Individual at St Christophers House

Circumstances surrounding the alleged murder of a man in Newcastle
upon Tyne in April 2004
Report by the Prisons and Probation Ombudsman for England and
Wales
June 2004
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CONTENTS Page No.
SUMMARY 3
FOREWORD 4
PART ONE:
Background Information -
Section 1 – The man who died 6
Section 2 - The Hostel 8
PART TWO:
Events leading up to the man’s death -
Section 1 – The man’s time at the Hostel 9
Section 2 - The occurrence of 29 April 2004 11
PART THREE:
Conclusions 12
Recommendation 13
ANNEXES:
Annex 1 Terms of reference 14
Annex 2 Documents examined 15 documents
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SUMMARY
The man was a 37 year old man from a large, close-knit family who had spent
much of his life in the Greater Manchester area. He had a history of
dishonesty offences linked with drug use although he had been drug free for
some time.
Following a sentence of two years and six months, with an extended period of
supervision for 5 years, for an offence of indecent assault against one of his
young nieces, the man was estranged from most of his family. He was
released from HM Prison Acklingon on 8 April 2004 and was required to live
at an Approved Probation Premises in Newcastle as a condition of his licence.
During his stay at the hostel he was perceived as a quiet man, who was easy
to get along with and who made a number of friends. He abided by the rules
of the hostel and was no control problem to staff.
The man was drug free and had been prescribed medication that was proving
effective in treating the hepatitis from which he suffered. He told members of
staff that he had been given a chance to make a new beginning and he
intended to take advantage of it.
According to the evidence that the police have gathered so far, on 29 April the
man was at Newcastle railway station with a friend, where there was an
altercation with another man and a woman.
It is said that all four boarded a train where the argument continued. When
they alighted the train , the man was stabbed several times, receiving a fatal
wound to the heart. Despite the efforts of the paramedics who attended,
tragically, the man died, from loss of blood as a result of his wounds, in
hospital later that same afternoon.
The alleged perpetrators have been arrested and charged with the man’s
murder. Their trial will be heard at Newcastle Crown Court on a date to be set.
My investigation has identified one area where the Approved Premises risk
assessment procedure could be improved and the recommendation can be
found in Part 2, Section 1, paragraph 15.
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FOREWORD
This was the second investigation that my office has undertaken into a death
of an approved premises’ resident. It was very different from the first, a death
from natural causes, in that it was occasioned by the murder of the man who
was a resident of an approved premises in Newcastle, while he was away
from the hostel premises.
The purpose of my investigation was to discover whether any likely risk to the
man had been assessed and properly managed, and to consider whether a
sufficient level of care had been provided. My full terms of reference are
attached at Annex 1
The Investigation was carried out by an Investigator from the Prisons and
Probation Ombudsman’s Office with the assistance of an Assistant Chief
Officer from the Northumbria Probation Area, with the agreement of the th
Hostel Management Committee. I am grateful for the co-operation that they
received from the Northumbria Probation Area and, in particular, from the
Manager of the hostel.
I am also grateful to the man’s mother and sister for meeting with my
investigator at a sad and difficult time for them, and for providing information
about the man that was helpful to the investigation. I offer my sincere
condolences to the man’s family.
In conducting this investigation, the Investigators have been conscious of the
parallel police investigation and the over-riding requirement to do nothing that
might imperil the criminal process. The officer in charge of the Gateshead
Police investigation allowed my Investigating Officer to interview all those who
could contribute relevant information, with the exception of the two persons
currently charged with the man’s murder.
As a consequence, the Investigators have conducted formal interviews with
the hostel manager, with two members of the hostel staff and with one hostel
resident. The interviews were not recorded but the Investigating Officer’s
notes have been agreed, and signed by interviewees.
The Investigators also obtained information, by telephone, from the man’s
case manager, from the probation officer at HMP Acklington who prepared an
assessment prior to the man’s release, and from a prison officer who
facilitated the Offending Behaviour Groups that the man attended. They have
also examined a variety of documents. I am grateful to all those from the
Northumbria Probation Area and from HMP Acklington, and HMP Durham
who assisted in this inquiry.
The report is organised as follows. Part 1 provides some details of the hostel.
Part 2 considers, as far as it is possible to do so, the circumstances
surrounding the man’s death. My brief conclusions are presented in Part 3, of
this report.
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I understand that the inquest into the man’s death has been opened and
adjourned. Depending upon the result of the Criminal Court hearing, it may
never be re-opened. I am acutely aware of the need, at all costs, not to
prejudice the impending trial. Nevertheless, I hope that as much as possible
of this report can be disclosed as quickly as possible to the Coroner and to
the man’s family.
