Head of deaths in custody group felt ‘patronised’ by prison service, MSPs told

The chairwoman of a group tasked with implementing change to decrease the number of deaths in custody has said she felt “patronised” by the prison service.

Gill Imery was appointed to head up the Deaths in Prison Custody Action Group in 2022 following a review released in November 2021 which made 20 recommendations on how fatalities could be reduced.

Nearly two years on from the review, just five of the recommendations have been fulfilled, Ms Imery told Holyrood’s Criminal Justice Committee on Wednesday, although she said there is work ongoing across multiple agencies to meet the rest.

This year alone, she told the committee, 26 deaths in prison have been recorded, the most recent occurring last weekend.

Ms Imery – a former HM Chief Inspector of Constabulary – expressed frustration in her dealings with the Scottish Prison Service (SPS).

She told MSPs: “There’s a reticence on the part of the prisons service in terms of actually, genuinely embracing the review and welcoming it and seeing that there really is something that needs to change.

“I have felt slightly humoured at times, patronised at other times, that I don’t understand how difficult it is.

“It is absolutely a challenging environment in which to work and the system is under pressure, but I do keep returning to what I feel is the most compelling part of my duty – which is to the families, to the people who’ve died, and it is very hard to sit in a room with relatives who are bereaved, asking them to give their time, asking them to repeat their experiences over and over again without the actual result that they’re looking for, which is improvement for other families, and indeed answers for their own situation.

“I’ve felt at times some people haven’t been pulling quite in the same direction.”

Ms Imery said people within the SPS “do care” about the wellbeing of prisoners, but added: “I have picked up the impression that they don’t necessarily agree with the review, that the prison service feels unfairly criticised and that they are actually working as hard as they can and doing as much as they can in order to prevent deaths in prison, but these tragedies do occur and that they will do their best to respond when those situations occur.

“I do have this sense that there’s some resistance to the findings of the review and perhaps it’s not wholly embraced that there actually is a need to change.”

Family members of those who have died in prison, she said, have sometimes felt like “the enemy” in dealings with SPS, adding “there’s anxiety and fear about telling families what might have happened in case someone is blamed later on”.

Ms Imery was also critical about the fatal accident inquiry (FAI) system, which – led by the Crown Office – is required to investigate every death in custody, but has been under fire in recent years for being too slow and for poor communication with families.

“The only people who don’t think there’s a problem with FAIs is the Crown Office,” Mr Imery said.

Asked if it would take ministerial intervention to solve the issues with the system, she said: “Absolutely.

“I think the reticence and the difficulty there is that the Lord Advocate’s position is entirely independent and for that reason the process was deliberately excluded from the terms of reference of the review and is actually outside my remit.

“What I’m reflecting to you today is the feedback that I’ve had from families who are affected directly by the system and my own observations.”

The FAI system was out with the scope of the original review, with Ms Imery asked by the Crown Office to remove reference to FAIs from a draft of a progress report published last year – a request which she ultimately refused.

The main recommendation of the review was the creation of a separate investigative system for deaths in prison custody, something Ms Imery said would not be required if the FAI system is improved.

A Scottish Prison Service spokesperson said: “We continue to value and engage with Gill Imery’s work following her updated independent review of the Response to Deaths in Prison Custody, with 12 of our recommendations now completed, either by SPS alone, or working alongside partners.

“SPS has also just completed a thorough review of the Death in Prison Learning Audit and Review (Diplar) process, designed to improve our support for vulnerable people in our care.

“We fully recognise the impact on families when a loved one dies in custody and are determined they receive our full support and appropriate information in a timely and sensitive manner.

“The new Diplar, which was introduced last month, was developed in collaboration with the Family Reference Group, and has a new section dedicated to families, giving them the opportunity to raise questions on a range of issues.

“SPS staff are dealing with some of the most vulnerable people in our society. Every death, whether in prison custody or in our communities, is a tragedy for families, friends, and for those who have support the individual on a daily basis.”

A Crown Office and Procurator Fiscal Service (COPFS) spokesman said: “COPFS takes very seriously its contribution to Scotland’s response to deaths in custody and accepts the need for improvement.

“Calls for change to the system of Fatal Accident Inquiries (FAI) are a matter for Government.

“COPFS has modernised its processes to reduce the time taken to investigate deaths, improve communication and to bring FAIs to court more quickly.”

A Scottish Government spokesperson said: “The safety and wellbeing of everyone in the prison estate is a top priority for this government and the SPS.

“Everybody in prison should expect safe, effective, and person-centred care which is why we have established a network of executive level health board leads to drive improvement in prison healthcare.

“Health and wellbeing in prisons is inspected by HIS as part of the HMIPS inspection process with findings from inspections one of many sources of information health boards may use to inform improvement planning.

“We are working closely with boards to improve systems of governance and performance monitoring for prison healthcare.”