Action Against Public Authorities Solicitors

An Inquest jury has found that failures by prison staff contributed to the death of a man at HMP Exeter.

The jury concluded that the risk that Stewart John Stanley might have taken his own life should have been better appreciated, and that policies designed to reduce such a risk did not work appropriately.

Both failings were found to be probably causative of Stewart’s death.

Stewart, who was a steel erector from Portsmouth, had entered HMP Exeter on remand on 23 June 2020. An Assessment, Care in Custody and Teamwork plan (‘ACCT’) was opened on his reception into HMP Exeter, which was closed the following day.

Stewart was assaulted by another prisoner on 4 July 2020, the inquest heard. Just three days later, on 7 July 2020, he was moved onto the same wing as the suspected perpetrator of the assault.

Stewart began to feel concerned he was going to be harmed inside the prison. On 9 July 2020, he attempted to ligature. He expressed that he would rather harm himself than be harmed by others. Another ACCT was opened after the ligature attempt, and Stewart was placed on constant watch in an anti-ligature cell.

While on constant watch, Stewart remained concerned about his safety and his behaviour was erratic and changeable. He expressed his fears for his safety to prison and healthcare staff, and to his family. Two constant watch reviews took place on 10 July 2020 and 11 July 2020. At both reviews, a panel of healthcare and prison staff decided that as Stewart could not guarantee his own safety, constant observations were necessary.

On 11 July 2020, just five hours after the previous constant watch review, a decision was taken to remove Stewart from constant watch. He was placed in a normal cell with 30-minute observations. This decision was taken without informing or consulting healthcare staff, contrary to HMP Exeter’s own policy. The jury found that the staff best qualified to appreciate Stewart’s risk to himself were excluded from the decision to remove him from constant supervision.

Approximately nine hours after he was removed from constant watch, Stewart was found suspended by ligature in his cell. He died at the Royal, Devon and Exeter Hospital on 13 July 2020.

Stewart’s former partner Anita Cahill and her child were represented by Isabel Bertschinger of One Pump Court, instructed by Ida Kingstedt of Duncan Lewis.

Miss Cahill made the following statement following the jury’s findings:

“Prisoners like Stewart should be kept safe from harm. I was distressed to discover that Stewart was taken off constant supervision without proper consideration of the risk of harm he posed to himself, especially considering the assault he experienced just days prior. I am glad the truth has come out and that change may come so that other children do not lose their fathers as mine has.”

The other Interested Persons were Stewart’s family, the Ministry of Justice, Practice Plus Group, Devon Partnership NHS Trust, and former HMP Exeter Governor, Paul Cowell.

Stewart was an organ donor, something that Miss Cahill and her and Stewart’s child are very proud of.

Ida Kingstedt is an experienced caseworker in our Actions Against Public Authorities Department, working alongside our experienced director, Graeme Rothwell

Ida’s passion lies in holding public authorities accountable and providing support to clients who find themselves in intimidating and vulnerable situations.

In her role, Ida works on a diverse range of matters relating to actions against the State. She is instructed by clients who wish to raise complaints and claims against the police, prisons, detention services and other public bodies. Additionally, she extends her expertise to assist bereaved individuals during inquest proceedings, offering valuable advice, guidance and compassion throughout the process.

Our Claims Against Public Authorities is expert in holding public authorities to account when they abuse their powers, fail to observe their professional obligations, or otherwise act unlawfully. It has assisted a wide variety of clients as a result of their experiences at the hands of the state and regularly represents bereaved families in inquest proceedings and assists in bringing civil claims against the police, the prison service and government departments.

For advice about any Claims Against Public Authorities matter contact Ida via email at IdaKi@duncanlewis.com or via telephone on 020 7275 2880.