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THE CIRCUMSTANCES AND EVENTS SURROUNDING THE MAN’S
DEATH
PART ONE - Background Information
Section 1: The man
1. The man was 37 years of age. He was born in Manchester and most
of his family still live in that area. He was the first of six children and his
mother told us that the man was brought up by his maternal
grandparents much against her wishes. She said that they over
indulged him and, in her opinion, this shaped his future behaviour.
2. Nevertheless, he was very much a part of his extended family as is his
son of 17 from an early relationship. The man married in 1991 and had
two daughters born in 1992 and 1994. His mother said that he
continued to commit burglaries and, sadly, the two girls were taken into
care when neglected by their mother who embarked upon another
relationship while the man was serving a prison sentence. Although the
girls were later adopted, the man retained a strong interest in their
welfare and received regular photographs and reports that, his mother
said, were very important to him.
3. The man became a drug user during his teenage years and, despite
training and working as an electrician and a builder, his growing use of
heroin and cocaine led to a series of offences of dishonesty. He served
a number of prison sentences. The man was released from a prison
sentence, on licence, in December 1999 and, having become drug
free, he sought ongoing support from a Drugs Advisory Service in
Manchester. He is said to have responded well to the licence and he
had remained drug free. At that time, it was thought that he was facing
a more positive future.
4. However, it was while staying with his sister during the licence period
that the man indecently assaulted one of his nieces. The child's
mother told us that the child was traumatised and the effect upon the
whole family was devastating. Perhaps understandably, the man was
ostracised by his family, apart from his grandparents who retained a
degree of contact with him.
5. On 7 July 2000, the man was sentenced to two and a half years’
imprisonment with a five year extended supervision period, for the
indecent assault. During the sentence, he completed a Training
Programme and was said to have developed a greater understanding
of his offending behaviour. He was able to appreciate the effect that his
behaviour had upon the child and upon his family and had expressed
his regret for the harm he had caused.
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6. The man was released from prison, on licence, in May 2001, with a
condition not to contact the victim nor any member of her family. His
supervising officer from the Manchester Probation Area obtained
temporary accommodation for the man in the Bensham area of
Newcastle but he, subsequently, moved into a privately rented flat with
a new partner.
7. In January 2002, the Probation Service was informed that the man had
been seen in the Manchester Area close to his victim’s address.
Although it was understood that he had wanted to apologise, his
behaviour had caused great distress to his family, particularly his
victim’s mother. As a result, the Sentence Enforcement Unit was
informed and the man was recalled to prison.
8. On 8 April 2004, the man was conditionally released subject to a
licence that was to remain in force until 17 August 2007. One condition
of his licence was that he should reside at a Hostel in Newcastle and
abide by the rules, another was that he should not enter an area of
exclusion around Manchester. At the time of his death, the man had
been at the hostel for three weeks. He was spoken of as a fairly quiet
man who had settled and kept to the hostel rules.
9. The man was being treated for Hepatitis C and had been helped by his
acting key worker to obtain continuity of treatment and medication. He
was very positive about the medication’s beneficial effects and felt it
had given him a “second chance.” He told the acting key worker that
he was looking forward to a much more positive future.
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Section 2: Approved Premises
10. Approved Premises, formerly known as Probation & Bail Hostels, were
approved by the Secretary of State within Section 9 of the Criminal
Justice and Court Services Act 2000. Their purpose is to provide
accommodation for persons granted bail in criminal proceedings and in
connection with the supervision and rehabilitation of persons convicted
of offences. The hostels can provide a supportive, structured
environment in the community for high risk and difficult to manage
offenders. The supervision of offenders accommodated in Approved
Premises is governed by the National Standards for the Supervision of
Offenders.
11. Approved Premises operate on each day of every year with 24 hour
staff cover on a rota basis. The hostel is a voluntary managed,
approved premises, one of two in Newcastle managed by the Society
of Vincent de Paul. The hostel houses up to 17 residents in single
rooms, there are two further places in a nearby cluster flat. The hostel
has a curfew of 11pm each night although some residents will have
individual curfew hours set by a Court. Over the past twelve months the
occupancy rate in the premises has been some 94%.The hostel is
staffed as follows:
Hostel Manager
Deputy Manager,
4 Project Workers
3 Project Support Workers,
Housekeeper
Burser
2 Domestics
Secretary
Handyperson (who is shared with another hostel)
12. During the day the manager and deputy manager are on duty from
9am to 5pm together with the project worker on shift. At night there are
two members of staff who sleep in, with one of them ‘on call’ in case of
emergency. Residents are charged an inclusive rate for
accommodation, breakfast and a cooked evening meal. From its own
funds the Society also provides a sandwich lunch and supper.
