Hundreds of people die in state custody every year. These deaths take place most often in prison, but can also occur in police custody, in immigration detention, in a mental health setting, or elsewhere. Unless there are criminal proceedings relating to the cause of the death (and sometimes in addition) each of these deaths will be the subject of an inquest, and potentially also civil legal proceedings.
Hickman & Rose is a leading law firm representing the legal interests of families whose loved ones died in custody. The firm’s expert solicitors have long experience guiding families through what may, at first, seem daunting post-death legal procedures.
Our expert solicitors help clients gain as much information as possible about the circumstances in which their relative died, and – where appropriate – seek to bring about legal change so that others do not have to go through the same experiences in future.
Where there is an indication of wrongdoing, we help families to hold to account the individuals or institutions responsible.
A death in prison can be especially traumatic for a bereaved family. Not only is the family unlikely to have access to the place in which the death occurred; they may not have seen or spoken to their loved one for some time.
A death ‘in prison’ can occur in the prison itself, or whilst a prisoner is receiving treatment in hospital. The death may be natural (for example caused by a disease); or non-natural. Non-natural deaths include:
- an individual being killed by another prisoner
- a self-inflicted death
- death following restraint
- a death following the consumption of drugs
- a failure to provide care
Precisely what type of investigation follows a death is influenced by the type of death itself.
It is the police’s responsibility to establish whether a death may have been caused by a third party. If the police consider a criminal offence may have occurred , a criminal investigation will begin.
One of the first actions after a death in prison is that the coroner for the area in which the death occurred will open an inquest. In most deaths in custody cases, having opened the inquest the coroner will immediately adjourn it until the Prison and Probation Ombudsman (PPO) has carried out its own investigations.
The PPO is responsible for an independent investigation whenever anyone dies in prison custody in England and Wales. The PPO’s investigation can take many months.
At the start of the PPO investigation the bereaved family should be asked to provide their queries and any concerns they may have so that these can be considered. The PPO should also keep the family updated on the investigation, if this is something the family want. The family should be provided with the draft PPO report and will be asked to comment on any factual inaccuracies, prior to the report being finalised.
On completion of the report the PPO will provide the report, together with transcripts of interviews with witnesses, to the bereaved family and the coroner. The PPO may make recommendations for improvement in the report.
Every death in prison will result in an inquest. The purpose of an inquest is to establish certain facts about the death. Inquests do not assign blame, but their conclusions, and the evidence heard during them can significantly impact any individual or organisation whose actions – or lack of action – contributed to a prisoner’s death.
The family of someone who died in prison will be designated an ‘Interested Person’ at the inquest. This status enables them to make representations to the coroner, and access the relevant evidence and ask questions of witnesses.
Deaths in police custody or after police contact can vary hugely in nature and circumstances: from road traffic accidents and self-inflicted deaths to police shootings or deaths following restraint.
Any death in police custody or following police contact should result in an investigation by the Independent Office for Police Conduct (IOPC). This investigation will consider whether any person serving with the police may have committed a criminal offence or behaved in a manner which justifies bringing disciplinary proceedings.
At the beginning of its investigation the IOPC will draw up terms of reference determining what issues it will examine. The deceased’s family should have opportunity to comment and can ask for the terms to be amended and/or raise new issues for investigation. It can often be helpful for the family to obtain legal advice before engaging with the IOPC as decisions made during the investigation’s early days can have long-lasting consequences.
Another issue that a bereaved family will have to grapple with in the period shortly after the death is the post mortem examination. Here again legal advice can help.
Deaths following contact with the police will usually result in an inquest. An inquest is an investigation to establish certain facts following an individual’s death. They are presided over by a coroner and answer the following basic questions: who was the deceased? When did they die? Where did they die? And by what means did they die?
For deaths in police custody, public funding is likely to be available for legal representation at inquest. The family of the deceased will be designated an ‘Interested Person’ at the inquest – a status which enables them to make representations to the coroner, access the relevant evidence and ask questions of witnesses.
Where a coroner has reason to suspect that someone died a violent or non-natural death while in custody or in state detention then an inquest must take place. This includes deaths in immigration detention and detention under the Mental Health Act 1983 MHA 1983).
One of the first actions after a death in custody is that the coroner for the area in which the death occurred will open an inquest. Following the opening of the inquest, the coroner will usually adjourn their investigations until after any other investigations have concluded.
With a death in immigration detention (and where third party involvement has been ruled out by the police) the Prison and Probation Ombudsman will become responsible for conducting an investigation into the death.
In cases where the deceased was detained under the Mental Health Act 1983 the type of investigation and who carries it our can depend on nature of the death. This is also true for those who were not detained under the Mental Health Act and were instead voluntary patients.
Hickman & Rose has acted for families whose loved ones have died in immigration detention and mental health settings in relation to the investigations into their deaths, including when these are carried out by the police, the inquest, and civil claims arising from the death.
It may be possible to obtain financial compensation for a death which occurs in prison, in police custody, or in some other form of state custody. The type of claim which may be available depends on the circumstances of the death, and will require careful consideration.
One claim which may be available in relation to a death in state detention is for breaching Article 2 of the European Convention on Human Rights. This is where the claimant can show that a state organisation “knew or ought to have known” of a real and immediate risk to life but nonetheless did not take reasonable steps to make a difference.
The first step to a successful compensation claim can be to ensure the bereaved family’s interests are properly represented at an inquest. This is because the coroner has powers to force state organisations to disclose information that may not be obtainable otherwise, and is likely to assist in advice being provided as to the prospects of a successful civil claim.
How our deaths in custody solicitors can help
The families of people who die in custody face particularly painful and complex challenges in their search for answers, accountability and meaningful change. They may have had restricted contact with their loved one which can make it difficult to piece together events leading up to their death. Families will likely be reliant on the very institutions responsible for their relative’s welfare when seeking to obtain initial information about their death.
Straight away, various legal processes will be set in motion and so it is essential that families are able to be informed and empowered at the outset in order that they can participate in them.
Hickman & Rose is highly experienced in providing clear and compassionate advice to bereaved families in the immediate aftermath of a death in custody, to ensure that they are fully aware of the options available to them and that any necessary urgent steps can be undertaken on their behalf.
We support families from that initial meeting through any linked investigations, criminal proceedings and the inquest. We also advise and represent bereaved clients in relation to any claims for compensation which may be available to them in relation to their relative’s death.
Lead by Daniel Machover, Hickman & Rose’s team of specialist solicitors have acted in some of the most significant death in custody cases of the past twenty years, including representing the families of Sean Rigg, Thomas Orchard and Prince Fosu. The team is ranked in the leading “Band 1” for Inquests in the Chambers legal directory.
Hickman & Rose’s pioneering work in this area has not only enabled bereaved families to learn the truth about their loved ones’ deaths. It has also helped clients to hold accountable the individuals and institutions responsible for a death; to receive financial compensation for their suffering; and to achieve legal changes to prevent future deaths.