Mr Adakite — HMP Birmingham

Serious Assault 16 June 2011
The independent investigation conducted by Andy Smith into the serious assault on ‘Mr Adakite’ at HMP Birmingham on 16 June 2011 is published.  Also published are the responses to the investigation from those responsible for commissioning and providing custodial and healthcare services at the prison. On 16 June 2011 staff found ‘Mr Adakite’ with serious head injuries in the shower room of the inpatients unit in the healthcare centre at HMP Birmingham.  ‘Mr Adakite’ had been seriously assaulted by another prisoner.  Staff gave immediate first aid until paramedics arrived and ‘Mr Adakite’ was taken to hospital.
Key Findings
The investigation found significant failures in the management of Mr Lamproite, including an inadequate Cell Sharing Risk Assessment on his reception and an unacceptable delay in receiving critical security information from his previous prison. HMP Birmingham staff failed to act on available information, leading to an earlier assault on a cellmate and a flawed decision to reduce Mr Lamproite's supervision level without proper justification or adherence to daily review policies. These systemic shortcomings, coupled with inadequate supervision of the shower recess, directly contributed to Mr Lamproite's assault on Mr Adakite.
Learning Points (18)
Learning Point 1
A brief review of the available SystmOne medical record should be made by staff prior to performing initial health-screening to validate the answers made to the template-driven questions.
PPG healthcare Accepted
HMPPS Response
HMP Birmingham commenced a new reception process in December 2017. To support its implementation, all healthcare staff involved in reception screening were given training in how to validate the answers made to the to undertake the first night health screen, which is completed for all prisoners received at HMP Birmingham. Part of this process involves a Registered Nurse briefly checking SystmOne to see if there are any medical notes available that will assist them to establish the prisoner’s clinical history and to inform their decision making. The Registered Nurse will also check the Person Escort Record form that accompanies the prisoner as this is where court custody healthcare staff, such as Liaison and Diversion staff, will record essential information to be communicated with the prison healthcare staff.
Learning Point 10
There should be an effective system for following up requests for medical records if these fail to arrive.
PPG communication Accepted
HMPPS Response
If healthcare staff feel that it would be beneficial to request medical notes from a different health provider then they will take the necessary steps to obtain further information. An administrator for the relevant health department will be tasked with requesting the medical notes and ensuring that they are received. If there is any delay in receiving the notes then the administrator will escalate the matter to the relevant Service Manager.
Learning Point 11
Managers at HMP Birmingham should remind prison staff in contact with prisoners of the importance of documenting events in a prisoner’s Prison National Offender Management Information System record.
The Governor communication Accepted
HMPPS Response
Staff at HMP Birmingham are required to complete weekly personal officer entries on NOMIS in relation to a prisoner’s general behaviour and also following incidents. Following any incident that involves a prisoner, staff are required to document it in the unit observation book, submit intelligence to Security and update NOMIS. A Notice to Staff was published on 3 April 2018 to remind all staff of the importance of recording this information. Additionally quality checks are completed by Security Staff on a weekly basis to ensure that any incident in the observation book has been correctly recorded on NOMIS.
Learning Point 12
Staff employed by Birmingham and Solihull Mental Health NHS Foundation Trust should be reminded of the specific requirements in PSI 73/2011, P-NOMIS to add case notes about behavioural issues or which detail specific issues that might help the care of the offender by staff generally.
PPG communication Accepted
HMPPS Response
PSI 73/2011 was replaced by PSI 23/2014 in May 2014. Healthcare staff at HMP Birmingham do not have access to NOMIS but there are systems in place to ensure that healthcare staff share relevant information with operational colleagues. On the healthcare wards, the healthcare officers and healthcare nursing staff have a joint handover on a daily basis at which they communicate the clinical presentation, risk issues and management concerns of every patient on the ward. The healthcare officers are then responsible for ensuring case notes about behavioural issues are documented on NOMIS. On the residential wings, healthcare staff raise any behavioural issues with wing based staff or senior staff to ensure that they are aware of any concerns and actions that healthcare staff are taking. The operational staff document any behavioural issues and/or concerns on the NOMIS case notes, where appropriate. Healthcare staff may also write in the wing observation book or complete an Intelligence Report, subject to the nature of their concerns. This action plan will be shared at the Clinical Governance Committee in July 2018, which will ensure that this recommendation is communicated effectively with all relevant health teams by the end of July 2018. All staff who work at HMP Birmingham, including healthcare staff, receive the G4S induction. Additionally, healthcare staff discuss issues of confidentiality and the importance of information sharing at both the local induction and with more experienced colleagues as part of their ongoing clinical supervision.
Learning Point 13
Prisoners on Level A of the Safe Supervision of Prisoners (in-patients) policy should be reviewed on a daily basis in accordance with that policy and these reviews should be documented.
