Individual at Wymott

The Death of a
Prisoner from HMP Wymott
at a Hospice
on 15 April 2004
Report by the
Prisons and Probation Ombudsman
for England and Wales
October 2004
Foreword
This is the report of an investigation into the circumstances surrounding the
death of a prisoner from HMP Wymott at a Hospice on 15 April 2004. He
was serving a life sentence at the time of his death.
All deaths of prisoners in custody are investigated, including those due to
natural causes. The responsibility for carrying out these investigations
traditionally fell to the Prison Service, but has now been passed to the
Prisons and Probation Ombudsman to bring independence and greater
consistency to the task. In this case a member of the Prisons and Probation
Ombudsman’s staff carried out the investigation.
My colleagues and I would like to extend our condolences to the prisoner’s
family and friends at their sad loss. We would also like to thank the
Governor in charge of HMP Wymott, and other members of his staff who
assisted us for their help. In particular, all the documentation we required
had already been gathered together for us.
STEPHEN SHAW CBE
Prisons and Probation Ombudsman October 2004
PERSONAL AND MEDICAL BACKGROUND
1. The prisoner was a life sentence at HMP Wymott who, on the day prior to his
death, was transferred from Wymott to St Catherine’s Hospice at Lostock
Hall.
2. He was a 68 year old Irishman born in County Wexford in 1935. A Social
Enquiry Report prepared for the Central Criminal Court (Old Bailey) in 1983
stated that he moved to England at the age of 17 and after a few months
commenced living life as a ‘‘wanderer.’’ He travelled throughout the British
Isles, working occasionally and living with other itinerants. The Report
stated that his life had been totally dominated by his alcohol intake. On the
evening of 20 September 1982, he murdered a fellow vagrant in the grounds
of a college in Surrey during an argument after both men had been drinking
heavily. He was originally released from prison in 1996 but was recalled in
1998 after a conviction for common assault. He then remained in custody
until the time of his death.
3. The prisoner transferred to Wymott from HMP Kingston in Portsmouth on 19
July 2001 when his Reception Health Screen indicated “nil of note”.
4. In October 2002 the prisoner complained to a doctor at the prison of
dyspepsia and an endoscopy was performed at Chorley Hospital which was
clear. In November 2003 he complained to a doctor that he could not
swallow easily and added that he had been suffering for the previous eight
months. He was subsequently referred for a barium swallow which was
conducted on 16 December 2003. A tight stricture of the oesophagus was
observed and a gastroscopy was conducted on 22 December 2003. By 13
January 2004 a diagnosis of locally advanced carcinoma of the upper third
oesophagus had been made at Rosemere Cancer Centre, Chorley and the
prisoner had 10 sessions of radiotherapy, with the last taking place on 11
February 2004.
5. Wymott does not have an inpatient facility so the medical staff at the prison
wished the prisoner to remain in outside hospital. However, when the
Healthcare Manager visited him on 22 January 2004, he was adamant that
he wished to return to Wymott, if only for a short time. On 23 January 2004
he returned to the prison and was located on I Wing, a unit for elderly and
disabled prisoners sited near the Healthcare Centre.
6. The option of transfer to a hospice had been discussed with the prisoner and
although at first resistant he eventually agreed on 7 April 2004 to a hospice
transfer. He refused hospitalisation but no beds were available in the
hospice at that time. On 14 April arrangements were made for him to be
transferred to the hospice escorted by a prison officer in civilian clothes. He
died at the hospice at 5:12pm the following day.
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CONDUCT OF THE INVESTIGATION
7. The investigator visited Wymott on 23 April 2004 when he discussed the
prisoner’s case with both the acting Healthcare Manager and the Head of
Residence. The Head of Residence explained that Release on Temporary
Licence had been considered when the prisoner was transferred to a
hospice, but was precluded by the gravity of his index offence. On 30 April
2004 the investigator wrote to the Director of Public Health for Chorley and
South Ribble Primary Care Trust, asking her to examine the relevant
healthcare issues and to assess clinical care. I am most grateful to the
Director for supplying her clinical review dated 8 June 2004 in which she
concluded;
‘’the treatment of this patient has been of a good standard, particularly ... in
the final months of his life.’’
8. Over the years the prisoner had lost contact with his family in Ireland and the
lady he considered to be his next of kin was a volunteer with the New Bridge
Trust. The Head of Residence told the investigator that the prisoner’s
friendship with the volunteer had a transformingly positive impact on his
behaviour and relationships within the prison during the last two years of his
life. The investigator made telephone contact with the volunteer on 15 June
2004 and had a lengthy conversation about her perceptions of the way in
which her friend had been treated during the last period of his life.
EVIDENCE OF DECENT AND HUMANE TREATMENT
9. There is a significant body of evidence indicating that the prisoner was
treated with great sensitivity and compassion during his last days at Wymott.
A letter dated 19 April 2004 to the Governor from a Support Nurse
(Specialist Palliative Care) commends the staff in the Health Department “for
all their dedicated care towards a dying patient”.
10. A memorandum written to medical personnel by the Staff Nurse on 8 April
noted that the prisoner’s condition had deteriorated over the previous couple
of days and at that time no hospice beds were available. The Duty
Governor’s Report for the period 9-10 April sets out the impressively detailed
and thoughtful arrangements that were made for the prisoner’s last few days.
THE TESTIMONY OF THE VOLUNTEER
11. The volunteer telephoned the investigator from her home on the afternoon of
15 June 2004 and spoke at length about her friend. She explained that she
had first written to him in May 2002 after he wrote to a voluntary
organisation, requesting a penfriend. She began to visit as well as write to
him and a strong friendship developed. The volunteer described the action of
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asking for a penfriend as a huge step for the prisoner who was socially
isolated and viewed the prison as his home.
12. The volunteer had herself cared for cancer sufferers earlier in her life and
she spoke with admiration about both prison officer and nursing staff at
Wymott. She said she could not give enough praise to all the officers at the
prison and mentioned in particular two officers. She highlighted the
emotional sensitivity of the staff with whom she had come into contact during
the last few days of the prisoner’s life and said he had been treated with
great respect and tender loving care.
13. She also spoke with gratitude and affection of the intensive nursing care her
friend had received during his last few days in the little room he occupied on
I wing. She highlighted the measures taken to control his pain. She
described the way in which he was turned in bed as being very gentle, caring
and humane.
CONCLUSIONS
14. The Director of Public Health for the local Primary Care Trust has concluded
that the care the prisoner received in the final months of his life was of a
good standard. The Specialist Support Nurse wrote to the Governor of
Wymott on 19 April to inform him that the healthcare staff at Wymott were a
credit to the Prison Service and in their care for the prisoner had
demonstrated “outstanding services to the community”.
15. The volunteer, who was also the prisoner’s nominated next of kin, had no
concerns about his treatment. She was fulsome in her praise of the prison
and its staff for the dignity and compassion accorded to him during the
difficult days of his final illness.
16. In view of these objective accounts the Governor and staff of Wymott are to
be congratulated for the excellent care and support given to the prisoner in
the final months of his life. I hope the Governor will share this report, and
the sentiments it expresses, with those of his colleagues cited by the
volunteer and all others involved in the man’s care.
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