of the European Convention on Human Rights to protect the right to life of Melanie Rabone, and failed in this duty when she took her own life in April 2005.

Paul Farmer, Chief Executive of Mind said:

Today’s judgment recognises that a positive duty is owed towards patients with mental health problems at times when they are most at risk of harm. The law now applies whether or not a patient has been formally detained. Now it is clear that in times of crisis everyone will have the strongest protection that the law can offer.

Emma Norton, Liberty’s Legal Officer said:

This landmark human rights judgment means that voluntary patients in psychiatric care will finally get the same legal protection as sectioned patients. Hospitals rightly acknowledge their serious duties to detained people – why should those who have asked for help be any different?

Jodie Blackstock, Director of Criminal and EU Justice Policy at JUSTICE added:

With all the scepticism currently surrounding the European Convention on Human Rights, this case demonstrates what a vital role it has in protecting the rights of the most vulnerable in society. In this case the Supreme Court has not only acknowledged that through the Convention the state holds a responsibility for those in its care to which there is a real and immediate risk of death, but when it fails in that duty, parents should be entitled to vindicate their loss also.

INQUEST’s Co-Director, Deborah Coles said:

INQUEST welcomes the Supreme Court’s landmark ruling that psychiatric patients are owed a positive duty of protection under human rights law. This must go hand in hand with an investigation and inquest process that ensures deaths in psychiatric care are independently and robustly scrutinised. This would not only enable families to find out what happened to their relatives but also ensure lessons are learned to help prevent deaths in the future.

Notes to editors

1. In November 2011 the Supreme Court heard the case of Rabone v Pennine Care NHS Trust – a case with potentially far reaching benefits for psychiatric patients. Judgment was handed down today.

INQUEST, JUSTICE, Liberty and Mind intervened in the case in the Supreme Court. The organisations were legally represented, pro bono, by Paul Bowen and Alison Pickup of Doughty Street Chambers and Saimo Chahal of Bindmans LLP.

2. Patients on psychiatric wards are at a particularly significant risk of suicide – for many it is the very reason for their admission.

In 2008 the House of Lords heard the case of Savage v South Essex NHS Trust in which INQUEST, JUSTICE, Liberty and Mind intervened. The Court held that hospitals owed a duty to patients detained under the Mental Health Act 1983, such as Carol Savage, to prevent them from taking their own lives. It was a landmark case that recognised that where a psychiatric patient is compelled to be in hospital, the hospital authorities have a positive duty to safeguard them from taking their own lives.

However, the law did not give the same protection to informal (or “voluntary”) patients. For people who have experienced mental illness and self harm and for those who work closely with them, this seemed to be a glaring anomaly. Informal patients on psychiatric wards may be at just as much risk of suicide as detained patients. Yet the NHS Trust argued that they were not owed the same positive duty under the Human Rights Act because they were there by ‘choice.’

Today’s Supreme Court judgment means hospitals must ensure they take reasonable steps to safeguard the right to life of mental health patients in their care – regardless of whether they are detained or not – in circumstances where the authorities know or ought to know that there is a “real and immediate risk” to their life.

3. This case was brought by the parents of a 24 year old woman called Melanie Rabone, who had been admitted to the hospital as an emergency patient following a suicide attempt and was undergoing treatment for severe depression as an informal patient. There was a note on file that if Melanie tried to leave, she should be assessed under the Mental Health Act with a view to detaining her. Despite this, and against the wishes of her parents, she was granted leave from the ward. Shortly afterwards she took her own life. The Trust acknowledged that it had been negligent but denied that it owed her a direct, positive duty under the Human Rights Act to protect her.

4. INQUEST is the only organisation in England and Wales that provides a specialist, comprehensive advice service on contentious deaths and their investigation to bereaved people, lawyers, other advice and support agencies, the media, parliamentarians and the wider public.

5. JUSTICE is an all-party law reform organisation committed to access to justice, human rights and the rule of law. It is the British section of the International Commission of Jurists.

6. Liberty is an independent non-party political body whose principle objectives are the protection of civil liberties and the promotion of human rights in the UK.

7. Mind is the leading mental health charity in England and Wales. We provide advice and support to empower anyone experiencing a mental health problem. We campaign to improve services, raise awareness and promote understanding. We’re currently working to put people at the heart of mental health crisis care.

Woman’s Hour 4 February 2012 (BBC Radio 4)

admin — Sat, 04 Feb 2012 16:45:54 +0000

INQUEST’s Co-Director Deborah Coles spoke on the BBC Woman’s Hour programme alongside the father of a 17 year old who died in a Young Offender Institution – listen here.

BBC Radio – File on Four: Deaths in Custody

admin — Wed, 01 Feb 2012 15:44:16 +0000

BBC Radio 4′s File On Four programme broadcast on 31 January 2012 was on the subject of deaths in custody – download the podcast here (38 minutes MP3, 18Mb) or listen online.

INQUEST’s Co-Directors Deborah Coles and Helen Shaw write on deaths in custody following state use of force

admin — Tue, 31 Jan 2012 15:03:26 +0000

INQUEST Co-Directors Deborah Coles and Helen Shaw write at The Bureau of Investigative Journalism :

The regularity with which they [individuals and senior management] escape prosecution or conviction is exceptional when compared to civilians suspected of serious crimes. Through this process the perception is created that state agents are above the law.

