Carl Russell

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Independent investigation into
A report by the Prisons and Probation Ombudsman
the death of Mr Carl Russell, a
prisoner at HMP/YOI Thorn
Cross, on 7 October 2018
A report by the Prisons and Probation Ombudsman
Third Floor, 10 South Colonnade Email: mail@ppo.gov.uk T l 020 7633 4100
Canary Wharf, London E14 4PU Web: www.ppo.gov.uk
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© Crown copyright, 2024
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The Prisons and Probation Ombudsman aims to make a significant contribution to safer,
fairer custody and community supervision. One of the most important ways in which we
work towards that aim is by carrying out independent investigations into deaths, due to any
cause, of prisoners, young people in detention, residents of approved premises and
detainees in immigration centres.
If my office is to best assist His Majesty’s Prison and Probation Service (HMPPS) in
ensuring the standard of care received by those within service remit is appropriate, our
recommendations should be focused, evidenced and viable. This is especially the case if
there is evidence of systemic failure.
Mr Carl Russell was murdered in Liverpool on 7 October 2022, while on resettlement day
release from HMP/YOI Thorn Cross. He died of a gunshot wound to the head. He was 27
years old. I offer my condolences to Mr Russell’s family and friends.
Merseyside Police continue to investigate the circumstances of Mr Russell’s death.
Mr Russell had been at HMP/YOI Thorn Cross since 6 March 2018. Prison managers
assessed him as suitable to be released on temporary licence and Mr Russell had
successfully completed several release days. He had also been working with a local
construction company in the community prior to his death.
My investigation found that HMP/YOI Thorn Cross correctly followed the guidelines as set
out in the temporary release policy framework. At the time of his release, the prison were
not aware of any immediate risks to Mr Russell’s life.
This version of my report, published on my website, has been amended to remove the
names of staff and prisoners involved in my investigation.
Adrian Usher
Prisons and Probation Ombudsman September 2024
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Contents
The Investigation Process ................................................................................................ 1
Background Information ................................................................................................... 2
Key Events ....................................................................................................................... 3
Findings ........................................................................................................................... 6
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The Investigation Process
1. HMPPS notified us of Mr Russell’s death on 8 October 2018.
2. Due to the nature of Mr Russell’s death, Merseyside Police asked the PPO
investigator to suspend the investigation immediately. We suspended our
investigation on 11 October 2018, while the police investigated the circumstances of
Mr Russell’s death. The investigation was then transferred to one of the original
investigator’s colleagues.
3. The investigator remained in regular contact with the police. Although the police
investigation is still ongoing, they have agreed that the publication of this report will
not hinder their investigation. The police kindly provided us with copies of
transcripts of interviews completed with staff at Thorn Cross, and we have used
these, plus Mr Russell’s prison and medical records, to inform our report.
4. NHS England commissioned a clinical reviewer to review Mr Russell’s clinical care
at the prison.
5. We informed HM Coroner for Merseyside of the investigation. We have sent the
Coroner a copy of this report.
6. Mr Russell’s family have been supported by Merseyside Police family liaison
officers. We contacted Mr Russell’s mother in advance of issuing this report.
7. Neither HMPPS nor Mr Russell’s family raised any factual inaccuracies with our
initial report.
8. An inquest held on 20 April 2020 at Liverpool and Wirral Coroner’s Court returned a
verdict of unlawful killing on Mr Russell’s death.
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Background Information
HMP/YOI Thorn Cross
9. HMP/YOI Thorn Cross is an open prison holding Category D adult male prisoners
and young male offenders. Greater Manchester Mental Health NHS Foundation
Trust provides both physical and mental healthcare services. The integrated clinical
and psychosocial substance misuse services are delivered by Change, Grow, Live
(CGL). The healthcare centre is open from 7.30am to 5.30pm on Monday to Friday
and from 7.30am to 12.15pm on weekends and bank holidays.
HM Inspectorate of Prisons
10. The most recent inspection of HMP/YOI Thorn Cross was in May 2023. Inspectors
reported that as an open prison, prisoners were not locked up and good efforts
were made to promote family ties, especially the use of temporary release (ROTL)
for home visits. ROTL was also used extensively to support other regime and
resettlement activity, including the many prisoners who worked in paid employment
outside the prison each day.
