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Report of the Inquiry into the circumstances of the Death of Bernard ...

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Chapter 13:<br />

ISSUES RAISED IN THE CLINICAL REVIEW (2): ASSESSING PRISONERS’<br />

FITNESS FOR ADJUDICATION AND CELLULAR CONFINEMENT<br />

Introduction<br />

13.1 In his clinical advice to <strong>the</strong> inquiry, Dr Wright argued that <strong>the</strong>re was a systems<br />

failure in <strong>the</strong> process <strong>of</strong> assessment for fitness for adjudication and cellular confinement.<br />

He commented on <strong>the</strong> need for care and assessment to be based on consistent<br />

<strong>the</strong>rapeutic relationships. This chapter sets out Dr Wright’s advice and describes current<br />

Prison Service policies and <strong>the</strong> system operating now in <strong>the</strong> segregation unit at<br />

Manchester prison.<br />

The medical <strong>of</strong>ficer’s assessment <strong>of</strong> Sonny Lodge’s fitness<br />

13.2 Before <strong>the</strong> adjudication on 28 August, Mr Lodge was seen by <strong>the</strong> prison medical<br />

<strong>of</strong>ficer who was required to assess whe<strong>the</strong>r he was fit for adjudication and fit for cellular<br />

confinement, in case <strong>the</strong> adjudicator wanted to impose cellular confinement as a<br />

punishment. The medical <strong>of</strong>ficer told <strong>the</strong> Prison Service investigation that he did not<br />

know Sonny Lodge nor see his medical or prison record and that he assessed his fitness<br />

on <strong>the</strong> basis <strong>of</strong> an examination <strong>of</strong> his mood at <strong>the</strong> time, not his history.<br />

Dr Wright’s advice<br />

13.3 Dr Wright advised that in 1998 a clinician faced with a request to certify fitness for<br />

adjudication and cellular confinement would in all probability do so unless <strong>the</strong> patient<br />

was an inpatient in a hospital wing. However he considered this unsatisfactory.<br />

13.4 Dr Wright noted underlying problems with <strong>the</strong> system. Asking a doctor to make<br />

an assessment for a purpose o<strong>the</strong>r than a <strong>the</strong>rapeutic one and which may have adverse<br />

consequences for <strong>the</strong> patient may create a conflict <strong>of</strong> interest and harm <strong>the</strong> <strong>the</strong>rapeutic<br />

relationship between doctor and patient. Speaking generally, he felt that this conflict,<br />

coupled with <strong>the</strong> large number <strong>of</strong> such assessments, meant that <strong>the</strong>y were <strong>of</strong>ten little<br />

more than paper exercises.<br />

13.5 Dr Wright suggested that <strong>the</strong> ideal arrangement would be for prisoners’ general<br />

practitioners to provide a report to an independent practitioner commissioned to<br />

undertake <strong>the</strong>ir own clinical assessment. He drew a parallel with eligibility assessments<br />

by <strong>the</strong> Department for Work and Pensions. Accepting, however, that this might not be<br />

104

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