HC Deb 19 December 2003 vol 416 cc10-1W
Joan Ruddock

To ask the Secretary of State for the Home Department what steps have been taken to ensure that investigations into deaths in prison or police custody are(a) independent, (b) thorough, (c) in compliance with relevant mental health standards and (d) respond to the concerns of the families of the deceased. [142885]

Paul Goggins

An external team investigates all deaths in prison custody. Out of area investigations are recommended as good practice. A review of investigations into deaths in custody has resulted in some investigations being led by an investigator independent of the Prison Service or with the support of a multi-agency advisory panel. In two recent cases the Prisons and Probation Ombudsman has been commissioned to conduct an investigation and plans are in hand to transfer the function to him.

Prison Service staff leading investigations into deaths in custody attend two training courses, the first covering investigations generally and the second dealing specifically with investigating deaths in custody. Two detailed and comprehensive Prison Service Orders (1300 "Investigations" and 1301 "Investigating death in custody") provide guidance and advice to ensure that investigations are thorough.

Through its partnership with the Department of Health, the Prison Service is working to establish links locally and nationally with the National Institute Mental Health England (NIMHE) in implementing Standard Seven "Preventing Suicide" of the National Service Framework for Mental Health published in 1999. Learning lessons and changing practice as a result of the thorough investigations that follow a death in custody is a key factor in this framework.

Investigators always offer to meet bereaved families and investigation reports are disclosed to families in consultation with the Coroner before the inquest. In order to provide greater insight and explanation for bereaved families, investigators are now required to include families in the investigation process.

Deaths in police custody are subject to investigation under the statutory complaints system set out in the Police Act 1996 and police forces voluntarily refer all such deaths to the Police Complaints Authority (PCA) to oversee the investigations undertaken.

Under the provisions of the Police Reform Act 2002, a new police complaints system will be implemented on 1 April 2004. The Independent Police Complaints Commission (IPCC) will replace the Police Complaints Authority. Under the new system, all deaths in police custody which involve potential misconduct from a member of a police force must be referred to the IPCC, whether or not a complaint has been made.

Depending on the circumstances of the case, the IPCC can investigate the incident using its own investigators, or it can choose to manage or supervise a police investigation. The IPCC and the police will have all the necessary powers and will be expected to conduct thorough investigations which comply with all relevant standards.

Complainants and other interested persons—including family members—will have the opportunity to participate in the conduct of an investigation and will have a right to be kept informed of its progress and outcome.