Independent Monitoring Board
11. Each prison has an Independent Monitoring Board (IMB) of unpaid volunteers from
the local community who help to ensure that prisoners are treated fairly and
decently. In its latest annual report, for the year to 30 April 2023, the IMB reported
that Thorn Cross had rehabilitation at the heart of everything it did. There was a
clear strategy in place and the sentence planning and education provision within the
establishment helped the prisoners towards a successful release. The prisoners
benefited from good working relationships between prison staff, outside agencies
and employers.
Release on Temporary Licence (ROTL)
12. Release on Temporary Licence (ROTL) facilitates the rehabilitation of offenders, by
helping to prepare them for resettlement in the community once they are released.
This includes, among other examples, finding work and rebuilding family ties. It is
intended that this will lead to reduced reoffending in the long-term. There is no
entitlement to ROTL, but the expectation is that it will be widely used with suitable
offenders in open prisons where the resourcing and infrastructure best enable
ROTL to be undertaken.
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Key Events
13. On 22 July 2017, Mr Carl Russell was remanded to HMP Liverpool charged with
handling stolen goods, going equipped for theft of a motor vehicle and failure to
surrender to custody. On 1 August, he was sentenced to 10 months in prison. On
19 September, he was moved to HMP Hindley. Mr Russell progressed through his
sentence and staff raised no concerns about him.
HMP/YOI Thorn Cross
2018
14. On 6 March 2018, Mr Russell was transferred to HMP/YOI Thorn Cross (open
conditions) as part of his sentence progression.
15. His reception health screen recorded that Mr Russell was in receipt of pain relief for
chronic pain due to a life-threatening injury suffered after a shooting in 2010. Mr
Russell had been diagnosed with post-traumatic stress disorder (PTSD) following
the same incident. Healthcare staff referred him to the relevant clinics and support
groups for his ongoing care.
16. Mr Russell’s prison offender manager (POM) completed his induction when he
arrived at Thorn Cross. His POM recorded that Mr Russell hoped to be approved for
home detention curfew (HDC - a scheme that allows certain prisoners to serve the
last part of their sentence at home, or another suitable address, for up to a
maximum period of six months) at his mother’s address as he would be eligible
from 10 October. She recorded that Mr Russell had no issues with illicit drugs. She
told Mr Russell that he had to complete a ‘lie down’ period before he could apply for
any resettlement leave or other release on temporary licence (ROTL, which allows
prisoners periods in the community for work or to build family relationships).
(Prisoners that transfer to a prison of a lower category are not allowed ROTL until
they have been in the new prison for three months. This provides staff time to
consider progress, assess risk and evaluate how someone is coping with open
conditions and the responsibility that comes with it.)
17. On 14 March, Mr Russell applied for accompanied (escorted by an officer) and
unaccompanied (no escorts) day release, although this could not be actioned until
he had completed his ‘lie down’ period.
18. Mr Russell attended education and started a plastering course. He received
frequent keywork sessions and staff did not raise any concerns about him.
19. On 24 April, a warrant was issued for Mr Russell to appear at Liverpool Magistrates
Court on a charge of dangerous driving, which predated his imprisonment. He
attended court that day. Mr Russell pleaded guilty, and the case was adjourned for
sentencing at Liverpool Crown Court. Following his court appearance, Mr Russell
was taken to HMP Liverpool (as he was remanded on another charge, he was
recategorised to category C).
20. On 22 May, Mr Russell was sentenced to a further nine months in prison. His
category D status was reinstated on 29 May, and he transferred back to Thorn
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Cross. However, he had to start his ‘lie down’ period again which would end on 29
August.
21. In June, Mr Russell applied for accompanied resettlement day release to enable
him to attend forthcoming hospital outpatient appointments relating to his existing
injuries. It was noted that these applications would be submitted mid-July before the
end of the ‘lie down’ period.
22. Mr Russell’s POM continued to conduct keywork sessions with Mr Russell regularly.
She did not raise any concerns about him and described his behaviour as excellent.
Mr Russell worked in the prison kitchen and received positive reports.
