Prison criticised for restraining elderly rapist

David Howarth was serving a sentence at HMP Full Sutton after he was jailed for rape, attempted rape and other sexual offences

Prison staff have been criticised for restraining a 76-year-old rapist before he died from organ failure as a result of sepsis.

David Howarth, a prisoner at HMP Full Sutton, East Yorkshire, died of multiple organ and heart failure, with pneumonia and empyema, on 30 December 2023.

A prisons ombudsman report into his death found staff used had restraints "disproportionately" on two separate occasions without due consideration of his age and health conditions.

A Prison Service spokesperson stated it would now "ensure staff understand the policy on the use of restraints".

Howarth was sentenced to 24 years in prison in August 2018 for rape, attempted rape and other sexual offences.

His sentence was later reduced on appeal to 23 years, and he had been at Full Sutton since 2018.

'Poor health'

According to the report, the clinical care Howarth received at Full Sutton was equivalent to care that he would have received in the community.

On 1 December 2023, Howarth was found "slightly confused" on the floor of his cell by a doctor. He also had a raised temperature and was unable to sit or stand unaided.

Howarth was admitted to hospital, diagnosed with urosepsis and given a court of antibiotics. A risk assessment, completed by prison staff, found he was a medium risk to the public, a low risk to hospital staff and a low risk of escape.

A GP said there was objections to the use of restraints and an acting deputy governor said there was "no medical information to suggest restraints should not be used".

Howarth was said to be "in poor health" when he returned to Full Sutton and the report said he was given a carer to help him with his day-to-day routine.

The 76-year-old was taken to hospital again on 28 December after he fell out of bed and lost consciousness. A second risk assessment showed he was double-cuffed and was chained to an escort and in hospital.

Howarth suffered a cardiac arrest on the same day and had to be resuscitated, at which point the restraints were removed.

He died in hospital two days later.

'Not proportionate'

Staff told the Prisons and Probation Ombudsman (PPO) that the decision to use an escort cable and double cuffs (two pairs of handcuffs), was proportionate.

However, the ombudsman found that, given Howarth's low risk of escape and physical health, the use of restraints was "no proportionate" and two escorting officers "should have been sufficient".

The report added that it was "important that Full Sutton properly considers the prisoner's age, health and mobility when determining the appropriate level of restraints".

It concluded by recommending training for staff on the legal position on the use of restraints.

A Prison Service spokesperson said HMP Full Sutton had accepted and implemented the report's recommendations and would "ensure staff understand the policy on the use of restraints."

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