Date published: 14th January 2020

In 2017, HMP Liverpool was inspected by HM Chief Inspector of Prisons.  The report criticised the living conditions and found an “abject failure” to deliver a safe environment with decent and purposeful treatment.  A recent inspection states that the prison has improved “dramatically” in the past two years.

The new report found that the living conditions, which had been among the worst that HM Inspector of Prisons had ever come across, had improved. In 2017 it was noted that there were hundreds of broken windows, filthy blocked lavatories, graffiti, damp, dirt, rodents and insects.  Violence had increased, drugs were readily available, the regime was poor and there were serious failings in health care and purposeful activity.

Our prisons hold some of society’s most vulnerable people, with over 50% of prisoners at HMP Liverpool declaring mental health issues.  Many deaths in custody are self-inflicted and relate to those suffering from mental illness and addiction.  Whether prison is the right place for these individuals is another subject.  However, once they are detained by the state, there is an obligation to provide - at the very least - the standard of healthcare and mental healthcare available within the community. The purpose of prison is to deprive liberty, not basic human rights.

The 2019 inspection has noted some improvements, including a decrease in the prison population, but it cannot be overlooked that there has been an increase in violence and drug use at the prison since 2017. Whilst the living conditions are now considered to be clean and decent for the vast majority of prisoners, it is recognised by Mr Clarke, HM Chief Inspector of Prisons, that there was still a huge amount of work to be done.  The report details that whilst the prison has been assessed as ‘good’ in areas of respect, rehabilitation and release planning, there remains an assessment of ‘not sufficiently good’ in relation to safety and purposeful activity.

What is the impact of this “dramatic” improvement? There have been six self-inflicted deaths at HMP Liverpool since the 2017 inspection.  Levels of self-harm have increased since the last inspection and were high compared to other prisons (the rationale for this statistic is an increase in recording and reporting incidents of self-harm).  In this case, it is concerning to think what the true picture actually was in 2017!  Whilst there has been an increase in the procedure used for care planning for prisoners identified as at risk of suicide or self-harm, known as an “ACCT” (Assessment, Care in Custody and Teamwork), including an increase in the quality of the ACCT multi-agency meetings, it remains to be seen the impact this will have upon reducing self-inflicted deaths.

There are ongoing investigations and inquests into the deaths of the six prisoners which have occurred since 2017.  In 2019, a jury at Liverpool Coroner’s Court concluded that failures in mental health care have contributed towards the death of a prisoner.

At Broudie Jackson Canter we have assisted numerous families at inquests following the death of their loved one in HMP Liverpool and other prisons.  Time after time, Coroners will raise “Prevention of Future Death” reports.  Tragically, however, unnecessary deaths are still occurring at HMP Liverpool.

It is hoped that the improvements detailed within the report published today result in no further unnecessary deaths occurring.  As recognised by the HM Chief Inspector ‘improvements can prove fragile’ and the necessary support is required from HM Prison and Probation Service if HMP Liverpool is to continue to progress. 

Do we consider our prisons safe when there are fewer people unnecessarily dying during their detention? In my view we can only be confident that all unnecessary deaths can be avoided when healthcare and mental healthcare within a prison setting is properly invested in and taken seriously to avoid unnecessary deaths altogether.