Parents demand inquiry into teenage prison deaths (The Observer)

admin — Sat, 28 Jan 2012 18:50:39 +0000

(The Observer)

Deborah Coles, co-director ofINQUEST, a charity that advises the bereaved relatives of people who die in custody, said that the deaths of Hardy and Kelly raised fresh questions about sending vulnerable children to institutions unable to deal with their needs.

“This is a serious child protection issue and must be seen in that context,” Coles said. “Investigations, inquests, academic research and prison inspections all point to a prison system that is ill-resourced and ill-equipped to deal with the complex needs of our most vulnerable children and young people.”

INQUEST CALLS FOR ACTION FOLLOWING SECOND CHILD DEATH IN CUSTODY IN A WEEK

admin — Thu, 26 Jan 2012 13:37:11 +0000

PRESS RELEASE – For immediate release 26 January 2012

Following the deaths of two children in custody in less than a week, INQUEST Co-Director Deborah Coles said:

The tragic news that two children have apparently taken their own lives in custody in less than a week is not only shocking but unacceptable and a sad indictment of the way we treat children in conflict with the law.

The deaths of Jake Hardy and Alex Kelly whilst in the care of the state are not isolated cases and raise ongoing questions about why we continue to send some of our most vulnerable children into unsafe institutions ill-equipped to deal with their complex needs.

INQUEST has consistently argued for a holistic inquiry, in public, to examine the underlying systemic and policy issues. The failure of successive governments to hold an inquiry makes it impossible to learn from failures that have cost children their lives. We hope that this week’s events not only prompt parliamentary debate but decisive action by this government.

Notes to editors

Jake Hardy (17 years old) was found at HMYOI Hindley in Wigan last Friday 20 January and was taken to hospital. He died on Tuesday 24 January 2012. The Prison Service has said he had been identified as being at risk or suicide or self-harm. INQUEST is providing support to his family.

Alex Kelly (15 years old) was taken to hospital from HMP & YOI Cookham Wood near Rochester on Tuesday 24 January where he died on Wednesday 25 January 2012. The Prison Service has said he had been identified as being at risk of suicide or self-harm.

INQUEST’s casework and monitoring has documented the 33 deaths of children in penal custody in England and Wales since 1990.

INQUEST has been campaigning for a public inquiry into the treatment of children within the juvenile justice system since the death of 16 year old Joseph Scholes, a deeply disturbed young boy who hanged himself in his cell at Stoke Heath YOI in Shropshire in March 2002. The deaths of children in custody raise thematic issues that need to be addressed in a joined-up manner through a properly resourced inquiry so that appropriate recommendations are made to ensure that lessons are learned and safeguards put in place to protect the lives of children in the future.

INQUEST has a unique overview of the issues raised by the deaths of children in custody, having worked extensively with the families of the children who have died in custody and the lawyers representing them. As well as working with the family of Joseph Scholes, INQUEST has worked with the families of:

Gareth Myatt, a 15-year-old boy, died in June 2004 at Rainsbrook Secure Training Centre after three members of staff restrained him at HMYOI They continued despite his protests that he could not breathe and he died as a result of the restraint.
Adam Rickwood, at 14 the youngest child to die in custody, died in August 2004 at Hassockfield Secure Training Centre. Adam was found hanging hours after being hit on the nose by staff using a painful state-sanctioned “nose distraction technique”, subsequently found to be unlawful.
Liam McManus, a 15-year-old serving one month and 14 days for breach of licence at HMYOI Lancaster Farms, was found hanging from his cell bars in November 2007. The inquest jury decided Liam’s death was due to “systemic failings”.

In 2005 INQUEST published the first detailed analysis of child deaths as In The Care Of The State? Child Deaths in Penal Custody in England and Wales by Barry Goldson and Deborah Coles.

INQUEST has raised the issues highlighted by the deaths of children in custody at a national and international level as well as through various parliamentary inquiries (including the Parliamentary Joint Committee on Human Rights, the UN Committee on the Rights of the Child, the Committee on the Prevention on Torture).

Please refer to INQUEST the organisation in all capital letters in order to distinguish it from the legal hearing

INQUEST WELCOMES CRITICAL HOME AFFAIRS SELECT COMMITTEE REPORT ON ENFORCED REMOVALS

admin — Wed, 25 Jan 2012 23:01:25 +0000

PRESS RELEASE – Embargoed until 00.01 26 January 2012

Commenting on today’s publication of a highly-critical report from the Home Affairs Select Committee on the rules governing enforced removals in the UK, INQUEST’s Co-Director Deborah Coles said:

We welcome parliamentary recognition that restraint during enforced removals is dangerous, unauthorised and potentially lethal. That this committee has condemned the appalling procedures and racist culture surrounding these removals, once again highlights the lack of accountability of UKBA and their private contractors as has been previously documented by a number of NGOs.

