Restraint concerns after death at Wakefield maximum security prison

The use of restraints during the transportation of prisoners with poor health was raised as a concern following the death of an inmate at Wakefield's maximum security prison.
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David Ferron had been held at HMP Wakefield since February 2011, shortly after he was sentenced to 10 years in prison.

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The 67-year-old died in hospital of multi-organ failure, sepsis, pneumonia and cellulitis on February 28, 2016.

David Ferronhad been held at HMP Wakefield since February 2011, shortly after he was sentenced to 10 years in jail. Picture: Simon HulmeDavid Ferronhad been held at HMP Wakefield since February 2011, shortly after he was sentenced to 10 years in jail. Picture: Simon Hulme
David Ferronhad been held at HMP Wakefield since February 2011, shortly after he was sentenced to 10 years in jail. Picture: Simon Hulme
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An independent report by the Prisons and Probation Ombudsman, which reviews the deaths of all inmates, noted that restraints had only been removed on the day after Mr Ferron was admitted to hospital.

Although dated November 2016, the report by Nigel Newcomen OBE was only published earlier this month.

In it, he wrote: "I am concerned that this, and other recent investigations into deaths at Wakefield, have found that managers at the prison are not applying the appropriate legal tests to justify the use of restraints when prisoners with poor health and limited mobility are taken to hospital."

The report said that for most of the time he was at the prison, healthcare staff had managed Mr Ferron’s chronic health conditions well and in line with national clinical guidelines.

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It said: "A clinical reviewer found that when Mr Ferron’s condition began to decline in January 2016, there were some deficiencies in the standard of his care, which the healthcare provider at Wakefield, will need to address, although the clinical reviewer did not say that this affected the outcome."

Healthcare at the prison had been taken over by a new provider, Care UK, by the time the report was completed.

The report recommended that the Head of Healthcare should ensure clinical staff assess and manage prisoners with deteriorating chronic condition effectively to enable good standards of care, including fully documenting all treatment and care, using appropriate assessment and monitoring processes, and undergoing extra training on assessing a patient's level of illness.

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It also recommended that the Governor should discuss the Graham judgement and its implications with all managers taking decisions about the use of restraints for prisoners being taken to hospital.

The judgement, given in the High Court in 2007, said prison staff must distinguish between a prisoner’s risk of escape when fit - and the risk to the public if this happened - and the risk they posed when suffering from a serious medical condition.

A Ministry of Justice spokesman said: “Our sympathies go to Mr Ferron’s family but the PPO’s own report found the use of restraint did not contribute to his death.

"Since this incident in 2016, new national guidelines for use of restraint have been introduced.”

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Risk assessments used across the prison estate were reviewed in July 2019 and the latest guidelines made available to all prison staff.

Security Risk Unit guidance on hospital escort procedure was issued separately to all prison staff across England and Wales in May last year.