December 20, 2007: Howard League Welcomes Inquiry
The Howard League for Penal Reform
has welcomed confirmation that Prisons and
Probation Ombudsman Stephen Shaw will chair a public inquiry into the
treatment of an individual known as SP, whilst she in prison service custody
from 2003-2005. SP was aged 17-19 in the period under investigation, after
being remanded into custody as a child in care aged 16. She has been
represented by the Howard League for four years and is expected to give
evidence at the inquiry’s public hearings, scheduled for September 2008.
The decision to conduct an inquiry into SP’s treatment results from the
government’s acceptance of the Howard League's argument that the level and
seriousness of SP’s life threatening self harm whilst in prison service
custody triggered the state’s investigative obligations under Article 2 of
the
European Convention on Human Rights.
Howard League Director Frances Crook said:
“This public inquiry to be conducted by the Prisons and Probation Ombudsman
will be the first ever truly independent investigation into the treatment of
children in prison. It is also a unique opportunity because SP can give
evidence at her own inquiry. This is the first time such an inquiry will
have heard from the subject, all other such investigations having dealt with
individuals who have died or been so seriously damaged they were unable to
participate."
“At the very least, this inquiry will uncover a salutary tale of the crisis
of mental health in our jails. SP’s story is a seminal story for our time
because it exemplifies the failings of the state with regards to children
and says a great deal about the genesis of criminal behaviour.”
The Howard League first acted on behalf of SP in 2003. She was then a 17
year old girl with severe mental health problems and a history of neglect
and abuse. SP was transferred to an adult women’s prison from a local
authority secure children’s home on her 17th birthday. In prison SP was
placed on suicide watch due to her persistent and shocking self-harm and
held in solitary confinement for several months. While on solitary
confinement SP was often locked in her cell for 22 hours per day, eating
meals on her own and taking her only exercise in a metal cage. SP’s
self-harm was so serious whilst in prison that she had to be taken to
hospital for blood transfusions.
After two years of pressure and a high court injunction the Howard League’s
lawyers succeeded in getting SP moved from prison to a secure psychiatric
environment. SP has since responded well to care and treatment and her
condition has stabilized. The first part of the Prison and Probation
Ombudsman’s investigation will be to review SP’s records and relevant prison
service and other policies that obtained at the time. The Ombudsman will
then interview such witnesses as he considers will best assist the inquiry.
He will also commission specialist reviews.
The Howard League set up a legal department to represent children and young
adults in the penal system in 2002 following a successful judicial review
against the Home Office that forced it to recognise that children in prison
are protected by the
1989
Children Act. The Howard League legal team has represented more than 150
children and has a track record of success in forcing improvement to prison
conditions, parole procedures and support on release.
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