Prisoner death investigations: a means for improving safety in prisons and societies?

Tomczak, Philippa; McAllister, Sue

Abstract

(Inter)national law imposes obligations to investigate prisoner deaths. These investigations create rich data which are little utilised by academia, policy or practice (inter)nationally, but provide a window to identify, organise and apply learning that could safeguard prisons and societies. We report preliminary findings from a research partnership, aiming to utilise England and Wales' Prisons and Probation Ombudsman fatal incident investigations to improve prison and societal safety. Data were gathered through 16 semi-structured interviews with Ombudsman staff spanning senior investigator to senior management levels. We consider the Ombudsman's success at establishing feedback loops, drawing on regulatory theory and using cybernetics as an analytical approach. We explore three research questions: i) how does the PPO seek to effect change in prisons following a prisoner death? ii) do PPO actions have the intended effects on prisons? iii) does the PPO adjust its actions? Analysis illustrates potential to: i) extend self-conscious, confident communication work, early in the investigation, across PPO investigators; ii) communicate praise as well as deficits to prison staff throughout investigations; iii) adjust template PPO recommendations. An evidence base to inform recommendations is urgently required and holds potential to produce a step change in (inter)national prison oversight, and potentially prison conditions around the world.

• Journal Article Type: Article
• Acceptance Date: Mar 3, 2021
• Online Publication Date: May 9, 2021
• Publication Date: May 9, 2021
• Deposit Date: Apr 23, 2021
• Publicly Available Date: May 10, 2022
• Journal: Journal of Social Welfare and Family Law
• Print ISSN: 0964-9069
• Electronic ISSN: 1469-9621
• Publisher: Routledge
• Peer Reviewed: Peer Reviewed
• Volume: 43
• Issue: 2
• Pages: 212-230
• DOI: https://doi.org/10.1080/09649069.2021.1917714
• Keywords: Prison: Ombudsman, regulation, accountability, monitoring, oversight; Serious Case Review; Domestic Homicide Review
• Public URL: https://nottingham-repository.worktribe.com/output/5490391
• Publisher URL: https://www.tandfonline.com/doi/full/10.1080/09649069.2021.1917714