The whistleblowers’ allegations of a culture within G4S that ignored health and safety and put lives in jeopardy through excessive and dangerous restraint is shocking but not surprising. The risks of positional asphyxia have been well-known to both G4S and the Home Office since the April 2004 death of 15 year old Gareth Myatt in the Secure Training Centre they ran at Rainsbrook.

Few changes appear to have been made after the death of Jimmy Mubenga. Surely this must now prompt the government into decisive action.

She added:

That a culture of secrecy pervades the use of force on detainees is underlined by the refusals of UKBA and the Home Office to release the guidance on the use of force and restraint provided to escorting contractors. In rejecting INQUEST’s freedom of information request for this material the government fails to recognise the overwhelming public interest in transparency, accountability and independent scrutiny of restraint techniques and the circumstances in which they are authorised for use.

Jimmy Mubenga’s wife Adrienne Makenda Kambana said:

I am still waiting for justice. Nothing can bring my husband back now but the system must change to stop this happening to anyone else. I hope the government will listen to what the Committee has said and help others.

Notes to editors:

Jimmy Mubenga was a healthy 46 year old Angolan man who died on 12 October 2010 whilst being restrained by three G4S security guards on a flight from Heathrow airport to Angola. Jimmy had lived in the UK for 16 years. He leaves behind a widow and five children born in the UK aged between one and 17 years. INQUEST has been working closely with the family and their lawyer, Mark Scott of Bhatt Murphy solicitors.

In April 2011, INQUEST published a comprehensive detailed briefing on the death of Jimmy Mubenga. The briefing can be found here (PDF).

In December 2010 INQUEST made a Freedom of Information Act requested for an unredacted copy of the current guidance covering the use of force and restraint provided to UKBA escorting contractors. UKBA and the Home Office refused to disclose the unredacted restraint guidance to INQUEST citing security concerns for non-disclosure. In September 2011 INQUEST lodged a complaint with the Information Commissioner’s Office. A decision is awaited.

INQUEST has considerable expertise working around restraint-related deaths in all form of detention including supporting the family of Gareth Myatt, a 15 year old mixed race boy, died in Rainsbrook Secure Training Centre. Attention focused on the use of restraint by privately-contracted G4S who ran the centre. Gareth was the first child to have died in a STCSecure Training Centre and the first to die following the use of force. Custody staff used a method of restraint called the ‘seated double embrace.’ This involved two guards holding down his upper body whilst another guard held Gareth’s head pushing it down towards his knees. He died from asphyxia as a direct result of the restraint used against him. Gareth Myatt’s death highlighted the dangers of restraint in the seated position. It also raised concerns over inter-agency communication and cross-sector learning from the fatal use of certain restraint techniques.

Jimmy Mubenga briefing – Home Affairs Committee to report on enforced removals from the UK

admin — Wed, 25 Jan 2012 14:39:00 +0000

The Parliamentary Home Affairs Select Committee is due to publish its report on enforced removals from the UK tomorrow morning, 26 January 2012.

INQUEST has published a comprehensive detailed briefing on the death of Jimmy Mubenga who died whilst being forcibly removed from the UK. He was a healthy 46 year old Angolan man who died in October 2010 whilst being restrained by three G4S security guards on a flight from Heathrow airport to Angola.

INQUEST & ILG make submission to JCHR on Justice & Security Green Paper

admin — Tue, 24 Jan 2012 12:13:16 +0000

Following on from the INQUEST and ILG response to the Justice & Security Green paper briefing ( PDF, 145KB), we have made a submission to the Parliamentary Joint Committee on Human Rights on the Justice & Security Green paper ( PDF,154KB).

Another damning report by Prisons Inspectorate slams conditions for women in HMP Styal

admin — Fri, 20 Jan 2012 14:50:38 +0000

Today’s damning report by HM Chief Inspector of prisons on HMP Styal has revealed further troubling evidence of the poor standard of care afforded to women with mental health problems imprisoned on the Keller Wing.

Deborah Coles, Co-Director of INQUEST, the organisation that works with the families of those who die in custody, said:

The evidence in this Inspectorate report is shocking particularly given Styal prison’s disturbing history of womens deaths.

It is shameful that the government has so clearly failed to act on previous concerns and warnings about the damaging and dangerous situation in Styal Prison, particularly for mentally ill women. They must explain to Parliament why recommendations from previous Inspectorate reports, coroners inquests and the Corston Report have been ignored? Until sentencers stop sending vulnerable women into prison there is the ever present risk of death and serious injury.

Download the report here.

INQUEST supports UFFC petition demanding deaths in custody inquiry

admin — Wed, 18 Jan 2012 18:00:51 +0000

INQUEST supports The United Families and Friends Campaign e-petition to the government calling for an independent judicial inquiry into all suspicious deaths in custody.

The petition text reads:

The United Families & Friends Campaign (UFFC) calls for an independent judicial inquiry into all suspicious deaths in custody.

UFFC is a coalition of families and friends of those that have died in the custody of police and prison officers as well as those who died in psychiatric and immigration detention. It also has members and supporters from campaign groups and advocacy organisations from across the UK.

The Independent Advisory Panel on Deaths in Custody report published in 2011 states: in total, there were 5,998 deaths recorded for the 11 years from 2000 to 2010. This is an average of 545 deaths per year. Despite the fact there have been 11 unlawful killing verdicts since 1990 there has never been a successful prosecution.

