Prison criticised for handcuffing dying paedophile

A middle-aged man with grey hair is pictured wearing a grey suit jacket with a light blue shirt and a dark blue tie, with trees shown in a blurred background.
Image caption,

Henry Day pictured in 2009 following his original conviction for abusing boys

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Prison staff who handcuffed an 87-year-old paedophile while he was dying of leukaemia have been criticised by an industry watchdog.

Former youth worker Henry Day, from North Walsham, Norfolk, was jailed for 13 years in 2009 for abusing eight teenage boys at summer camps between 1973 and 1995.

Day, who was known as Harry, admitted a further seven offences against four boys aged under 16 and was given a further three-year sentence in 2016.

He died last September while a prisoner of HMP Five Wells, Northamptonshire, but the use of restraints while in hospital was judged as "not justified" by the Prisons and Probation Ombudsman.

A prison spokesperson said a number of changes had now been made.

The watchdog carried out an investigation as part of its work to ensure the standard of care received by prisoners was "appropriate".

While the report found that the medical care received by Day at the prison was acceptable, the treatment ahead of his death has been criticised.

The report stated: "We found that the decision to apply restraints to Mr Day when he was taken to hospital on 14 August and to leave him in restraints for the next six days while in hospital, was not justified given his age, his poor mobility and poor health."

It said that Day used a walking stick and had medical conditions including chronic kidney disease, osteoarthritis and dementia.

When initially taken to the hospital, he was accompanied by two prison officers and handcuffed. This was later changed to a longer escort chain once he was put in a bed.

On his fourth day in hospital, he was described as being bedbound, and three days later, a prison manager authorised that no restraints should be used.

After a brief return to HMP Five Wells, Day was again taken to hospital and later to a hospice, where he died eight days later, on September 25.

The high fences of a prison yard are shown from the outside, with buildings in the background and a car park, pavement and grassed area shown in the foreground.Image source, Sam Read/BBC
Image caption,

Day was a prisoner at HMP Five Wells in Wellingborough, Northamptonshire

The report concluded that while prison officers have a "duty to protect the public" when escorting prisoners, there was "no justification" for using restraints on Day as there was a "negligible" risk of escape.

The director of HMP Five Wells, a category C prison operated by G4S, was told that in future all staff making such assessments needed to understand the legality of restraints and to consider the prisoner's health and the risk they present.

The report added that a "robust quality assurance process" was needed.

In response, G4S said it would be sending managers the relevant guidance and that in future it would work with the prison's healthcare provider to identify prisoners with poor mobility or ill-health and consider whether cuffing would be needed during external escorts.

An HMP Five Wells spokesperson said: "We review all Prisons and Probation Ombudsman reports carefully and accept the recommendations made in this case.

"We made a number of changes following the death of Mr Day."

'Abused the trust of many'

Day set up his own charity in the 1950s through which he ran summer camps in Hemsby, Norfolk.

The Young Citizens' Guild was intended to help young people grow in confidence, and in 2004, he was made an MBE.

Day's sentence was due to expire in 2022, but at his Norwich Crown Court sentencing in March 2016, it was explained that while his additional three-year sentence would be concurrent to his previous term, he would serve longer as he was approaching his release from HMP Bure in Norfolk.

Judge Anthony Bate said: "This was a terrible crime committed against children, many of who relied on Day for support and to provide a positive future for them.

"Day took advantage of his position and abused the trust of many, including parents."

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