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

16.17 The inquiry was told that prisoners may resort to various avenues of complaint
outside the prison, but it is also the case that there are impediments, including access to
resources, limited literacy, limited educational and social competence and fear of
reprisals, which inhibit many prisoners from making use of them. The existence of
complaints procedures does not absolve the Prison Service from responsibility for
ensuring that concerns about officers’ conduct are properly investigated, in full
knowledge of the relevant facts, either by the police or within the service.
16.18 The inquiry asked the Prison Service whether the information known to governors
at Risley should have been made known to the police. The Prison Service says that
there are now systematic arrangements for the recording and evaluation of information
received alleging wrongdoing by staff and that it is a matter for the judgment of the
Governor as to whether such information should be disclosed to the police.
16.19 Because the police file had not been closed, the Prison Service investigators
examining the circumstances of Sonny Lodge’s death did not interview those involved in
the incident at Whiston. However, the report commented on the incident and expressed
concern about Officer Brownley’s “rigorous enforcement of the ‘no smoking’ policy …
towards a prisoner in a state of mind to lacerate both forearms”. Governor Williams, who
was head of residence at Risley until August 1999, told the inquiry she had not seen the
Prison Service investigation report until the present inquiry sent it to her. I do not know
whether it was sent to Risley.
Findings about the Prison Service’s response
16.20 I find that:
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Notwithstanding the police investigation, prison managers should have ensured
that use of force records were completed and, as a matter of routine, that an
incident involving the use of force was investigated.
The information about Officer Brownley’s past disciplinary offence and the
rumour circulating in the prison were material considerations that the prison
ought to have disclosed to the police investigating Officer Brownley’s complaint
that Sonny Lodge assaulted him.