Thousands of prisoners wrongfully restrained in hospital every year – investigator
In a rare and exclusive interview, the Prisons Ombudsman, Adrian Usher, told us: “Thousands of people, men and women, are being restrained inappropriately.”
Pregnant women handcuffed during and after labour. Dying men shackled to their hospital bed. A prisoner restrained while having his leg amputated.
Channel 4 News can reveal these are just some of the extraordinary cases where restraints are being wrongfully used on vulnerable prisoners while they’re receiving medical care.
In a rare and exclusive interview, the Prisons Ombudsman, Adrian Usher, told us: “Thousands of people, men and women, are being restrained inappropriately… the fact that the Prison Service, frankly, get it wrong so frequently is an issue that we should all be concerned about.”
Mr Usher said he has raised his own concerns many times with the Prison Service, but that not enough is being done quickly enough to tackle what he called “inhumane practices.”
He is particularly concerned about cases like ‘Laura’ – a young ex-offender who spoke to us about being restrained while in labour in 2023. We’re not using her real name to preserve her anonymity.
Serving time at HMP Bronzefield for drugs offences, she was deemed a “low risk” prisoner. She had suspected pre-eclampsia – a condition which can be life threatening for both mother and baby – and was handcuffed to a prison officer in hospital for hours after being induced and going into labour.
“I felt like an animal. I was handcuffed and I was having a lot of pain in my tummy and I asked her if she could loosen my handcuffs and she argued she couldn’t do it. I was crying. I got angry and very sad for being there chained and going through the very fragile moment,” she said.
“Many times I asked them to remove the chains, “ she went on. “I couldn’t have privacy with the doctor, I couldn’t use the toilet properly. And sometimes I couldn’t even walk properly. I couldn’t sleep. It was hurting me. Every time I ask them or question them about the handcuffs they told me that they had to use them, it was the rules.”
The Ombudsman told us he couldn’t imagine circumstances in which, during labour, restraint is appropriate. “That’s no way for a child to be brought into the world.”
“Leadership is not all it could be”
The guidance on restraining pregnant women is clear. It should only ever be done in exceptional circumstances, if there is a high risk of the prisoner fleeing or a threat to someone’s safety.
But the PPO (Prisons and Probation Ombudsman) says in too many cases guidance around the use of restraints on prisoners is either poorly understood or ignored.
He points to “sub-optimal” training, a sometimes “slavish” adherence to bureaucracy and the brutal truth that in some institutions “culture is not all it could be, leadership is not all it could be.”
“We have seen inappropriate restraint in really extraordinary circumstances. We investigated a case last year in which, while a prisoner was having his leg amputated, he was restrained to a prison officer… I can’t see how that could possibly have been appropriate. (And) I know that the cause in that case was a kind of slavish following of bureaucracy. They hadn’t removed the restraints because the form allowing the remove the restraints, hadn’t arrived at the prison.”
“We investigated a case last year in which, while a prisoner was having his leg amputated, he was restrained to a prison officer.”
– Adrian Usher
“You can’t make blanket assessments about restraints. You need to take into consideration all of the prisoner’s health care, the prisoner’s age, his likelihood of escape, his likelihood of harm to others and then make a professional judgement on an individual basis. And I’m afraid just too frequently the Prison Service isn’t doing that, ” he told us.
260 recommendations over past five years
Channel 4 News has seen details of another case where a prisoner was transferred to hospital to die. Barely able to move, he was still handcuffed to his bed while receiving end of life care. But the cuffs gave him agonising sores. In the end he was in so much pain he begged to be taken back to prison to die there – where at least he wouldn’t be restrained.
Over the past five years the Ombudsman has issued 260 recommendations relating to restraints and bed watch across 149 deaths, but change is too slow.
“Too often, in over 10% of cases, we are saying that the Prison Service don’t follow their own policy.”
He points to thousands of cases of inappropriate restraint across the prison estate – is he confident the Prison Service is listening and learning?
“To be fair, you know, some prisoners have some really challenging behaviour.. but what we’re not seeing is due consideration given, and that’s really where I think the Prison Service could improve.”
While he said he was confident the Prison Service is “capable of sorting this out themselves” he insisted there would be no let-up in pressure to make sure they deliver.
There is also pressure on the Prison Service now from the very highest level after Channel 4 News’ revelations of women being restrained in labour at the privately-run HMP Bronzefield.
“Deep dive review”
Our reports prompted the chair of the Justice Committee, Andy Slaughter, to write to the Prisons Minister, Lord Timpson, calling for a look at the “nature and scale of the use of restraint on pregnant women in the criminal justice system.“
In his reply, the minister acknowledged he was also “deeply concerned” to hear of the allegations.
He has now asked the Prison Service to conduct a “deep dive review” into the use of restraints on pregnant women, starting at Bronzefield, but stretching across the whole of the women’s estate.
Laura is now taking legal action, represented by Bhatt Murphy solicitors.
She told us: ”I don’t want this to happen to other women. I was already paying for what I did – the baby didn’t have anything to do with this. I think it’s very cruel.”
In a statement the Ministry of Justice said:
“Our policy is absolutely clear: pregnant women should not be restrained for hospital appointments unless risk assessments have deemed it essential to do so….
“We undertook a short period of intensive review regarding cuffing arrangements, particularly in relation to prisoners with end of life and palliative care needs. The findings were discussed with the Prisons Ombudsman and will be incorporated into future policy amendments. “
A HMP Bronzefield spokesperson told us :
“We completely understand the level of concern and are conducting a thorough investigation. These historical claims are subject to ongoing legal proceedings, which means that we are unable to provide any specific comment on individual cases. We take the safety and wellbeing of the women in our care, and of the general public, very seriously and have robust assurance systems in place to ensure that current practice is fully within appropriate guidelines.”
It’s been almost 30 years since the Prison Service was ordered to end shackling pregnant prisoners in hospital except in extreme circumstances.
The review into why it’s still happening – and just how often – is due to report next month.
Watch more here:
Exclusive: Pregnant prisoners ‘forced to wear handcuffs in labour’
‘Prison will never be a safe place to be pregnant’ – campaigner
New claim another prisoner handcuffed after giving birth
