The family of a man who died in prison only found out about his death when they heard an unconfirmed rumour, an investigation has found.
James Bailey, 24, took his own life at HMP The Mount, in Bovingdon, on March 1, 2022.
An investigation by the Prisons & Probation Ombudsman found his next of kin – his aunt – was told the following day when she rang the prison after hearing rumours of Mr Bailey’s death.
Mr Bailey was sentenced to nine years and six months in prison in 2015 for offences including wounding with intent to cause grievous bodily harm. He had been released on licence on three occasions but was recalled each time after committing further offences.
The Ombudsman reported it was “concerned” about the “difficult and distressing” situation caused by the delay in informing Mr Bailey’s family of his death.
The Ombudsman found that police officers from Hertfordshire Constabulary, rather than a family liaison officer from the prison, had agreed to break the news to Mr Bailey’s aunt.
But, when the officers went to the address provided by the prison, they found it was incorrect.
They were only provided with the correct address – discovered by prison staff in an older reference – after Mr Bailey’s aunt had rung the prison to confirm the rumour she had heard.
Prison staff did not know that the police had been unable to speak to Mr Bailey’s aunt.
They had informed Mr Bailey’s father, who was also imprisoned in HMP The Mount, of his death.
The Ombudsman’s report recommended that the prison’s family liaison officer should, in future, remain in contact with police so they are kept updated about when officers will speak to next of kin, whether it has been done, and to address any problems.
A spokesperson for HM Prison Service said: “Our thoughts remain with the friends and family of James Bailey and we regret the circumstances which led to their hearing of his death before receiving formal communication from the prison or police.”
Several further recommendations were made by the Ombudsman.
It found that Mr Bailey had received “upsetting news” about his partner’s pregnancy on February 26, while he was held at HMP Bedford, but this was not passed on to HMP The Mount.
During the days he spent at HMP Bedford, Mr Bailey was prescribed antidepressants and, upon arrival at The Mount on February 28, he asked a nurse for a referral to the mental health team, which was confirmed.
However, the Ombudsman found the nurse had not asked Mr Bailey the reasons for his mental health self-referral. It said the Head of Healthcare at The Mount should, in future, “ensure that the reasons for mental health referrals are clearly documented so that staff can assess any potential risks”.
The report also said the Ombudsman was “disappointed” by the prison’s failure to provide requested evidence to the investigation. The Ombudsman had asked for a recording of a call from the day of Mr Bailey’s death, during which he reportedly told his aunt “he was going to take his own life”.
Mr Bailey’s family also said his partner had phoned the prison on February 28 and “expressed concerns about his wellbeing”, but the prison said they had no record of this.
Issues were also raised by the Ombudsman with the process followed when Mr Bailey’s body was found. The officer who was first on the scene shouted for help without using the appropriate emergency code on her radio, slightly delaying the call for an ambulance, and an officer who tried to activate a body-worn camera found it was flat.
The Ombudsman said it was “unlikely” the delay had an impact on Mr Bailey’s chances of survival, but similar delays in another emergency could “make a difference to the outcome”.
The Ombudsman deemed this was “reasonable”, given the available information upon Mr Bailey’s arrival at The Mount, for officers to assess his risk of suicide and self-harm as “low”.
Mr Bailey had told officers at HMP Bedford he had no “active thoughts” of self-harming and told an officer at HMP The Mount he “did not want” additional support to deal with the news about his partner’s pregnancy. The Ombudsman found that staff at HMP Bedford’s support for Mr Bailey was “of a high standard and compassionate”.
However, a clinical reviewer commissioned by NHS England found the healthcare Mr Bailey received at HMP The Mount was “not equivalent to that which he could have expected to receive in the community”.
An inspection of the prison in 2022 found there was “too little support for prisoners in crisis”.
An HM Prison Service spokesperson said: “We have accepted and implemented the Ombudsman’s recommendations, including reminding staff of the importance of ensuring all relevant information is included when transferring prisoners’ information between sites and how to appropriately deal with medical emergencies.”
A spokesperson for Hertfordshire police confirmed the delay in speaking to Mr Bailey’s next of kin was “due to a record-keeping error”.
“It would not be unusual for the police to speak to the next of kin as officers would have to link in with the coroner as standard procedure following a sudden death,” the spokesperson said.
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