Prison Service rejects call to review policy for prisoners on death of close relatives

Seán McCárthaigh

The Irish Prison Service has rejected a call by the prisons watchdog to review its policy on compassionate arrangements for prisoners on the death of a close relative after two inmates who were brothers were only allowed to visit a funeral home if no other family members were present.

The recommendation by the Office of the Inspector of Prisons comes from an investigation into the death of a 27-year-old male in Wheatfield Prison on January 8th, 2023, and a subsequent decision by the IPS to impose a condition on a visit by two of the deceased’s brothers to see his body in a funeral home.

Both men declined the offer of compassionate temporary release because of the restriction that no other relatives could be present if they attended the funeral home for a private escorted visit to pay respect to their brother.

Relatives of the prisoner, identified only as Mr B, expressed deep dissatisfaction to OIP investigators about the restriction on the two brothers getting to see their sibling’s body.

They claimed it was a very difficult time for everyone and particularly the two brothers in Wheatfield who they believed required emotional support from other family members.

Mr B was an enhanced prisoner on an incentivised regime serving a 17-month prison sentence in a shared cell in Wheatfield at the time of his death.

The OIP was informed by Mr B’s wife and other relatives that he was in good mood and sounding “nice and normal” in a number of phone calls from a contraband mobile phone to friends and family shortly before he was found unresponsive in his cell.

The report showed Mr B’s cellmate alerted prison staff after waking up shortly before 1.15am and finding him unresponsive.

However, efforts to resuscitate Mr B were unsuccessful and were discontinued approximately 55 minutes later.

Prison medical records showed that Mr B had no history or current intentions of deliberate self-harm when assessed by healthcare staff after he was transferred to Wheatfield from the Midlands Prison in November 2022.

He had no medical referrals, prescribed medicine or hospital visits and was not subject to special monitoring in the six months before his death.

The OIP noted that the prisoner governor and chaplain relayed the news of Mr B’s death to his two brothers at 7.45am.

They were both relocated together to a shared cell, while Mr B’s cellmate was allowed to meet them to offer condolences and to discuss events.

The governor informed the OIP that arrangements were also put in place for Mr B’s brothers to access healthcare and psychology services as well as being provided with additional phone calls.

The governor and chaplain also attended the home of the deceased’s wife at 9am to offer their condolences and to answer any questions that they could.

The OIP noted that the family appreciated the in-person visit but expressed disappointment that they were not allowed to physically embrace Mr B’s two brothers at their first family visit following his passing as they were only permitted a screened visit which prevented physical interaction.

However, Wheatfield’s governor said the families of both prisoners visited at the same time and were permitted to engage with each other during the visit which would not normally be permitted.

The governor said the visit took place in the visiting area where there is a half partition between visiting booths and a low dividing panel between the visitor and prisoner.

In making its recommendation for a review of compassionate arrangements, the OIP said the unexpected death of a son and sibling is a painful experience in any circumstances “all the more so if the deceased and some of his siblings are imprisoned at the time.”

The OIP said it was not aware of any individualised security concerns that required Mr B’s relatives to be prohibited from physically comforting his incarcerated siblings whether in Wheatfield or at the funeral home.

The watchdog acknowledged the efforts by prison staff to be compassionate to the prisoner’s family.

It noted that no recommendations were made by the IPS following a critical incident review of Mr B’s death.

However, the IPS rejected the OIP’s recommendation and claimed the prisoner’s family were not prohibited from physically comforting his incarcerated siblings.

It added: “The Irish Prison Service assesses its capacity to make compassionate arrangements for prisoners and their families on a case-by-case basis, based on operational and security constraints.”