Hodge Jones & Allen

Coroner announces intention to make a Rule 43 report following the death of Rebecca Smith at HMP Buckley Hall

 

21st December 2009

 

On 17 December 2009, the jury at the inquest held before HM Coroner for Greater Manchester North, Simon Nelson, sitting at Tops Business Centre, Heywood, Lancashire, reached a unanimous verdict that “Rebecca Smith took her own life whilst she was suffering from an enduring mental health condition.”

 

Rebecca had a long history of mental health problems, including several attempts at suicide. Throughout her life, she found changes to her routine and environment very difficult. However, she managed to live successfully for long periods in her own home with the support of her long-standing Community Psychiatric Nurse and local mental health team.

 

On 18 September 2003, Rebecca set fire to a sofa in her flat in a failed suicide attempt. She was charged with arson with intent to endanger life and remanded into custody at her local prison, Eastwood Park. Both her Community Psychiatric Nurse and family visited her regularly in HMP Eastwood Park where she spent most her time in the in-patient Health Care Centre.

 

After being sentenced in March 2004, Rebecca was moved to HMP Buckley Hall, a training prison 200 miles away from her home in accordance with prison regulations, Prison Service Order 0900.

 

HMP Buckley Hall had no in-patient Health Care Centre, despite receiving large numbers of female prisoners with serious mental health problems. Rebecca’s family and Community Psychiatric Nurse were no longer able to visit her due to the distance involved. The upheaval for Rebecca was considerable and arranged at one day’s notice.

 

After being transferred to HMP Buckley Hall, Rebecca had refused to take her anti – psychotic medication. She had also stated to prison staff that she would end her life by self -suffocation. Six days before her death Rebecca was moved from the induction wing to a residential wing. Four days before her death, a decision was taken to end the additional observations by prison staff used to safe guard prisoners at risk of self- harm and suicide known as F2052SH.   

 

Within a month of the transfer, she had ended her own life by self –suffocation with a plastic bag. She was found dead in her cell by a prison officer who tried unsuccessfully (along with other prison staff) to resuscitate her. A pathologist explained to the inquest that Rebecca was probably dead within four minutes of placing the bag over her head.

 

The coroner has indicated that he intends to write to the Ministry of Justice, further to rule 43 of the Coroners Rules, asking that:

 

1. The relevant Prison Regulations on the transfer of prisoners from one prison to another (PSO 0900 (Categorisation & Allocation)) are revisited, to ensure that greater account is taken of individual’s prisoners’ clinical and social needs (as well as the receiving prison’s ability to meet those needs).
2. Review of items, given to a prisoner who has indicated that she will self harm, in a particular manner, are undertaken, to ensure that the prisoner does not have access to objects she may use to self –harm. 
3. The emergency radio codes used by prison staff to summon help to an injured prisoner or prison officer are uniformly applied across all prisons in England Wales, to enable appropriate help to be given immediately.
4. All prison officers are given resuscitation training as part of their basic first training, during their induction.

 

Rebecca’s family hope that the rule 43 letter will either prevent or at least substantially reduce the risk of further self-inflicted fatalities within the prison population.

 

Yet again, an inquest into the death of a vulnerable woman in prison raises questions about their imprisonment. INQUEST will continue to work to ensure that such women are diverted from custody, as recommended by Baroness Corston's report on Women with Particular Vulnerabilities in the Criminal Justice System in 2007.

 

Rebecca Smith’s family was represented by INQUEST Lawyers Group member Anna Thwaites from Hodge Jones & Allen Solicitors and counsel Fiona Paterson from 3 Serjeant’s Inn Chambers.