HC Deb 10 November 2003 vol 413 cc97-8W
Chris Ruane

To ask the Secretary of State for the Home Department (1) what steps he is taking to ensure that families whose children have died in custody are informed of developments in investigations; [135788]

(2) what measures are in place to prevent death of young people in custody. [135790]

Paul Goggins

All deaths in prison custody are subject to a police investigation and a coroner's inquest before a jury, in which the family can be involved. The Prison Service conducts an internal investigation and is currently trialling new guidelines designed to incorporate independence and ensure greater participation of the family, for example, by commenting on the terms of reference of the investigation and having discussions with members of the investigatory team.

In the case of a juvenile death (15–17 year-old) it is the practice to invite the Youth Justice Board (YJB), social services and either the Chief Inspector of Prisons or the Prisons and Probation Ombudsman to advise the investigation. More generally I am considering whether from a future date the Prisons and Probation Ombudsman should provide independent scrutiny of all deaths in prison custody. Families may interact more readily with an independent investigator.

The Prison Service, in conjunction with the Youth Justice Board, Social Services Inspectorate, the Chief Inspector of Prisons and Social Services has just completed a review of "safeguarding" arrangements within the Juvenile Estate. Safeguarding is an inclusive approach to the care of juveniles in custody and includes suicide prevention and self-harm management anti-bullying, child protection, anti-discrimination and an overall holistic approach to care in custody. This Child Protection and Safeguards Review also considered the role of other statutory agencies in light of the High Court judgement by Lord Justice Munby in November 2002, which judged that the Children's Act 1989 applies to children in custody. The results of the review, which will include considerations and recommendations at strategic and local levels to further improve the service which can offered to juveniles in custody, are to be published in the New Year, and a copy placed in the House Library.

As you will be aware from my earlier Answer (133050 and 133052), the YJB has fully embraced the Prison Service safer custody strategy (which is applicable to all prisoners, regardless of gender and age). This strategy includes a series of inter-related projects to improve pre-reception, reception and induction arrangements; interagency information exchange; prisoner care; or the Prisons and Probation Ombudsman to advise the investigation. More generally I am considering whether from a future date the Prisons and Probation Ombudsman should provide independent scrutiny of all deaths in prison custody. Families may interact more readily with an independent investigator. The Prison Service, in conjunction with the Youth Justice Board, Social Services Inspectorate, the Chief Inspector of Prisons and Social Services has just completed a review of "safeguarding" arrangements within the Juvenile Estate. Safeguarding is an inclusive approach to the care of juveniles in custody and includes suicide prevention and self-harm management anti-bullying, child protection, anti-discrimination and an overall holistic approach to care in custody. This Child Protection and Safeguards Review also considered the role of other statutory agencies in light of the High Court judgement by Lord Justice Munby in November 2002, which judged that the Children's Act 1989 applies to children in custody. The results of the review, which will include considerations and recommendations at strategic and local levels to further improve the service which can offered to juveniles in custody, are to be published in the New Year, and a copy placed in the House Library.

As you will be aware from my earlier Answer (133050 and 133052), the YJB has fully embraced the Prison Service safer custody strategy (which is applicable to all prisoners, regardless of gender and age). This strategy includes a series of inter-related projects to improve pre-reception, reception and induction arrangements; inter-agency information exchange; prisoner care; detoxification; prisoner peer support, and the learning from investigations into deaths in custody. There is also a programme piloted in six establishments, including Feltham young offender institution which holds young offenders and juveniles, which has invested £21.69 million over the three year programme from April 2001 on improvements to areas such as reception and induction.

Chris Ruane

To ask the Secretary of State for the Home Department if he will establish a departmental investigation into each death in custody of a young person in prison in the past ten years. [135789]

Paul Goggins

I have no current plans further to review these deaths. More generally I am considering whether from a future date the Prisons and Probation Ombudsman should provide independent scrutiny of all deaths in prison custody.

All deaths in prison custody are subject to a police investigation and a coroner's inquest before a jury. From August 1998 there has been a mandatory requirement for an internal investigation to be commissioned into all apparent self-inflicted deaths in custody or "non-natural" causes. A clinical audit is undertaken in respect of a natural causes death in custody. It is now the practice in respect of juvenile death (15–17 year olds) in prison to invite the Youth Justice Board and social services to participate in the investigation.

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