Find out more about the petition and the UFFC’s demands here; and click the button on the right to sign the petition online on the government’s website.

DOCTOR FACES PROSECUTION FOR GROSS NEGLIGENCE MANSLAUGHTER OVER DEATH IN POLICE CUSTODY

admin — Fri, 13 Jan 2012 10:44:10 +0000

PRESS RELEASE – For immediate release 13 January 2012

10 am Monday, 16th January, 2012
at Southwark Crown Court,
1 English Grounds,
off Tooley Street,
London SE1 2HU

The trial of Dr Hisham El-Baroudy for causing the death of Andrzej Rymarzak in police custody is due to begin on Monday 16 January 2012 at Southwark Crown Court.

Mr Andrzej Rymarzak died of opiate and alcohol intoxication at Chelsea police station, London, early in the morning on 22 January 2009 . He was examined hours earlier by Dr El-Baroudy, who certified that he was fit to be detained.

The prosecution allege that Dr El-Baroudy, who was a former Forensic Medical Examiner, owed Mr Rymarzak a duty of care and was grossly negligent.

Deborah Coles, Co-Director of INQUEST, said:

This death raises serious questions about the quality of medical care afforded people in police custody and the inappropriate use of police cells for those who require proper levels of care and supervision. The disturbing number of deaths in police custody of those under the influence of drugs and alcohol highlights the pressing need for alternatives to custody for this vulnerable group.

Mr Rymarzak’s family said:

We are very distressed by the circumstances of Andrzej’s death. We feel that he was treated as if he was less than human and not given the basic care that any person deserves.

Notes to editors:

The Rymarzak family will not be making any comment to the media during the course of the criminal trial.

In its 2010 report Deaths in or following police custody: An examination of the cases 1998/99-2008/09 the Independent Police Complaints Commission found that over the eleven year period 1998/99 to 2008/09 the majority of deaths in police custody were linked to alcohol or drugs, with both factors featuring in between 60% and 80% of the deaths. The report recommended that the Home Office and Department of Health should pilot alternative facilities for intoxicated people with access to medical provision, with a view to developing a national scheme.

Press release index

INQUEST and ILG response to the Justice & Security Green paper

admin — Fri, 06 Jan 2012 22:17:14 +0000

Read the INQUEST and ILG response to the Justice & Security Green paper briefing (PDF, 145KB).

Winter e-newsletter available now

admin — Fri, 16 Dec 2011 12:56:40 +0000

INQUEST’s Winter 2011 e-newsletter is online now and can be download directly as a PDF here.

You can read about how to subscribe to the e-newsletter and read back issues here.

GOVERNMENT FINALLY SEES SENSE ON INQUEST REFORM

admin — Wed, 23 Nov 2011 14:19:38 +0000

PRESS RELEASE – For immediate release 23 November 2011

INQUEST welcomes the government’s last minute decision to support the creation of the office of the Chief Coroner. The successful year-long campaign led by INQUEST and the Royal British Legion and supported by leading bereavement charities and medical professionals means the government has finally seen sense.

However in a crucial debate this afternoon Peers will be voting on a government amendment that saves the office of the Chief Coroner but repeals the clauses in the Coroners and Justice Act 2009 that provide for an appeals process. Far from creating a litigious culture and an endless right of appeal after inquests, the carefully-crafted framework in the Act has the potential to reduce the need for so many bereaved people to engage in expensive litigation. Before any irrevocable decision is taken, the office of the Chief Coroner should be set up and then a thorough evaluation of the costs, savings and impact of any appeals process can be made and a properly informed decision can be taken about how to move forward. We hope that the government will continue to listen and respond positively.

Helen Shaw, Co-Director of INQUEST said:

Parliament recognised that the inquest system is in urgent need of reform when it passed the Coroners and Justice Act 2009 with cross-party support. The Act created the framework for updating our coronial system so that it is fit for the 21^st century. We are delighted that the government has finally seen sense and will establish the Office of the Chief Coroner to lead and guide the process of fundamental reform that is so long overdue.

The Chief Coroner will be best placed to make a judgement about if and how an appeals process could be established based on the provisions agreed in the 2009 legislation. Each year tens of thousands of bereaved families are forced to endure lengthy delays and an archaic, unaccountable and inefficient system and this decision means the overdue reforms can be implement so that the coronial service can fulfil its vital function of preventing unnecessary deaths.

Sheila Taylor, mother of Michael Taylor who died in HMP Bedford in 2007, said:

Did we feel lessons were learned from the inquest? Yes, definitely. The trouble was that by then we knew lessons had been learned before, and there was no-one in overall control to ensure changes were implemented. I am really delighted that the new legislation is going to be implemented…“putting the bereaved at the heart of the system”. I know all the arguments about funding, but we all know that ultimately you spend more money going over the same ground again and again, and picking up the pieces of yet more damaged lives.

Supplementary Briefing for Public Bodies Bill Lord Consideration of Commons Amendments

Vacancy at INQUEST: Communications and Information Officer

admin — Fri, 18 Nov 2011 17:00:11 +0000

Vacancy at INQUEST: Communications and Information Officer [more...]

