The anticipation of an investigation: The effects of expecting investigations after a death from natural causes in prison custody
| Author | Carol Robinson |
| DOI | http://doi.org/10.1177/17488958211028721 |
| Published date | 01 February 2023 |
| Date | 01 February 2023 |
| Subject Matter | Articles |
https://doi.org/10.1177/17488958211028721
Criminology & Criminal Justice
2023, Vol. 23(1) 3 –19
© The Author(s) 2021
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DOI: 10.1177/17488958211028721
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The anticipation of an
investigation: The effects of
expecting investigations after
a death from natural causes in
prison custody
Carol Robinson
University of York, UK
Abstract
The growing number of deaths from natural causes in prison custody adds urgency to the need
to consider what influences the behaviour of prison staff towards dying prisoners. This article
identifies the effects on prisoners, their families and prison staff of defining quality end-of-life
care as that which meets the expected requirements of an anticipated post-death investigation.
Using data collected in two English prisons via ethnographic methods, it explores the practical
consequences, emotional effects and bureaucratisation of death arising from the anticipation
of an investigation. Taking its lead from research participants, it focuses on the influence of
anticipating an investigation by the Prison and Probation Ombudsman, but also the effects of
expecting police and coronial investigations. Analysing responses to anticipating an investigation
reveals consequences for the care of prisoners, their families and prison staff, which are arguably
unintended by the investigating bodies.
Keywords
Care, dying, investigation, Ombudsman, prison
Introduction
Deaths in prison custody occur for several reasons, including suicide or, very rarely,
homicide, but the majority result from natural causes. Understanding influences on the
quality of end-of-life care in prison is therefore important. Deaths from natural causes
Corresponding author:
Carol Robinson, Department of Sociology, University of York, Wentworth College, Heslington, York YO10
5DD, UK.
Email: carol.robinson@york.ac.uk
1028721CRJ0010.1177/17488958211028721Criminology & Criminal JusticeRobinson
research-article2021
Article
4 Criminology & Criminal Justice 23(1)
accounted for 56% of the 286 deaths in prison custody in England and Wales in the year
to March 2020. There were 1.9 deaths from natural causes per 1000 prisoners in this
period (Ministry of Justice, 2020), an increase from 0.94 deaths from natural causes per
1000 prisoners in 2000 (Ministry of Justice, 2016). Some deaths from natural causes are
sudden. When a death results from natural causes and is expected, there is the opportu-
nity to analyse how the anticipation of an investigation affects the delivery of palliative
care and the behaviour of prison staff towards the prisoner, and to consider whether the
effects are necessarily the ones desired by the investigating bodies.
This article will consider what effect the anticipation of an investigation has on the
care and treatment of prisoners expected to die from natural causes. In doing so, it con-
tributes to practice in palliative care in prison and is relevant to policy makers and inves-
tigators, including the Prison and Probation Ombudsman (PPO). Particular attention will
be paid to the work of the PPO since, of the three organisations charged with investigat-
ing deaths in prison custody, it is the PPO that deals specifically with deaths in
detention.
Drawing on data collected in two prisons in the north of England, the anticipation of
an investigation will be shown to have direct consequences for the quality of care for
dying prisoners and their families. These arise both from prison staff expectations of the
issues that will form the focus of the investigation but also from the anticipated process
of the investigation itself. The PPOs investigation and subsequent report was mentioned
by prison staff in a variety of roles, including governors, officers and healthcare profes-
sionals, and is specific to the prison setting. The article will suggest that the effects of
anticipating an investigation are not always the ones expected. Rather, while the antici-
pation of an investigation can motivate efforts to provide additional support for dying
prisoners, the actions taken in anticipation of the process of the investigation can also
potentially undermine care for prisoners, their families and staff.
Background
When any death occurs in prison custody in England and Wales the prison is required to
inform three organisations: the police, the coroner and the PPO. All three organisations
have responsibility for investigating the circumstances of the death. These investigations
are part of fulfilling the State’s duties under Article 2 (the right to life) of the European
Convention on Human Rights (ECHR) and are undertaken regardless of any preliminary
assessment of the cause of the death. When the deaths investigated are the result of a
terminal diagnosis, relating to conditions such as cancers, organ diseases or degenerative
illnesses, the individual may have been regarded as dying for weeks or months before
their death occurs. A key component of the investigations is an assessment of the care
they, and where relevant, their family, received during this period.
Regardless of the requirements for an investigation, dying from natural causes in
prison is not the same as dying from natural causes in other settings (Aday and Wahidin,
2016; Burles et al., 2016; Dawes, 2002; Handtke and Wangmo, 2014; Turner et al., 2011;
Wood, 2007). Turner and Peacock (2017), Bolger (2005) and Burles et al. (2016) all set
out the difficulties of developing and delivering good palliative care in prison, although
Turner and Peacock (2017) note that prisons have started to explore how palliative care
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