Family of Portadown man Daniel McConville, who died tragically in Maghaberry jail, says 'huge lessons to be learned by the Prison Service'

Mr McConville had been in Maghaberry Prison for 70 days when he was found unresponsive in his cell. Despite attempts to resuscitate him he died at the scene on 30 August 2018. He was 22 years old. An inquest is pending.

What the Prisoner Ombudsman said

The Prisoner Ombudsman Dr Lesley Carroll revealed that during his time in prison Mr McConville was managed under the Supporting People At Risk (SPAR) process which helps staff identify symptoms or behaviours that suggest a person may be at risk of harming themselves.

She said: “Mr McConville, who had frequent periods in custody, had complex needs including a history of self-harm, substance misuse, depression, Attention Deficit Hyperactivity Disorder (ADHD) and learning difficulty and it seems prison staff had limited knowledge of his needs.”

She said: “I am concerned that the needs of those who face multiple challenges in their lives, including multiple low level health diagnoses, could be better addressed while they are in custody.

-

-

“The challenge is not only to better assess need but also, and importantly, to develop long-term care plans and to ensure those care plans are consistent and persistent throughout the treatment of any individual and that, if required, they are shared with Community services on an individual’s release from custody.

“I sympathise with the concerns expressed by Mr McConville’s mother who said that throughout her son’s early years and while in custody no one appeared to put together the elements influencing his behaviour. She felt her son’s needs could have been managed more constructively if this had happened."

The Ombudsman noted the number of cell moves Mr McConville experienced and questioned if this was appropriate for the rehabilitation of an individual with complex needs and whether it was appropriate for a young man with depression to manage his own medication.

Supporting the approach taken by Regulation Quality and Improvement Authority (RQIA) Dr Carroll warned that inadequate resources could delay progress: “The RQIA’s approach, which is to establish a needs profile for individuals in custody is to be encouraged.

"However, I am concerned that the prison regime does not currently have adequate resources to provide the responsiveness required to support an individual like Mr McConville and this lack of resources will delay the required development work."

She highlighted her previous actions following 2 other similar cases when she wrote to the Director, Reducing Reoffending, Department of Justice in August 2020 when she set out the issues of concern, and asked for them to be considered by the Departmental Health and Justice Improving Health within Criminal Justice Implementation Group: “I recognise not all of these issues are the sole responsibility of the Prison Service or the Trust to action. It would require collaboration with a wide range of agencies and organisations involved in providing care and support to people engaging with the criminal justice system and community services.”

Dr Carroll made 5 recommendations - two in relation to ADHD with regard to identification, training and a needs review; a third regarding documentation of requests for the relocation of individuals in custody who are being supported with a care plan, designed according to risk, and two further recommendations in relation to protocols around information flow between the Prison Service and PSNI in respect of ongoing criminal investigations and the management of the activation of cell’s fire protection water sprinkler systems.

The Ombudsman said: “I offer my sincere condolences to Mr McConville’s family on their tragic loss. I hope this report provides information to address some of the concerns they raised. I wish to acknowledge that the McConville family do not believe their son would have been able to plan and carry out the actions that led to his death. They make this judgement based on what they knew of Mr McConville and the impact his ADHD and learning difficulties had on how he approached and experienced life. While I have found that Mr McConville’s care was within standards, I am also convinced that there is considerable work to be done to ensure that the notion of rehabilitation is a reality for young men such as Mr McConville.”

What Daniel McConville’s family said

Paul McConville, father of Daniel, speaking on behalf of his family, said: “The loss of our Dan in the care of the prison continues to cause great hurt and pain for our family. We are thankful to the Ombudsman for her report, but there are huge lessons to be learned by the Prison Service so that the grief that we carry each day is not experienced by the family of another vulnerable prisoner in Maghaberry.”

What the family solicitor said

Owen Beattie, solicitor for the McConville family, said: “We welcome the recommendations in the Ombudsman’s report that we say illustrates an ongoing systemic deficit in relation to the provision of adequate support services for vulnerable prisoners. This report should act as a hallmark to instigate a root and branch analysis of the conditions presently faced by prisoners, not just in Maghaberry, but in prisons throughout the country.”

What the NI Prison Service Director said

Meanwhile the NI Prison Service Director General Ronnie Armour said: "Daniel’s death was a tragedy, and I know it was deeply felt by his family and in particular his parents. I hope the findings in this report will bring them some comfort at a hugely difficult time.

"The Prisoner Ombudsman concluded that Daniel’s death could not have been predicted and acknowledges that ‘the care provided by the Prison Service was appropriate based on the information and knowledge available to Prison Officers’.

"However, importantly the report also shines a light on both the multiple challenges faced by people who find themselves in prison and the demands placed on prison staff who care for them.

"Prison Officers are not qualified to make diagnosis around ADHD and other neurodevelopmental disorders which the Ombudsman also acknowledges are ‘not easily recognisable or visible’.

"In our three prisons we have almost 1,800 individuals, with over 30% having mental health issues, over 50% have addiction issues and, 53% have a history of self-harm. This illustrates the size of the challenge facing our staff and the doctors and nurses from the South Eastern Health and Social Care Trust who deliver healthcare in our prisons."

Ronnie Armour also welcomed the Prisoner Ombudsman’s acknowledgement that prison healthcare is significantly underfunded. "The pressure this places on healthcare professionals and prison staff should not be underestimated. Collectively we are doing everything we can to support those in our care who are in crisis, but it clearly needs more resources to meet the increasing demands."

Mr Armour added: "When someone dies in our custody that has a deep impact on our staff who support people often in very challenging circumstances. It is important to highlight that the Ombudsman concluded that she was unable to substantiate allegations of ‘mistreatment and bullying’ made in the aftermath of Daniel’s death."