Updated Briefing on coronial reform

admin — Wed, 16 Nov 2011 14:19:40 +0000

INQUEST’s latest Briefing on why the Chief Coroner should not be included in the Public Bodies Bill is available as a PDF to download from here.

Benjamin Zephaniah’s BBC Radio 4 Appeal for INQUEST – 6 and 10 November 2011

admin — Mon, 31 Oct 2011 08:56:50 +0000

“I have been a patron of INQUEST’s for twenty years and really appreciated the importance of their service when my family needed their ongoing help after our relative died.” Benjamin Zephaniah

Listen to Benjamin Zephaniah’s BBC Radio 4 fundraising appeal for INQUEST on Sunday 6 November 2011 at 7.55 and 21:26 and repeated on Thursday 10 November at 15:27.

The BBC’s UK-wide broadcast appeals are made weekly on BBC Radio 4 (92-95 FM, 198 LW).

Our previous broadcast was presented by Linton Kwesi Johnson in February 2008.

INQUEST is a charity that provides a free independent advice service to bereaved people on contentious deaths and their investigation with a particular focus on deaths in custody.

• INQUEST’s publication The Inquest Handbook is a comprehensive guide to the inquest system in England and Wales available free to any family facing an inquest.
• INQUEST has an in-depth casework service on deaths in custody or involving state agents and other cases that raise wider issues about state or corporate accountability.
• Issues arising from its casework inform its parliamentary , policy and legal work to improve the investigation and inquest system and the treatment of bereaved people.
• INQUEST is widely consulted by parliamentarians, the media, policy makers and the public.
• The unique combination of casework, policy work and campaigning ensures that the voices of bereaved families are heard.
• Please SEND money to support the work of INQUEST. Spring 2011 to Spring 2012 is INQUEST’s 30th Anniversary year and we are marking this with a number of events.

This is the full transcript of Benjamin Zephaniah’s BBC Appeal for INQUEST (which can also be heard online here):

I’ve appealed before on Radio 4 for the charity INQUEST – listeners were generous and I just wanted to say ‘THANK YOU’ for supporting the work of this ‘small’ charity.

For over 30 years, INQUEST has been supporting families of those who die in prison, psychiatric hospital, police cells or following contact with the police. Because of its expertise on contentious deaths it is widely consulted by Parliamentarians, lawyers, policy makers and the public.

INQUEST guides families through the lengthy investigation and inquest process, its unique and specialist casework service providing free ongoing support.
The charity can help families find a lawyer so that questions and concerns about a death can be raised – in the hope that other deaths are prevented. Without this families can find themselves isolated and alone at an inquest while government funded lawyers are there to represent the interests of the prison and police service.
My family once needed the charity’s help and I can tell you we were very grateful, others feel the same.

This letter is from a family of a man who died in prison:

“Without your support, I could not have got through those traumatic months caused by the death of John. Your gentle, softly spoken words of comfort and guidance brought me through a very difficult period.”

Following sudden, unnatural deaths such as those in custody, at work, in hospital, or on public transport, a coroners’ inquest is often the only opportunity a family has to ask questions about how their relative died. The charity has an Inquest Handbook available for any bereaved family that explains the whole process. As another letter says:

“As a family we had no idea of how to even start going about preparing for Alex’s inquest and to be honest we were scared, but with your support and comfort we felt assured”

The small dedicated team at INQUEST helps over 350 families each year providing a vital service at a deeply traumatic time. ‘Support’ that is described in one letter as: “a glowing light in a very dark tunnel.”

You can make a donation now by calling 0800 404 8144, that’s 0800 404 8144. Or you can send a cheque payable to INQUEST to FREEPOST BBC RADIO 4 APPEAL. That’s FREEPOST BBC RADIO 4 APPEAL. Please mark the back of your envelope INQUEST.

Thanks

CHARITIES CALL ON MPs TO VOTE FOR THE CHIEF CORONER

admin — Tue, 25 Oct 2011 10:20:15 +0000

PRESS RELEASE – For immediate release 25 October 2011

Ahead of today’s debate on the Public Bodies Bill, 18 national charities have written to the Times to urge MPs to vote to take the office of the Chief Coroner out of the Bill. The letter reads

Charities supporting bereaved people will be watching MPs closely today. Two years ago we welcomed Parliament’s decision to establish a Chief Coroner. Now as part of the Public Bodies Bill before the House of Commons today, the Government proposes to dismantle this vital post.

Inquests into contentious or sudden deaths – in accidents, in road crashes, at work, through suicide, in custody or in the Armed Forces – are often the only public forum in which bereaved people can seek answers and other lives can be safeguarded. But they are beset with unacceptable delays, inconsistent standards of service.

The Chief Coroner, as the centrepiece of the Coroners and Justice Act passed with cross-party support in 2009, underpins a necessary overhaul. The role was designed to ensure judicial oversight, enforce national standards and increase accountability. The Chief Coroner would lead the development of a functioning system that could make a vital contribution to saving lives.

The proposals to dismantle the role and transfer certain responsibilities to others will not bring about the reform necessary to improve bereaved families’ experiences. Instead, the piecemeal measures will add further complexity and uncertainty to an already fragmented system.