23. On 28 August, a Release on Temporary Licence (ROTL) risk assessment board
took place to consider Mr Russell’s ROTL application and suitability for resettlement
day release. The risk assessment process includes input from the Probation
Service, and if relevant, the police. There is no evidence that the process
highlighted any risks to Mr Russell’s safety in the community. On 31 August, prison
managers approved Mr Russell’s application and he was granted three
accompanied resettlement day releases.
24. On 7 September, Mr Russell attended hospital in Warrington for an outpatient’s
appointment. One officer accompanied him, and his behaviour was recorded as
excellent. Mr Russell completed two further accompanied day releases without
issue.
25. Mr Russell’s POM said in her statement that on 29 September, Mr Russell had
applied for unaccompanied day release for 7 October, using a resettlement day
release travel plan (which is posted into a secure post box and emptied by
administration staff). She authorised the application. She said that at that time, Mr
Russell had been on unaccompanied work release at a local construction company
(it is not clear for how long he had been doing this). She said that Mr Russell had
been under her supervision for approximately 12 months, and he had never raised
concerns with her about being under threat or expressed any concerns about his
well-being.
26. The prison confirmed that ROTL arrangements for prisoners are not publicised so
other prisoners would not know an individual’s travel plans unless the prisoner
chose to tell others.
27. On 7 October, Mr Russell was released on temporary day release. The usual hours
for day release are 8.00am until 5.00pm. On the day of release, prisoners wait in
the prison reception while staff check their travel plan and ensure that they have a
copy of their licence which confirms they have been granted day release. Reception
staff saw Mr Russell, checked his travel plan, and released him. A routine
‘whereabouts’ call was made by the prison and recorded at 10.00am. Mr Russell
confirmed he had been collected from the prison by his partner and was on his way
to his family home, no concerns were reported.
28. Later that day, a local news broadcast alerted staff at Thorn Cross to a shooting in
the local area. The investigation was told that in such circumstances it was standard
practice at Thorn Cross to contact all prisoners on day release to check their
whereabouts and well-being. The prison contacted Mr Russell but when unable to
4 Prisons and Probation Ombudsman
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get through, contacted his partner as his nominated contact, who confirmed that he
had been the victim of a shooting.
Contact with Mr Russell’s family.
29. Due to the nature of Mr Russell’s death Merseyside Police appointed police family
liaison officers to support his family.
Support for prisoners and staff
30. The prison posted notices informing other prisoners of Mr Russell’s death and
offering support.
Post-mortem report
31. Due to the on-going police investigation, Mr Russell’s cause of death has not been
shared.
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Findings
Release on temporary licence (ROTL) / Resettlement day release (RDR)
32. Release on temporary licence policy framework states that:
33. Prisoners may be released on RDR to undertake activities that are linked to
objectives in their sentence plans. This is the key criterion and there is no list of
approved activities but, in order to be lawful, its purpose must fall under one of the
prescribed list of reasons for temporary release under Rule 9(3) of the Prison Rules.
Primarily under this heading release must be to engage in paid or voluntary work, to
receive instruction or training which cannot reasonably be provided in the prison, or
to assist in maintaining family ties or transition from prison to the community.
34. The investigation has found that Mr Russell’s resettlement day release followed the
principles as set out in the framework, and that the prison was not aware of any risk
to Mr Russell when making their decision to grant his release.
35. The investigation was told that it was and still is standard practice to complete
‘whereabouts’ calls with prisoners that are out on ROTL, such as that made to Mr
Russell at 10.00am. The prison also said that at that time in 2018 it was likely that
there were few prisoners on ROTL at any one time, and that one third of Thorn
Cross prisoners came from the Merseyside area with a large number involved with
or with links to Organised Criminal Gangs (OCG’s.) Therefore, it would have been
standard practice to follow up on any reports of incidents, such as Mr Russell’s
shooting, to check on the whereabouts and safety of those on ROTL.
Clinical care
36. The clinical reviewer concluded that the care Mr Russell at Thorn Cross was
equivalent to what he could have expected to receive in the community.
6 Prisons and Probation Ombudsman
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Third Floor, 10 South Colonnade Email: mail@ppo.gov.uk T l 020 7633 4100
Canary Wharf, London E14 4PU Web: www.ppo.gov.uk
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