Why do so many die on probation?

The Independent Advisory Panel on Deaths in Custody advises the Government on how to save lives within the justice system. Its new Chair, Wendy Sinclair-Gieben, spoke with Inside Time

I first interviewed Wendy Sinclair-Gieben at the end of her role as Chief Inspector of Prisons in Scotland, and we had a full and fascinating conversation. So, when I learnt of her new appointment to the important post of Chair of the Independent Advisory Panel on Deaths in Custody (IAPDC), I was eager to talk with her again. I was not disappointed at the outcome. 

Wendy started as a special needs teacher in Canada, became a prison governor in England, then Scotland, and in Australia too, working in the public sector and for Serco. Whilst head of the Scottish inspectorate, she led a major review of deaths in custody in that country.

The IAPDC will be looking at Prevention of Future Deaths Notices, the notifications Coroners can issue after inquests have concluded raising matters of concern. For instance, after deaths in prisons they may be sent to the Prison Service and ministers, with a time limit for responses.

“However,” said Wendy, “They have no teeth. A reply comes back, but all too often the same thing happens, such as officers failing to ensure observation windows are not blocked or not noticing potentially dangerous items. Prison staff training should be continuous, for officers and everyone in the prison, including first aid and basic lifesaving techniques.”

I said I admire the way Coroners conduct hearings. She agreed. “Have you looked at Fatal Accident Inquiries in Scotland?” I hadn’t. “You should do. I find that they are adversarial, even though they are not meant to be. You have the larger body, perhaps the Government, with a full legal team of barrister and solicitors, while the family struggles to get legal aid and can lack a voice. The coroner system is much fairer and produces detailed conclusions.”

New Prime Minister Andy Burnham is expected to prioritise the Public Office (Accountability) Bill, known as the Hillsborough Bill. Wendy hopes this “may ensure officers understand that they must be honest in their actions and when they give evidence”, at inquests and at public inquiries.

Then she mentioned something I had never considered: the high number of deaths of people on probation. Recently there have been around 1,400 per year in England and Wales, around one-third of which have been self-inflicted. “That works out at an average of nine people per week on probation taking their own lives,” Wendy says. Deaths which take place within 14 days of a prison release, or occur within an Approved Premises, are investigated by the Prisons and Probation Ombudsman (PPO). “But nobody has the task of looking at all the others,” Wendy points out. “I believe that needs investigating.”

I was amazed. All these people who have been through the justice system, anticipate a future, but take their own life. As Wendy said: “They are not in our custody, but they are under our supervision, and therefore the state should take responsibility for their well-being and not just make them another loss of life; a statistic in an end of year report.”  

A report last month by the ex-offenders’ charity Nacro records that annual toll of deaths on probation is significantly higher than before the Covid pandemic. Nacro says the main causes are drugs and homelessness, and that most of these deaths are preventable. The PPO told Inside Time that official statistics show people on probation are more likely to take their own lives than people in prison – while it would have expected this to be the other way around.

During our discussion, Wendy threw me off guard when she asked: “What is the theory behind offence-neutral prisons?” That is the description of jails with no separate spaces for those, such as sex offenders, who are at risk of being victimised by other prisoners. Her question surprised me because I was going to ask her the same thing. We agreed that whilst there may be a theory somewhere, they seem to lead to serious assaults, even homicides, and stress for many people who refuse to leave their cells out of fear.

Wendy continued: “Then there are those on IPP (Imprisonment for Public Protection). In Scotland we had OLR (Orders for Lifelong Restrictions), which have the same impact but with fewer people. People who have no certainty when, or even if, they will be released are vulnerable to despondency and more likely to self-harm.”

Finally, I asked Wendy for her view on the Government’s plan to merge Independent Monitoring Boards (IMBs) with HM Inspectorate of Prisons. “In Scotland, their equivalent, the Independent Prison Monitors, reported to me as Chief Inspector of Prisons,” she said. “They had their own admin team, but I found the link invaluable. If I wanted information from a specific prison, I would ask and they would provide it. If we wanted to do a thematic, they would be involved. I know the scale is very different, but if it is structured right the IMBs may find it actually works very well indeed.”