A Report by the Prisons and Probation Ombudsman Nigel Newcomen CBE
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A Report by the Prisons and Probation Ombudsman Nigel Newcomen CBE Investigation into the death of a man at HMP Erlestoke in May 2014 Our Vision ‘To be a leading, independent investigatory body, a model to others, that makes a significant contribution to safer, fairer custody and offender supervision’ 2 This is the investigation report into the death from a drug overdose of a man in May 2014 at HMP Erlestoke. He was 45 years old. I offer my condolences to his family and friends. A review of the clinical care the man received in prison was conducted. The prison cooperated fully with the investigation. The man was sentenced to five years and 11 months in prison in December 2011 for violent offences. He suffered from mental health problems which affected his behaviour. Prison mental health staff reviewed him frequently and provided support. In September 2013, the man was transferred to Erlestoke. He continued to have frequent contact with mental health services. Staff noted that his behaviour had improved and recorded no major concerns. In May 2014, the man spent time around the wing and spoke to staff and other prisoners. He went back to his cell at lunchtime. Later that afternoon, officers found him unresponsive in his cell. They radioed for an emergency ambulance and attempted to resuscitate him. Shortly afterwards, paramedics attended and pronounced him dead. A post-mortem report concluded that the man died from the toxic effects of heroin. It is not clear when and where he took the heroin and I am satisfied that Erlestoke could not have predicted or prevented his death. The investigation found that an opportunity to check his welfare was missed when his cell was unlocked earlier in the afternoon. However, we cannot say whether this would have changed the outcome. This version of my report, published on my website, has been amended to remove the names of the man who died and those of staff and prisoners involved in my investigation. Nigel Newcomen CBE Prisons and Probation Ombudsman February 2015 3 CONTENTS Summary The investigation process HMP Erlestoke Key events Issues Recommendations Action Plan 4 SUMMARY 1. The man was sentenced to five years and 11 months in prison in December 2011 for violent offences. He had been in prison before. He had a history of mental health problems, and had previously abused alcohol and drugs. 2. The man moved between a number of prisons during his sentence. His mental health problems included obsessive compulsive disorder (OCD) and attention deficit hyperactivity disorder (ADHD), which affected his behaviour. Mental health staff reviewed him frequently and supported him. They had some success in helping him manage his behaviour. 3. In September 2013, the man transferred to HMP Erlestoke. He continued to have frequent contact with mental health services. Staff noted that his behaviour had improved and recorded no major concerns. 4. On a morning in May 2014, the man spent time around the wing and spoke to staff and other prisoners. He went to his cell at lunchtime and was locked in over the lunch period till around 1.30pm. During the afternoon, prisoners went to see him but left him as he appeared to be sleeping. At around 5.00pm, another prisoner and an officer took food to his cell as he had not collected his dinner. They also thought that he was asleep and left his meal in the cell. 5. At around 5.45pm, officers went to check the man as they had not seen him on the wing that afternoon. The officers found him unresponsive and radioed for an emergency ambulance. The officers attempted to resuscitate him but shortly afterwards paramedics arrived and pronounced him dead. 6. A post-mortem report concluded that the man died from the toxic effects of heroin. Staff and police found no drugs in his cell after his death, and we do not know where he got heroin from or when he took it. Intelligence information suggested that another prisoner had supplied him with heroin the day before he died, but the prison and police investigations could not verify this. 7. We are satisfied that Erlestoke could not have predicted or prevented the man’s death. There was no evidence that he took an overdose of heroin on purpose. However, an officer missed a possible opportunity to check on his welfare when he unlocked his cell in the afternoon. We cannot say whether this would have changed the outcome. 8. The clinical reviewer concluded that the standard of healthcare the man received at Erlestoke was at least equivalent to that which he could have expected to receive in the community. We make one recommendation about unlock procedures. 