Stormont inertia may hinder prison care, says ombudsman

James Fleck died five days after being found unresponsive in his cell

The Prisoner Ombudsman has said that she is deeply concerned financial pressure and Stormont inertia may be hindering improvements for inmate care.

Lesley Carroll's warning followed a report into the death of James Fleck, days after being found unresponsive in his cell at Maghaberry Prison in 2019.

He had a history of depression, self-harm and drug dependency.

He had been in custody eight times in five years and was identified as being at risk of self-harm or suicide.

The 24-year-old was open about not wanting to address his addictions and about not being in need of support, said the ombudsman.

Ms Carroll found that the overall care provided to Mr Fleck was equivalent to what he would have received outside prison and the emergency response was "well delivered and in line with guidelines".

But she went on: "We need to ensure that individuals in custody receive the best possible healthcare.

"To deliver this there need to be alternative models of care which are informed by investigations into Mr Fleck's death and others.

"However I am deeply concerned the resources required will not be made available, given the current demand on resources and the inertia in decision-making without an assembly at Stormont."

"I am glad to confirm that Mr Fleck received the necessary healthcare supports and management by the Prison Service to keep him as safe as was possible.

"This is a challenging situation for prison officers who are dealing with someone convinced they are not in need of help when they have been assessed as being at risk.

"Sadly, despite the standard of care and attention Mr Fleck received, he lost his life."

Maghaberry Prison is a high-security men's jail which holds both sentenced and remand prisoners

On his first night at Maghaberry Prison, Mr Fleck was held in an observation cell and checked every 15 minutes.

The next day he was moved to a regular cell where checks were first conducted every hour and then more frequently, every 30 minutes.

Later that night he was found unresponsive and transferred to Craigavon Area Hospital where he subsequently died.

An inquest has yet to be held but the post-mortem examination revealed the cause of his death was pneumonia due to cerebral hypoxia caused by hanging.

Half of prisoners with addiction issues

Mr Fleck's parents said they hoped the Prison Service would immediately implement the ombudsman's recommendations.

They said they would cooperate with the coroner "to ensure the full facts are brought to light at the inquest".

Not a day goes by when they do not miss their son, they said.

The head of Northern Ireland's prisons also welcomed the report and praised the efforts of his staff.

"Any death in custody has a profound impact on our staff and I am reassured that they did all they could to keep James alive," said Prison Service director general Ronnie Armour.

He highlighted the wider issue of addiction in prisons and the challenges that presented to prison and healthcare staff.

"In our three prisons we have almost 1,800 individuals, with over 30% having mental health issues and over 50% with addiction issues," he said.

The ombudsman said she was "concerned that individuals with significant addictions, anxiety and depression find themselves in custody".

She added: "The fact that Mr Fleck was in prison is a matter for the courts.

"And yet he is not alone in returning to prison on a number of occasions while continuing to be medicated for anxiety and depression and in need of addiction services."

She said she had previously flagged her concerns to Stormont justice and health departments.

Earlier this month the ombudsman's report into the death of a 22-year-old Maghaberry prisoner called for improvement in how people with complex needs are assessed and managed while in jail.

Daniel McConville died in the prison in 2018, shortly after he warned staff that he intended to self-harm.

If you have been affected by any of the issues raised in this article, you can visit the BBC's Action Line or contact the Samaritans.