Criticism from watchdog as unconscious, dying killer at HMP Wakefield kept in handcuffs
A prison watchdog has criticised prison bosses after an ageing inmate was kept in handcuffs despite being unconscious and just hours from death.
Convicted killer, 75-year-old Arthur Smith, died from natural causes on February 7 last year while he was a serving prisoner at HMP Wakefield.
He was “unresponsive” the previous day, but the restraints were not approved to be removed for another 24 hours.
An investigation by the independent Prisons and Probation Ombudsman (PPO) read: “We consider that this was not justified or proportionate to the risk Mr Smith posed at the time.”
Smith had been convicted of manslaughter in 1979 and given a life sentence with a minimum six-year term.
However, he spent 46 years locked up, despite several parole-board reviews, because he was continually found to be “not suitable for release”.
He was deemed a Category-A prisoner, requiring the highest security measures.
His health deteriorated from 2020 after being diagnosed with chronic obstructive pulmonary disease (COPD).
He later said he would not want resuscitating if his condition worsened.
Smith was hospitalised on February 2 last year with pneumonia and a bowel blockage, remaining chained to an officer with a single handcuff throughout.
On 6 February, hospital staff planned to operate on Smith, but he was deemed unfit for surgery due to his frailty.
He became unresponsive by 10am that morning.
The PPO report read: “The escorting officer notified the Category A team at HMPPS [His Majesty’s Prison and Probation Service] headquarters, who said that unless Mr Smith was subject to end-of-life care, the escort chain must remain in place.”
At 10.45am on 7 February, the escorting officer told the Category A team that he was now receiving end-of-life care, and it was authorised to remove all restraints.
Smith died in hospital that night.
The PPO raised concerns over the communication between the officer and the HMPPS and that it failed to be documented properly.
The PPO concluded: “We consider that staff at Wakefield followed the correct policy and appropriately reviewed the level of restraints used.
“However, the process to consider removal of restraints was not followed and the decision-making was not recorded.
“There was no justification that the use of restraints on Mr Smith was proportionate to the risks he posed when he was unresponsive.
“The decision to restrain him with an escort chain while he was unresponsive in hospital was unjustified, particularly as two escort officers escorted him.
“The Category A team should ensure that their risk assessments when considering the removal of restraints fully take into account the prisoner’s health and are based on the actual risk they present at the time, and all decisions are recorded clearly.”