5 THE INVESTIGATION PROCESS 9. The investigator issued notices to staff and prisoners at HMP Erlestoke informing them of the investigation and inviting anyone with relevant information to contact him. One prisoner responded. 10. NHS England commissioned a clinical review of the man’s clinical care in prison. 11. The investigator obtained copies of the man’s medical records and relevant extracts from his prison record. He visited the unit at Erlestoke where the man lived. He and the clinical reviewer interviewed staff and prisoners. He gave the Governor initial feedback about the preliminary findings of the investigation. 12. We informed HM Coroner for Wiltshire & Swindon of the investigation, who provided the post-mortem report. We have sent the Coroner a copy of this investigation report. 13. One of the Ombudsman’s family liaison officers contacted the man’s mother to explain the investigation. She said that the Coroner had initially told her that her son died of a heart attack. She said that he was not a drug user and tried to keep healthy by going to the gym and eating well. He had been looking forward to his release in August. She asked the following questions: • How did he get drugs? Did he inject the heroin? • Could his death have been self-inflicted? Did he mean to take an overdose? 14. The man’s family received a copy of the draft report. The solicitor representing the family wrote to us and raised a number of questions and we have provided clarification by way of separate correspondence to the solicitor. The prison has also submitted an action plan detailing what they have done to address the issue we raised and this is included at the end of the report. 6 HMP ERLESTOKE 15. HMP Erlestoke is a medium secure prison near Devizes in Wiltshire. It holds around 500 men. Great Western Hospitals NHS Foundation Trust provides health services at the prison, and sub-contracts mental health services to Wiltshire Mental Health Partnership NHS Trust. Healthcare staff are on duty from Monday to Friday. There is an out-of-hours service at night and at weekends. Three GPs from a local practice run a clinic each weekday. HM Inspectorate of Prisons 16. The most recent inspection of Erlestoke was in September and October 2013. The Inspectorate found it to be a safe, well-led and effective prison. They noted a vigorous approach to reducing the supply of illicit drugs. Mandatory drug tests suggested that the prison was tackling illicit drug use, although nearly half of prisoners the Inspectorate surveyed said it was easy to get drugs in the prison. Independent Monitoring Board 17. Each prison has an Independent Monitoring Board (IMB) of unpaid volunteers from the local community who help ensure that prisoners are treated fairly and decently. In its most recent published report for the year to 31 March 2013, the IMB was concerned about the illicit use of prescribed medication in the prison. The IMB noted that staff carried out regular compliance checks to minimise this. Previous deaths at HMP Erlestoke 18. The man was the first prisoner to die at Erlestoke since 2010. 7 KEY EVENTS 19. The man was remanded to prison in July 2011 and went to HMP Exeter. On 8 December, he was sentenced to five years and 11 months in prison for violent offences. His conditional release date was 11 August 2014. He had a number of convictions and had been in prison before. He had a history of alcohol and drug misuse. 20. The man had mental health problems, including obsessive-compulsive disorder (OCD, an anxiety disorder) and attention deficit hyperactivity disorder (ADHD, a psychiatric disorder). Although mental health specialists diagnosed these conditions as far back as 2007, prison healthcare staff initially had difficulty treating him effectively. His behaviour towards staff was often aggressive and abusive and he found it difficult to control his obsessive behaviours. 21. After time spent at HMP Channings Wood and HMP Erlestoke, the man arrived at HMP Portland in July 2012. At his initial health screen at Portland, a nurse noted that he had high risk mental health issues and referred him to mental health services. After this, he had frequent mental health reviews. Staff reviewed and amended his medication as necessary, and worked with him to reduce the symptoms of his OCD and ADHD. 22. On 13 December, a nurse reviewed the man on the wing after officers said that he had fallen and hurt his back. She recorded that he had been sick and incontinent. He told her that he had fallen earlier that morning because of a trapped nerve in his back. He said that he had taken a substance, but would not say what it was. 23. The nurse reviewed the man again twice during the day. She took his clinical observations, which were normal. Officers told her they believed that another prisoner had given him an ecstasy tablet that morning.