We must not lose this opportunity to create an inquest system fit for the 21st Century with bereaved families at its heart. That is why we urge all MPs to support the amendment tabled by Conservative backbencher, Andrew Percy MP, to remove the Chief Coroner from the Bill.

Helen Shaw, Co-Director, INQUEST

Chris Simpkins, Director General, The Royal British Legion

Javed Khan, Chief Executive, Victim Support

Debbie Kerslake, Chief Executive, Cruse Bereavement Care

Pamela Dix, Executive Director, Disaster Action

Catherine Johnstone, Chief Executive, Samaritans

Alison Penny, Childhood Bereavement Network: National Children’s Bureau

Ann Chalmers, Chief Executive, Child Bereavement Charity

Mark Goldring CBE, Chief Executive, Mencap

Neal Long, Chief Executive, Sands

Angela Samata, Chair, Survivors of Bereavement by Suicide

Diana Youdale, Chief Executive, The Compassionate Friends

Peter Walsh, Chief Executive, Action against Medical Accidents (AvMA)

Stephanie Trotter OBE, President & Director, CO-Gas Safety

Cynthia Barlow, Chair, RoadPeace

Alison Cox MBE, Founder & Chief Executive, Cardiac Risk in the Young (CRY)

David Hines, Chairman, National Victims’ Association

Eve Henderson, Director & Co-founder, Support After Murder & Manslaughter Abroad

Notes to editors:

INQUEST’s press release 24 October MPs URGED TO VOTE TO SAVE THE CHIEF CORONER can be read here.

MPs URGED TO VOTE TO SAVE THE CHIEF CORONER

admin — Mon, 24 Oct 2011 11:52:57 +0000

PRESS RELEASE - For immediate release 24 October 2011

Tomorrow MPs will have the chance to vote to save the Chief Coroner from inclusion in the government’s ‘bonfire of the quangos.’ The Public Bodies Bill Report and Third Reading debate in the House of Commons takes place on Tuesday 25 October and an amendment has been tabled by Andrew Percy MP to remove all reference to the Chief Coroner from the Bill. The vote will have profound implications for the fundamental reform of the inquest system.

Following an initial failed attempt in the House of Lords to remove the post of the Chief Coroner from the statute completely via its inclusion in the list of public bodies to be abolished, the government amendment passed at Committee stage in the House of Commons last week includes the judicial post of the Chief Coroner in schedule 5 (Power to Modify or Transfer Functions) of the Bill. In a written ministerial statement to the House of Commons on 14 June the Secretary of State for Justice and Lord Chancellor, Kenneth Clarke MP, outlined details of a proposal to transfer a limited number of the Chief Coroner’s statutory powers to the Lord Chief Justice and others to himself as Lord Chancellor. This has been presented as fundamental reform but essentially it leaves the same system in place.

INQUEST is working with a broad coalition of organisations representing bereaved families, professionals engaged with the inquest system and parliamentarians to argue that there is an alternative to government proposals. Together with the Royal British Legion we have produced an alternative timetable for full implementation of the reforms and arguing for any mention of the Chief Coroner to be removed from the Public Bodies Bill.

Last week at a parliamentary meeting bereaved families, whose relatives had died in prison, on active service in Afghanistan and following road traffic accidents, gave powerful testimony about their experiences of the current flawed system and urged parliamentarians not to waste this once in a lifetime opportunity for fundamental reform.

Speaking at the meeting Sheila Taylor, mother of Michael Taylor who died in HMP Bedford in 2007, said:

Did we feel lessons were learned from the inquest? Yes, definitely. The trouble was that by then we knew lessons had been learned before, and there was no-one in overall control to ensure changes were implemented. We were really delighted that there was going to be new legislation…”putting the bereaved at the heart of the system.” I feel devastated that this might not happen. I know all the arguments about funding, but we all know that ultimately you spend more money going over the same ground again and again, and picking up the pieces of yet more damaged lives.

Helen Shaw, Co-Director of INQUEST, said:

Parliament recognised that the inquest system is in urgent need of reform when it passed the Coroners and Justice Act just two years ago with cross-party support. The Act created the framework for updating our coronial system so that it is fit for the 21^st century.

We cannot allow short term financial considerations to throw the years of thoughtful work reflected in the legislation onto the so-called `bonfire of the quangos.’ Each year tens of thousands of bereaved families are forced to endure lengthy delays and an archaic, unaccountable and inefficient system which also leaves the coronial service unable to fulfil its vital function of preventing unnecessary deaths.

