Peter Hicks

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Independent investigation into
A report by the Prisons and Probation Ombudsman
the death of Mr Peter Hicks, on
16 June 2024 following his
release from HMP Birmingham
A report by the Prison and Probation Ombudsman
Third Floor, 10 South Colonnade Email: mail@ppo.gov.uk T l 020 7633 4100
Canary Wharf, London E14 4PU Web: www.ppo.gov.uk
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© Crown copyright, 2025
This report is licensed under the terms of the Open Government Licence v3.0. To view this licence,
visit nationalarchives.gov.uk/doc/open-government-licence/version/3
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Summary
1. The Prisons and Probation Ombudsman aims to make a significant contribution to
safer, fairer custody and community supervision. One of the most important ways in
which we work towards that aim is by carrying out independent investigations into
deaths, due to any cause, of prisoners, young people in detention, residents of
approved premises and detainees in immigration centres.
2. If my office is to best assist His Majesty’s Prison and Probation Service (HMPPS) in
ensuring the standard of care received by those within service remit is appropriate,
our recommendations should be focused, evidenced and viable. This is especially
the case if there is evidence of systemic failure.
3. Since 6 September 2021, the PPO has been investigating post-release deaths that
occur within 14 days of the person’s release from prison.
4. Mr Peter Hicks died of lower respiratory tract infection with chronic obstructive
pulmonary disease and ischaemic heart disease on 16 June 2024, following his
release from HMP Birmingham on 12 June 2024. He was 63 years old. We offer our
condolences to those who knew him.
5. Mr Hicks had a number of health conditions when he entered prison. He declined to
engage with healthcare professionals and other services that were offered to him
during his time at Birmingham.
6. Mr Hicks had a history of non-compliance and an unwillingness to engage in the
pre-release planning process while in prison and in the community. As a result, it
was difficult for prison and probation staff to give Mr Hicks the support he needed.
However, he was appropriately referred to services in the community for additional
support.
7. We did not find any significant issues for learning in the pre- or post-release
planning. We make no recommendations.
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The Investigation Process
8. HMPPS notified us of Mr Hicks’ death on 3 July 2024.
9. The PPO investigator obtained copies of relevant extracts from Mr Hicks’ prison and
probation records.
10. We informed HM Coroner for Birmingham and Solihull of the investigation. He gave
us the results of the post-mortem examination. We have sent the coroner a copy of
this report.
11. The Ombudsman’s office contacted Mr Hicks’ family to explain the investigation and
to ask if they had any matters, they wanted us to consider. They wanted a copy of
our report.
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Background Information
HMP Birmingham
12. HMP Birmingham is a reception prison housing adult man, both convicted and on
remand. It is managed by HMPPS. Healthcare services are provided by
Birmingham and Solihull Mental Health NHS foundation Trust.
Probation Service
13. The Probation Service work with all individuals subject to custodial and community
sentences. During a person’s imprisonment, they oversee their sentence plan to
assist in rehabilitation, as well as prepare reports to advise the Parole Board and
have links with local partnerships to whom, where appropriate, they refer people for
resettlement services. Post-release, the Probation Service supervises people
throughout their licence period and post-sentence supervision.
HM Inspectorate of Prisons
14. The most recent inspection of HMP Birmingham was in August 2018. Inspectors
reported that they were concerned about some aspects of release planning which
were overly complicated and disjointed. Inspectors found that the offender
management unit was under-resourced, meaning that some high-risk prisoners had
not been assessed early enough or with sufficient attention to make sure that their
transition to the community was as safe as possible.
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Key Events
Background
15. On 7 January 2024, Mr Peter Hicks was sentenced to 20 weeks imprisonment for
common assault. He was sent to HMP Birmingham. On 5 March, Mr Hicks was also
sentenced to six weeks imprisonment for public indecency.
16. On 25 March, Mr Hicks was released from prison on a conditional licence.
17. On 2 April, Mr Hicks was recalled to Birmingham for breaching his licence
conditions. He was due to be released again on 11 April.
18. Mr Hicks’ suffered from back pain, and had a history of arthritis in his knees, ankles
and shoulder.
19. A nurse completed Mr Hicks’ initial health screen. Mr Hicks refused to fully engage
and answered ‘no’ to all questions. The nurse found it difficult to assess him
objectively. Mr Hicks declined to confirm any information about his medical and
substance misuse history. He had mobility issues and used crutches. Mr Hick’s was
housed on the healthcare wing.