13. The Probation Service refers potential residents to the hostel by means
of a form that includes background information about the individual, the
nature of current and previous offences, assessments of risk of re-
offending, risk of harm to the public, risk of harm to other residents and
risk of harm to self. The hostel refuses to accept only those individuals
whose risk is considered to be too high to manage at that particular
time. Residents are encouraged to keep the nature of their offending to
themselves to avoid risk of reprisal from other residents.
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PART TWO - EVENTS LEADING UP TO THE MAN’S DEATH
Section one: The man’s time at the Hostel
14. The probation officer who had supervised the man at the time of his
recall to prison was supervising three hostel residents when the man
was released. The probation officer was, initially, concerned for his own
safety as, he said, the man had been angry about the recall procedure
and had made some threats to the officer. It is hostel procedure to
review the risk assessment on each resident weekly but, in the short
time he was at the hostel, there were no concerns about the man’s
behaviour and the officer’s fears proved unfounded .
15. The man expressed no fears for his own safety, and staff at the hostel
had no reason to suppose that he was in any danger. There was
nothing in the referral form to indicate any risk to the man from the
victim and her family who were resident in an area of Manchester from
which he was excluded by a condition in his licence.
16. The man had been returned to prison previously for breaching such a
condition and was aware of the potential consequences if he did so
again. There was no indication that he was at risk in the Newcastle
area but the hostel Manager told me of the procedure in place to
enable an easy transfer to another hostel if such a risk had been
identified. If there was no bed available in such circumstances, then a
‘swap’ would be arranged.
17. However the form in use, ‘Application for accommodation to the
alternative Approved Premises’ does not ask if any risk to the offender
has been identified. Whilst I have no doubt that concerns would be
included if they were known of, there is no prompt for referrers to
consider such risk. Although my investigation has given me no reason
to believe that a risk to the man from the two suspects could have been
identified, I recommend that the Probation Service conducts a
review of hostel application forms and includes a question about
possible risk to the offender being referred.
18. The hostel Manager said that the man had presented no management
problems. Nevertheless, she said, he was not afraid to challenge and
usually did so appropriately although she recounted one exception that
happened on Monday 26 April. During a house meeting the man had
said he was not happy that information about his medical history had
been given to the G.P. who treated hostel residents. The man believed
this to be a breach of confidence and told the Manager, “firmly and
assertively” that this would stop. The Manager found his attitude
somewhat disconcerting but when she asked him to look again at the
hostel rules and consider whether he had cause for complaint his
behaviour became more appropriate.
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19. The man’s key worker at the hostel was on long term sick leave so he
was allocated a back up key worker who was on duty during his first
few days in residence. She described the man as being very quiet and
keeping a low profile until he was able to identify with some of the other
residents and he became friendly with a younger man. The acting key
worker focused on assisting the man to sort out his medical needs and
assessing how well he was dealing with difficulties.
20. A second man who was resident in the hostel as a condition of his bail,
had not known the man who died, previously but became friendly with
him as he was, “a fairly happy person who was easy to get along with.”
He said he found the man to be likeable and believed that all the hostel
residents got along with him. The man who died had told him that he
had been in and out of trouble for a while and that he had some
problems with his family, although he did not go into detail. The two
men often went out together and the second resident remarked that the
man who died never acted as though he was worried about being away
from the hostel. He had never expressed any concerns.
21. It is a sadly ironic coincidence that, on 25 April, only four days before
his death, the man talked with his acting key worker about the dangers
of becoming involved with those who carry knives. He and the second
resident had gone out together but the second resident returned to the
hostel alone, obviously the worse for drink. He told staff members that
he had become embroiled in a fracas with a group of young men
despite the man’s attempts to draw him away. He said that police had
been called and that he had lost the man in town.
22. It was said that, when the man returned, he was clearly angry with the
second resident . He told his acting key worker that the group of young
men were strangers and the second resident had become involved in a
situation that was nothing to do with him. He, the man who is the
subject of this report , had walked away but the second resident had
followed him shouting that he was being chased by lads with knives.
The man had agreed with the acting key worker when she said that
one could not defend oneself against knives, saying that one stab
wound could kill. During the conversation, the acting key worker did
not perceive the man’s behaviour to be inappropriate and he did not
give the impression that he was concerned for his safety.
23. During the same conversation the man spoke about his health
problems and the success of his current treatment. He said he felt that
he had been given, “a reprieve from a life sentence” and recognised
that he would not get another chance. This made him feel positive
about his future. The conversation and the preceding events were fully
recorded by the acting key worker
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Section two: The occurrence on 29 April 2004
24. A female and a male have been arrested and charged with the murder
of the man who died. They have appeared in court and the case has
been sent to the Crown Court where the Plea & Directions hearing is
likely to take place in July. The police inquiries are continuing. The
Investigators obtained details of the events of 29 April from an
interview with the second resident and from information provided by the
police.