Notes to editors:

In advance of the debate on 25 October 2011, INQUEST has published a Third Reading Briefing on the Chief Coroner for MPs debating the Public Bodies Bill which outlines the need for overhaul of the inquest system and examines the government’s arguments for abolition of the Chief Coroner’s office. The full briefing can be found on the INQUEST website here.
The Coroners and Justice Act received cross-party support during its passage through Parliament in 2009. Central to the new framework was the post of Chief Coroner, a judicial office-holder who would lead reform, introduce national standards and oversee a new appeals system. In October 2010, the coalition government announced they would not implement key provisions of the Act and attempted to abolish the office of Chief Coroner through the Public Bodies Bill. Clause 1 of the Bill confers a general enabling power on a Minister to, by order, abolish a body or office listed in the schedules to the Bill (which includes the Chief Coroner for England and Wales in schedule 1). In December 2010, the House of Lords passed an amendment, by 277 votes to 165 to remove the Chief Coroner and associated offices from the Bill. In June 2011 the government announced it would no longer abolish the post but has re-inserted the office into schedule 5 of the Bill (Power to Transfer or Modify) at Committee stage.
Bereaved families and specialist organisations such as INQUEST contributed time and effort to the lengthy consultation processes that led up to the enactment of the Coroners and Justice Act 2009 including submitting written consultations, meeting with policy-makers and Ministers, organising and speaking at parliamentary meetings/committees. For full details see here .
INQUEST provides a specialist, comprehensive advice service on contentious deaths and their investigation to bereaved people, lawyers, other advice and support agencies, the media, parliamentarians and the wider public. INQUEST is represented on the Ministerial Council on Deaths in Custody and sat on the Ministry of Justice’s Coroner Service Stakeholder Forum.

United Families & Friends Campaign 2011 Annual March Against Custody Deaths

admin — Fri, 21 Oct 2011 12:03:04 +0000

Saturday 29 October 2011 – 12:30pm

Assemble: South side of Nelsons Column, Trafalgar Square, London, WC2N 5DN

United Families & Friends Campaign (UFFC) Protest & Rally Against Custody Deaths And Abuse!

Silent procession in memory of lost loved ones along Whitehall followed by noisy protest at Downing Street.

All welcome – bring your campaign or group’s banner

Family campaigns attending include:

The campaign to end deaths and abuses in custody.

Further info: contact United Families & Friends Campaign.

INQUEST INTO THE DEATH OF SHARON BATEY IN BRADFORD POLICE STATION TO CONCLUDE THIS WEEK.

admin — Thu, 06 Oct 2011 09:58:27 +0000

PRESS RELEASE – For immediate release 5 October 2011

Monday 3 October to Friday 7 October 2011.
Before HM Assistant Deputy Coroner Paul Marks.
Sitting at Coroner’s Court, Western District, Office City Courts Bradford BD1 1LA

Sharon Batey collapsed at approximately 10.57 and died in Bradford Police Station on 8July 2008, the pathologist’s cause of death being acute alcohol withdrawal syndrome. She had been in custody since 16.30 the previous afternoon, after being arrested for being drunk in a public place in charge of a child under seven years. During her period in detention she was examined by two doctors and two nurses and at one stage sent to hospital.

The inquest into her death, held this week, will consider whether it is possible that increased medication could have prevented her death, and whether her withdrawal was adequately treated.

Sharon’s family are concerned that a variety of medical professionals came to a variety of different decisions as to her fitness to detain or interview, that her initial arrest was unnecessary, that other methods of dealing with her could have been explored, and that her death could have been avoided. The inquest is due to conclude on Friday 7 October 2011.

The family is being represented at the inquest by INQUEST Lawyers Group member Ruth Bundey, partner at Harrison Bundey solicitors.

Summer e-newsletter and Inquest Law 22 out now

admin — Fri, 09 Sep 2011 10:08:05 +0000

INQUEST’s e-newsletter for Summer 2011 is online now – please download it directly as a PDF here.

You can read about how to subscribe to the e-newsletter and read back issues here.

The 22nd edition of Inquest Law, the journal of the INQUEST Lawyers Group has also been published, and you can subscribe or buy individual copies here.

INQUEST responds to consultation on draft Charter for the coroner service

Hannah — Mon, 05 Sep 2011 15:01:56 +0000

INQUEST has submitted a response to government Consultation Paper CP 5/2011 “The draft Charter for the current coroner service”. Our full response is available here: INQUEST response to Charter consultation September 2011

In praise of… INQUEST (Guardian editorial)

admin — Mon, 05 Sep 2011 10:04:30 +0000

In praise of… INQUEST (Guardian editorial) [more...]

FAMILY TO LAY VICTIM OF POLICE SHOOTING TO REST

admin — Fri, 02 Sep 2011 07:20:16 +0000

PRESS NOTICE – 2 September 2011

On Friday 9 September 2011 the family of Mark Duggan will lay him to rest. Mark was shot dead by Metropolitan police on Thursday 4 August 2011.

The funeral cortege will be leaving will be leaving from Mark’s parents house at 10:00am, travelling through Broadwater farm to the New Testament Church Of God, Arcadian Garden, Wood Green N22 5AA where the service starts at 11:00am. They will then travel to Wood Green Cemetery, Wolves Lane N22 for 2pm.

The reception after the cemetery will be held at the Broadwater Farm Community Centre, Adams Road, N17 6HE. The family ask that the media respect their privacy at this difficult time and direct all queries to their solicitor, Marcia Willis-Stewart.

Further Information
Marcia Willis-Stewart, Family solicitor, Birnberg Peirce & Partners	office 020 7911 0166

MOVE TOWARDS GREATER ACCOUNTABILITY FOR DEATHS IN CUSTODY WELCOMED

admin — Wed, 31 Aug 2011 08:00:57 +0000

PRESS RELEASE – For immediate release 31 August 2011

INQUEST welcomes the implementation of the death in custody provisions in the Corporate Manslaughter and Corporate Homicide Act which finally come into force on 1 September 2011.

