A report by the Independent has revealed in 101 out of 233 self-inflicted deaths investigated by the Prison and Probation Ombudsman, the mental or physical healthcare received in prison did not meet the requirement for the same standard of healthcare as someone living in the community.

In each case, a clinical reviewer assessed whether the care was equivalent to what they would expect to be provided to someone in the community. In many of the self-inflicted deaths, the failings related to the mental healthcare provided.

In response to these figures, the chairman of the justice committee, Andy Slaughter, said “we are failing people in custody”. The chief inspector of prisons, Charlie Taylor, warned “without any doubt” there will be more potentially preventable deaths if action is not taken to drive up standards, saying that: “We see it frequently in prisons that we inspect that there are people who just aren’t getting the support that they need”.

Here at Farleys, we have a wealth of experience in representing families whose loved ones have died in prison.

We recently represented the family of Jason Lee McQuoid in the inquest into his death. Jason died whilst at HMP Risley in March 2021. His inquest concluded in October last year and the jury found several failures with his care, including a failure to refer Jason for mental health intervention on his arrival to the prison.

Jason’s mental health deteriorated in the five days before his death and he was monitored under suicide and self-harm prevention procedures known as ACCT (Assessment, Care in Custody and Teamwork). There were multiple missed opportunities to consider Jason’s risk.

The mental health practitioner at the initial ACCT review did not know Jason’s history, did not consider his records and was not aware of his recent presentation. The initial ACCT was closed within hours of being opened. The next day, the ACCT was re-opened, when Jason set a fire in his cell. Jason also said, more than once, that he was going to kill himself. He made a further request to see the mental health team. The jury recorded inadequate communication between prison officers and the mental health team.

The jury also found that due to a lack of communication between reception, prison officers and the mental health team, Jason’s mental state was not fully assessed. Further, the frequency of the weekly assessment meetings did not allow for the mental health team to pick up on the rapid deterioration of Jason’s mental state.

The jury went on to find failures in how the observations under the ACCT process were carried out on the night that Jason died.

You can read more about the findings in Jason’s inquest here.

If your loved one has passed away while in custody, our team will do all they can to offer you advice and support throughout the process. Often, legal aid will be available for family members to be represented at an inquest when someone has died in prison.

Call us on 0845 287 0939 or send your enquiry through our online form.