The Governor safety Accepted
HMPPS Response
HMP Birmingham has reviewed its policy for prisoners on Level A of the Safe Supervision of Prisoners (inpatients). The review found that prisoners who are Level A unlock should be formally reviewed daily. The unlock level for all prisoners in Healthcare is recorded in the Daily Regime Journal and this is used to brief Operational and Clinical staff. When incidents of violence or concerning behaviour are observed the unlock status and/or the prisoner will be reviewed by Operational Healthcare Managers or Clinical Ward Managers immediately and the decision making process should be recorded on NOMIS, SystmOne and in the observation book
Learning Point 14
Greater priority should be given to seeking back records from previous establishments, particularly for those prisoners with complex needs or challenging behaviour, where assessments from a previous sentence may be particularly useful.
The Governor communication Accepted
HMPPS Response
Should staff working in the Case Admin department at HMP Birmingham become aware that a prisoner has been released from another establishment prior to their arrival at HMP Birmingham, they will request the back record, within five working days, when processing the new reception. Additionally, the Mercury Intelligence System which was introduced in 2011, allows the Intelligence department to access a prisoner’s entire Intelligence file upon arrival at the establishment or to request access to the file of a prisoner who is due to transfer to the prison. Any information that is available regarding challenging behaviour is identified from this and shared with Reception, Early Days Centre, Safer Custody and the Duty Director on the day of arrival.
Learning Point 15
Recess areas should be added to the list of examples of locations where a prisoner with a high-risk cell-sharing risk assessment should be prevented from using with other prisoners.
HMPPS safety Accepted
HMPPS Response
HMPPS is developing guidance which will add recess areas to the list of examples of locations where the CSRA should apply. July 2018
Learning Point 16
Good practice guidelines should be published on the supervision of recess areas to cover standard risk and high-risk prisoners.
HMPPS policy Accepted
HMPPS Response
Alongside the development of the above guidance, HMPPS will review the supervision of recess areas and share any good practice that is identified. July 2018
Learning Point 17
All relevant documentation relating to a prisoner following an incident that may result in an investigation under Article 2 should be promptly secured.
HMPPS policy Accepted
HMPPS Response
In those cases where Safer Custody and Public Protection Group (SCPPG) in HMPPS Headquarters considers that an Article 2 independent investigation may be required, prisons will be asked to collate and store securely all relevant documentation relating to the incident of serious self-harm or serious assault. SCPPG now provides prisons with a list of suggested documents that might be relevant to an investigation to assist in the collation of documentation.
Learning Point 18
The list of documents to be retained as set out in PSI 15/2014 Investigations and learning following incidents of serious self-harm or serious assaults where an independent investigation will be necessary should mirror that in PSI 64/2011, Management of Prisoners at risk of harm to self, to others and from others (Safer Custody).
HMPPS policy Accepted
HMPPS Response
HMPPS will consider amending PSI 15/2014 in due course. However, SCPPG provides prisons with a list of documents to be collated and held securely when it notifies them that an incident of serious self-harm or serious assault might require an Article 2 independent investigation. The current version of this list includes, but is not limited to, those documents listed in PSI 64/2011. SCPPG will continue to work with current and former investigators to identify whether further documents should be added to the document list.
Learning Point 2
Cell Sharing Risk Assessments should be quality-assured to ensure that they are properly evidenced and, in particular, that the relevant Prison National Offender Management Information System transfer record has been checked prior to a particular prisoner being located in a shared cell.
HMPPS risk_assessment Accepted
HMPPS Response
As with all Prison Service Instructions, the mandatory elements of PSI 20/2015 The Cell Sharing Risk Assessment must be subject to management checks. The particular importance of ensuring that the NOMIS transfer record has been checked will be included in guidance to be issued by HMPPS. July 2018 HMP Birmingham recognises the importance of quality assuring Cell Sharing Risk Assessments (CSRA). Managers now conduct a 5% weekly quality assurance check of the CSRAs and document these checks in the Compliance Matrix for the Early Days Centre. Managers check to ensure that the relevant National Offender Management Information System (NOMIS) transfer record has been reviewed as part of the CSRA process.
Learning Point 3
Managers at HMP Birmingham should ensure that all staff involved in the initial assessment of prisoners on reception receive appropriate training.
The Governor training Accepted
HMPPS Response
HMP Birmingham recognises the importance of appropriate training for staff completing the CSRA. Two managers have attended Training for Trainers for CSRA, which will enable local training to be delivered where necessary. In December 2017, all First Line Managers (FLMs) working in Reception at HMP Birmingham were provided with a training document, which aims to inform all staff of their role in cell sharing risk reviews, and specifically, when and what prompts a review of a prisoners CSRA risk rating. The document was circulated again in March 2018. Managers who have attended CSRA Training for Trainers will provide further face-to-face training, where necessary, to those who complete assessments or reviews on a regular basis. This will include Safer Custody Managers, Reception Managers and Managers on the Early Days Centre.
Learning Point 4
Managers at HMP Birmingham should remind staff of the factors that can lead to an increased likelihood that a prisoner will harm his cellmate.
The Governor training Accepted
HMPPS Response
HMP Birmingham published a Notice to Staff in November 2017 which reminded all staff of the key points from Prison Service Instruction (PSI) 9/2011 about where there might be a heightened likelihood of a prisoner harming his cell mate. This information is also included and reinforced in HMP Birmingham’s Violence Reduction Training packages.