There are currently serious gaps in accountability following a death in custody. Existing mechanisms for investigating deaths such as the Independent Police Complaints Commission, the Prisons and Probation Ombudsman and the inquest system are not concerned with determining liability. Investigations and inquest findings are not routinely monitored or published publicly and there is no statutory requirement for public bodies to act on the findings of these investigations. The current gap in accountability is exemplified by the fact that of the 12 unlawful killing verdicts returned by juries at inquests into deaths in custody since 1990, to date, none have led to a successful criminal prosecution.

Since it was set up in the early 1980s INQUEST worked with families and campaigners on the issue of corporate accountability following a number of major disasters including the Herald of Free Enterprise, the Marchioness, Hillsborough and a number of rail disasters alongside providing advice and support to many individual families following workplace deaths. When the original Bill was published in 2007 INQUEST successfully argued that decision to exclude public bodies including prisons, the police, emergency services and child protection services from the remit of this legislation had no logical, legal or moral case where grossly negligent practices or management failures have caused fatalities.

Helen Shaw, Co-Director of INQUEST, said:

Whilst not all deaths in custody are a result of grossly negligent management failings that would lead to consideration of a corporate manslaughter prosecution many of INQUEST’s cases have revealed a catalogue of failings in the treatment and care of vulnerable people in custody and raised issues of negligence, management failings and failures in the duty of care.

The new provisions provide a new avenue to address these problems and will hopefully have a deterrent effect, preventing future deaths and could also have a key role in maintaining confidence in public bodies by addressing the accountability gap that currently exists following a death in custody.

She added:

We also welcome the government’s decision to extend these corporate manslaughter provisions to the UK Border Agency. Even though the provisions will not apply retrospectively, and so will not cover the October 2010 death of Jimmy Mubenga who died whilst being deported by the private contractors G4S, this is a positive step towards greater accountability.

Notes to editors:

The Corporate Manslaughter and Corporate Homicide Act 2007 created an offence whereby an organisation could be found guilty of corporate manslaughter if the way in which its activities were managed or organised resulted in a death and amounted to a gross breach of a relevant duty of care to the deceased (s.1). The offence was created to deal with the problem of obtaining convictions of corporate bodies because of the operation of the identification principle, which required the prosecution to show that the offence was in essence committed by the “directing mind” of an organisation which, given the complexities of decision-making in companies, it was difficult to identify a single individual with specific responsibility for the failing. Section 2(1)(d) of the Act means the offence can be applicable to some custody providers. Implementation of this provision was delayed to allow custody providers time to ensure they were compliant with the Act.
In a written ministerial statement on 18 March 2011, the Parliamentary Under-Secretary of State for Justice outlined the government’s intention to bring forward secondary legislation to implement the death in custody provisions and to add further categories of custody providers to the Act – including the UK Border Agency. The secondary legislation was debated by the House of Lords on 5 July 2011. A full Hansard transcript of the debate can be found here.
A letter from Lord McNally to Lord Thomas following the debate on the Statutory Instruments, confirms that the Act will apply to private providers and particularly those supplying immigration escort services (see PDF here).
Bereaved families and specialist organisations such as INQUEST contributed time and effort to the lengthy consultation processes that led up to the enactment of the provisions in the Corporate Manslaughter and Corporate Homicide Act 2007.

In 2005-6 INQUEST made submissions as a draft Bill was subject to pre-legislative scrutiny and raised the exclusion of deaths in custody as an issue.
When the Bill was debated by parliamentarians in 2007, as part of a coalition of non-governmental organisations (including Liberty, JUSTICE and the Prison Reform Trust, we proposed the inclusion of s.2(1)(d) in the Bill, published briefings and held parliamentary meetings including a session where MPs heard from Imtiaz Amin, uncle of Zahid Mubarek who was murdered by his cellmate in HM YOI Feltham in March 2000.
Once the Act received Royal Assent we monitored progress towards implementation including raising the issue at the Ministerial Board on Deaths in Custody, tabling parliamentary questions to check on progress and briefing Peers on the issue in advance of the debate on the statutory instruments to bring the measure into force.

5. Jimmy Mubenga died in October 2010 on an aeroplane whilst being deported by officials from the private company G4S who were contracted to provide immigration removal services by the UK Border Agency. INQUEST has produced a Briefing on Jimmy Mubenga’s death which can be found here.

INQUEST women 5k run

admin — Tue, 30 Aug 2011 11:57:43 +0000

A team of women, including INQUEST’s Co-Director Helen Shaw, have joined together to participate in the Addidas Women’s 5k run in Hyde Park in London on 11 September 2011, to raise money for INQUEST as they mark 30 years of working for truth, justice and accountability after contentious deaths.

The team’s target is visible on the right and also on their JustGiving fundraising page. Your donation can really help make a difference to the work INQUEST can do.

Corporate homicide law extended to prisons and police cells (The Guardian)

admin — Tue, 30 Aug 2011 08:38:00 +0000