20. On 3 April, the substance misuse team saw Mr Hicks to complete his initial
screening. He declined to participate and said that he had no issues with alcohol or
drugs. They advised him about psychoactive substances, and the risks and effects
should they be used and that if he required the service later, he could self-refer.
21. On 9 April, Mr Hicks did not attend the pre-release group session to prepare for his
release. Staff recorded that Mr Hicks said that he was too tired.
22. Accommodation was secured for Mr Hicks on release, but this was later deemed
unsuitable due to his mobility issues.
23. On 11 April, Mr Hicks was released from Birmingham on a conditional release
licence.
24. On 4 June, Mr Hicks was recalled to Birmingham again for breaching his licence
conditions as he refused to report to the probation office. He was due to be
released on 12 June.
25. Mr Hicks was taken to the healthcare unit due to his mobility and health issues. He
refused to engage and was agitated. Mr Hicks had some medications with him
including furosemide (for high blood pressure), thiamine and vitamin B1 (normally
prescribed to those who have problematic alcohol use), warfarin (a blood thinner),
paracetamol and enoxaparin (to prevent blood clots).
Pre-release planning
26. On 10 June, Mr Hicks’ allocated Community Offender Manager (COM) emailed staff
at Birmingham and asked the healthcare team for support in arranging transport for
Mr Hicks’ release on 12 June, and to put in place a healthcare support plan.
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Healthcare staff referred Mr Hicks to the specialist assessment and care
management services for further support in the community. Prison staff arranged
his transportation.
27. The COM also emailed the adult social care team at Birmingham City Council for
support in securing housing for Mr Hicks. Birmingham Council responded and
advised that she should refer Mr Hicks to the Birmingham Homeless team.
28. On 11 June, Mr Hicks did not attend the pre-release group in preparation for his
release. He did not give a reason for his unwillingness to attend.
Release from HMP Birmingham
29. On 12 June, Mr Hicks was released from Birmingham. His post-sentence
supervision conditions were explained to him, and he signed the licence to confirm
he understood. Mr Hicks took his medications with him.
30. Mr Hicks was released homeless.
31. Mr Hicks reported to the probation office for his initial appointment with his COM.
Due to being homeless, she sent him to the Newtown homeless team in a taxi so
that he could secure appropriate accommodation.
32. On 13 June, the COM emailed the Newtown homeless team to confirm whether Mr
Hicks had attended their office, if accommodation had been secured and if they
could provide the address details. She did not receive a response.
33. The next day, the COM sent a follow up email to the homeless team. They
responded and said that Mr Hicks did not turn up to their office.
34. Mr Hicks was scheduled to have a planned telephone appointment with his COM so
that he could provide her with his new address details. He failed to make contact
with the probation office and his whereabouts were unknown.
35. Due to Mr Hicks’ failure to contact the probation office, the COM submitted Mr
Hicks’ post sentence supervision to court for non-compliance.
Circumstances of Mr Hicks’ death
36. At 3:59pm on 16 June, the police were patrolling a shopping centre in Birmingham,
and found Mr Hicks in distress. The police called the Ambulance Service, and he
was taken to hospital and admitted at 7:36pm.
37. That evening, Mr Hicks became unresponsive and had a cardiac arrest.
Resuscitation attempts were unsuccessful, and Mr Hicks was confirmed dead at
11:45pm.
Post-mortem report
38. The post-mortem report concluded that Mr Hicks died from lower respiratory tract
infection with chronic obstructive pulmonary disease and ischaemic heart disease.
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Findings
39. Mr Hicks had a history of non-compliance and unwillingness to engage with
professionals while in prison and in the community. Whenever he had scheduled
pre-release group meetings, he did not attend. Prison, healthcare and probation
staff tried to ensure that Mr Hicks received the support that he was entitled to prior
to his release. Suitable accommodation had not been secured for Mr Hicks before
his release, but prison and probation staff ensured that they provided transport for
him to go to the Newtown homeless team and the COM followed up the referral
promptly. We are satisfied that both the prison and probation services did all they
could to support Mr Hicks.
40. We make no recommendations.
Inquest
41. There was no inquest into Mr Hicks’ death. The coroner concluded that Mr Hicks
died from natural causes.
42. The initial report was shared with HM Prison and Probation Service (HMPPS).
HMPPS did not find any factual inaccuracies.
43. Mr Hicks’ family received a copy of the initial report. They did not make any
comments.
Adrian Usher
Prisons and Probation Ombudsman February 2025
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Third Floor, 10 South Colonnade Email: mail@ppo.gov.uk T l 020 7633 4100
Canary Wharf, London E14 4PU Web: www.ppo.gov.uk
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