Learning Point 5
Managers at HMP Birmingham should remind staff completing Cell Sharing Risk Assessment forms and reviews that Prison National Offender Management Information System holds previous Cell Sharing Risk Assessments and review decisions as well as adjudication histories (current and previous sentences) and notes on prisoner behaviour.
The Governor risk_assessment Accepted
HMPPS Response
HMP Birmingham has, via email, provided all relevant Operational Managers with briefing about the information that should be considered when staff complete CSRA and CSRR (Cell Sharing Risk Review) and signposted them to where this information can be found.
Learning Point 6
When a prison security department receives critical security information from a sending establishment outside the prescribed timescales, this should be communicated to the Governor at the sending prison so that remedial action is taken to rectify any system failures.
HMPPS communication Accepted
HMPPS Response
Since the incident, HMPPS has implemented an IT intelligence system called Mercury, which has replaced the previous paper based system for submitting and analysing intelligence. Mercury allows intelligence to be analysed, developed, and shared more quickly between departments, prisons and Law Enforcement. HMPPS has also introduced the National Intelligence Unit which is an intelligence structure consisting of national and regional intelligence units. Part of the NIU’s remit is to support establishments with intelligence gathering and assist them in directing it. Senior analysts within the NIU are able to identify delays in processing intelligence within the required time frames and can inform the relevant security manager of any concerns, and provide advice of how best to manage any backlogs. This allows remedial action to be taken immediately. Work to enhance the use of Mercury is ongoing and further guidance will be provided to staff. This will include information on timely processing to prevent any backlog of intelligence. HMP Birmingham’s Intelligence Unit is resourced seven days per week during the core day and this ensures any immediate information is actioned upon immediately. Prisoners who transfer to HMP Birmingham are transferred in with core documentation. As soon as they are booked into the establishment via NOMIS, their Mercury intelligence information is available to the prison and, therefore, prior to leaving reception the Security department have access to a prisoner’s file. If it is believed that the prisoner transferring to HMP Birmingham is likely to be challenging, the prison can request that the sending establishment grants the Intelligence department access to the prisoner’s Security information 48hrs before the transfer takes place.
Learning Point 7
Staff at HMP Birmingham should receive refresher training on the completion of Cell Sharing Risk Assessment reviews following the receipt of new information.
The Governor training Accepted
HMPPS Response
In December 2017, HMP Birmingham sent Operational Managers a training document which states that the receipt of new information will trigger a cell sharing risk review. The document was circulated again in March 2018. Managers who have attended CSRA Training for Trainers will provide further face-to-face training, where necessary, to those who regularly complete assessments or reviews. This will include Safer Custody Managers, Reception Managers and Managers on the Early Days Centre. As per section above this is to be delivered 2nd July 2018
Learning Point 8
Managers at HMP Birmingham should ensure that the violence reduction strategy is applied to prisoners who have displayed recent violent behaviour in previous prisons as well as in HMP Birmingham. This should include: i. applying a multi-disciplinary approach and identifying factors which trigger their violent behaviour; and ii. developing a management plan, which aims to reduce risk and change behaviour.
The Governor safety Accepted
HMPPS Response
HMP Birmingham demonstrates a multi-disciplinary approach to managing violent prisoners, for example, through weekly or fortnightly segregation reviews and through a newly implemented weekly Complex Cases Meeting. During this multi-disciplinary meeting, prisoners causing concern and those responsible for violence at HMP Birmingham are discussed. When HMP Birmingham receives prisoners with a history of recent violent behaviour at other establishments and identifies them as high risk, decisions about their location and management will take this information into account. The meeting is chaired by the Safer Custody Manager and minutes are taken to evidence multi-disciplinary attendance. Additionally, there is a weekly stability meeting that reviews incidents of violence specifically, which ensures that appropriate actions have been taken. Violent incidents are discussed in the morning meeting where the actions taken by staff are reported by the Duty Director. All violent incidents are subject to investigation at HMP Birmingham and any appropriate learning shared during the monthly Safer Custody Meeting. HMP Birmingham has a “Zero Tolerance” approach to violence and therefore actions are taken following an incident, including demotion on Incentives and Earn Privileges and a prisoner being placed on adjudication report. Residential Managers encourage mediation where possible. The Violence Reduction Strategy was reviewed to include risk information. The revised Strategy was published at the end of June 2018
Learning Point 9
The Safe Supervision of Prisoners (in-patients) policy should be reviewed in consultation with Birmingham and Solihull Mental Health NHS Foundation Trust and further guidance should be included on managing patients with particularly challenging behaviour.
The Governor policy Accepted
HMPPS Response
A full review has been completed of the Safe Supervision of Prisoners and the findings communicated to Operational and Clinic Healthcare staff by an email briefing. The review was completed by the Operational Senior Manager in Healthcare and included contributions from Healthcare colleagues. The briefings included a description of challenging behaviour and actions that should be taken by staff to safeguard themselves and others.