25. The second resident said that he and the man had previously met two
young women from the local area and they would sometimes spend
time together. They had arranged to meet the young women on 29
April and the two men made their way to the railway station for the
appointed time. It is known that they went into shops before arriving at
the platform where the altercation began after the man recognised the
two people subsequently charged with his murder.
26. The second resident gave my Investigator his perception of what
occurred next and the man's mother talked of her son's background.
However, I have not included the information in this report as it was not
my responsibility to investigate the man’s murder and I am conscious
of the need to say nothing that could prejudice the trial. It is to be
hoped that the full details of the man's connections with the two people
charged with his murder and the events that led to his death will be
revealed when the Crown Prosecution Service presents its case to a
jury but, in essence, the man was stabbed several times and the fatal
wound struck his heart. The second resident told my Investigator that
he did not really appreciate the seriousness of what had happened until
his friend passed into unconsciousness before him. Paramedics called
to the scene attempted to treat the man but, tragically, he died in
hospital around 5.35pm, from loss of blood due to stab wounds to his
chest
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PART THREE: CONCLUSIONS
It was the task of this investigation to examine the level of care provided to the
man and, in particular, to examine the assessment and management of risk to
his safety.
27. So far as the hostel is concerned, the members of staff that we
interviewed were clearly caring and concerned to do their very best for
all those resident at the hostel. They were familiar with the conditions
of the man’s licence and the reasons why he was placed away from the
Greater Manchester area.
28. There are clear procedures in place for the recording of day to day
events of note in the hostel log and, additionally, for any specific
issues of concern to be recorded in individual's files. The members of
staff were familiar with these procedures. It was a matter of pride to
them that records were made quickly after events occurred while they
were clear in the mind. There was evidence in the detail of the daily
'hand overs' that members of staff are supportive to their colleagues
and work well as a team so that there is continuity of care. Residents'
issues are dealt with sensitively regardless of which staff members are
on duty.
29. We found that the acting Key Worker spent time with the man and
recorded her contact appropriately. She assisted him with practical
issues and addressed areas of concern particularly when he,
inadvertently, became involved with another resident in a potentially
dangerous situation.
30. We found no evidence to suggest that the man expressed concerns for
his safety - either before he was released from prison or subsequently -
and nothing in the risk assessment to indicate that there was cause for
such concern. If a question about risk of harm to the offender had
been included in the hostel referral form, it might have highlighted risk
concerns - for example the potential animosity from the man's family.
However, it is far from certain that the possibility of risk from the two
alleged perpetrators would have been identified.
31. Neither is there evidence that anything in the regime, or in the man's
treatment by staff or by other residents contributed to what took place. I
am satisfied that the hostel provided a high standard of care for the
man as it seems to do for all residents.
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Recommendation:
I recommend that the Probation Service conducts a review of hostel
application forms and includes a question about potential risk to the
offender being referred.
STEPHEN SHAW
OMBUDSMAN
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Appendix 1
Terms of reference
May 2004
NOTICE OF AN INVESTIGATION BY THE PRISONS AND PROBATION
OMBUDSMAN
Under my terms of reference from the Home Secretary, I am required to
investigate and report on the circumstances of the death of a man in April
2004.
The objectives of the investigation are:
• to examine the care provided by the Probation Area in the management of
the man’s licence
• in particular, to examine the identification, assessment and management
of risk to the man’s safety
• to examine whether any change in operational methods, policy, practice or
management arrangements could help prevent a similar death in future
• to ensure that the man’s family have the opportunity to raise any concerns
they may have and that these are taken into account in the investigation
and report
• to assist the Coroner’s inquest .
My report may include recommendations.
Evidence provided to the Ombudsman may be shared with specialist advisers
and with other investigating bodies including the police, where that is
necessary for the purposes of the Ombudsman’s investigation, for the inquest
or for a criminal investigation.
The report, and the evidence on which it relies, will normally be given to the
Coroner, the National Probation Service and its partnership agencies, the
man’s next of kin and any other persons whom the Coroner considers have a
proper interest in the inquest.
The report, without the accompanying evidence, will be made public at a later
date in a form that omits the names of witnesses and others associated with
the events.
STEPHEN SHAW
PRISONS AND PROBATION OMBUDSMAN
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Appendix 2
The following documents were studied:
Approved Premises Handbook
Referral form for the man
Hostel rules
Hostel log
Keyworker sheets
Pre-sentence report
Parole Assessment report
Group Member Product Pack, HMP Acklington
Seconded Prison Probation Officer's report to Parole Board
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