QUESTIONS have been raised over why two sex offenders were restrained by prison officers while receiving treatment in hospital.

Both prisoners died in 2021 while serving time at HMP Isle of Wight, and have had their deaths investigated due to them dying while in custody.

Clive Collins died of pneumonia at the age of 79, in March, 2021.

In August, 2017, Collins was sentenced to ten years imprisonment for sexual offences after abusing two girls in the 1970s and 1980s, and he was moved to HMP Isle of Wight in February, 2018.

Robert Marti died in prison in May, 2021, of a blood clot in the lung caused by pancreatic cancer. He was 66.

In 2010 he had been sentenced to an indeterminate period of imprisonment for public protection for sex offences, after being caught as part of a paedophile ring. He was transferred to HMP Isle of Wight in November, 2015.

The Prisons and Probation Ombudsman carries out investigations into deaths in custody, and makes recommendations for improvements if they deem it necessary.

In the case of Collins, the report found a concern that staff used restraints on him when he was taken to hospital.

The report stated: "He was a frail, unwell man with poor mobility and we do not consider that the use of restraints was proportionate to the risk he posed." 

In the case of Marti, inspectors found that the decision to use an escort chain when taking him to hospital in January, 2021, was not justified given his advanced illness and poor mobility.

Recommendation made by the Ombudsman

  • The governor and head of healthcare should ensure that all staff undertaking risk assessments for prisoners taken to hospital understand the legal position on the use of restraints and that assessments fully take into account the health of a prisoner and are based on the actual risk the prisoner presents at the time.

Additional recommendations in the case of Collins

  • The head of healthcare should ensure healthcare staff complete the medical section of the escort risk assessment fully and accurately.
  • The report should be shared and discussed with the two managers who authorised the use of restraints and the nurse who completed the healthcare section of the escort risk assessment.

Additional recommendation in the case of Marti

  • The governor should ensure that staff maintain an accurate family liaison log so that there is an effective record of events, issues, concerns and action taken.

Using restraints in prison

The prison service has a duty to protect the public which must be balanced with a responsibility to treat prisoners with humanity.

Any restraints used should be necessary and decisions should be based on the security risk, taking into account factors such as the prisoner’s health and mobility. 

The reports were published on December 21.