28 June 2007
Gareth Myatt Inquest verdict
Gareth Myatt Inquest verdict
Gareth Myatt's Inquest jury returned a verdict of accidental death. A cop-out. They made some bland criticisms of the YJB and then went home to bed. Given the evidence that came out at the Inquest this is the weakest possible verdict they could have reached. In the light of the following I find it hard to see how anyone could describe Gareth's death as accidental:
- The restraint was instigated after Gareth had been sent to his room. he had gone voluntarily. After being sent to his room a guard (weighing 16 stone) went in and began removing items from the room. This was apparently the 'policy' though Rebound (GSL) who run Rainsbrook have not responded to our request to see a copy of this policy. This 16 stone gaurd removed a piece of paper with Gareth's mum's phone number on. Gareth lashed out. The guard insists he was hit. Gareth by the way, aged 15, weighed under 7 stone. The guard and two colleagues instituted a restraint technique. It seems likely that what we are seeing here is part of what Lord Carlile for the Howard League described in his report into use of restraint, strip-searching and solitary confinement in child jails, YOIS and secure accommodation, as part of a pattern especially prevalent in Secure Training Centres of using restraint to enforce compliance - which was illegal.
- There had been repeated evidence reported to both the director of Rainsbrook and the Youth Justice Board (YJB) about problems specifically with the type of restraint used. The Home Office had asked the YJB to review the system of restraints they used. They had not done so.
- The hold recommended holding the victim's head down solely at the start of the hold but not after. The evidence from Etienne Reynolds a duty manager at Rainsbrook showed that Gareth was being held with head forced down at 45 degrees AFTER he had already told the officers he could not breath and had been sick. Where was the jury when this evidence was read out?
- Gareth, a 15 year old child told the officers he could not breath. He told them he was going to defacate and did. He was sick. Two officers continued to hold him in the dangerous leaning forwards position after all this and indeed after he had gone unconsious according to a statement the duty manager gave to the police. The third officer who should have been monitoring the hold for safety was busy outside the cell removing furniture.
- All the officers had first aid training and yet did nothing according to this evidence even after the boy had been sick. First aid training usually covers the need to avoid the airway becomming obstructed.
The government is bring a stautory instrument before parliment to change the rules governing the use of restraint in STCs. You might assume that following this and the death of 14 year old Adam Rickwood at another STC (Hassockfield) in 2004 in a suicide following a violent restraint that the rules were being tightened in line with the view expresed by the ex-chair of the YJB Rod Morgan that there should be less emphasis on restraint. No; the government in an entirely sordid way is dealing with the criticism that restraint is being used for compliance in STCs by legalising just that. The original rules specified that restraint could only be used to stop an inmate escaping, injuring himself or others or damaging property. Now it can be used for the "for the purposes of ensuring good order and discipline"* This is not remotely acceptable. You need to look at the two stautory instruments listed below to see just how sneaky this change is. This is entirely consistent with the rampant use of power by this government. caught out for murder? Hell, just legalise it.
* This is in line with changes in the Education Act 2006 which allows teachers to use force to stop dicipline and order being 'prejudiced'.
The Guardian article is worth a read.
Links
BBC News Report about Gareth's death
Briefing by Inquest about Gareth (prior to the Inquest) (PDF)
Stautory Instrument to change the law relating to restraint in child jails
The original Stautory Instrument Secure Training Centre rules
Briefing by Inquest about changes to law relating to restraint in Secure Training Centres (PDF)
Article in Guardian about changes to law on restraint with some quotes from Graham Robb, the interim chair of the Youth Justice Board who apparently thinks we're all becomming a bit hysterical about this restraint thing - after the deaths of two children in institutions run by the YJB where restraint was implicated.