The hanging death of Aboriginal inmate Larna Louise Ryan could have been avoided had prison and health authorities simply checked her medical and case history. There, according to the coroner who investigated her death, staff would have found a “plethora of information” warning that Ryan was a serious suicide risk. Yet despite years of recommendations, policies and procedures urging staff to check prisoner files when conducting assessments, the documents lay untouched until far too late.
Coroners have uncovered inadequate assessment and screening practices at more than 20 inquests into deaths in NSW prison custody in the past nine years, as Crikey began to detail last week as part of a special investigation. Formal recommendations urging government agencies to improve assessment procedures and enforce strict screening protocols were made in 2002, 2003, 2004 and 2006. Yet despite these recommendations, inadequate screening and assessment practices again were identified as contributing factors in two deaths in 2009.
Ryan died at Bathurst Correctional Centre in March 2005. Her last days alive paint a picture of bureaucratic incompetence, at best, or negligence, at worst. No stranger to the prison system, Ryan had a long history of self harm, including two previous suicide attempts while in custody, and multiple psychiatric illnesses, including drug addiction and depression. According to department records examined at the 2007 inquest, Justice Health staff had triggered emergency protocols 24 times during her previous periods of incarceration, when Ryan was identified as being at risk of self harm or suicide.
Refused bail after her arrest for dishonesty offences, Ryan repeatedly warned her family that she would not be able to handle being in prison and would kill herself before returning to custody. Ryan’s aunt, Tina Bonham, said at the inquest she relayed this information to Justice Health staff, but files contained no record of the conversation.
Five days later, Ryan was dead.
Deputy state coroner Carl Milovanovich found prison and health authorities had failed to identify the grave risk to Ryan’s safe custody.
“The death of Larna Ryan in my view could have been avoided … if it was determined, having regard to all the information that was available, that there was a risk of her self-harming,” Milanovich wrote in his findings. “[T]he question that must be asked is why did Correctional and Justice Health staff not access the plethora of information that was available in regard to Ms Ryan’s previous history.”
Authorities twice breached Recommendation 126 of the Royal Commission into Aboriginal Deaths in Custody, which states: “That in every case of a person being taken into custody … a screening form should be completed and a risk assessment made … [T]he screening form should be completed with care and thoroughness.” The inquest found no evidence that Corrective Services staff assessed Ryan on arrival at Bathurst jail, either when she was first remanded or when she returned after a later court appearance.
Records indicate that Ryan was assessed by Justice Health staff, but these assessments were incomplete as staff failed to “obtain a comprehensive medical history for the prisoner including medical records from a previous occasion of imprisonment”, as required by Recommendation 157. This failure became clear at inquest, when Justice Health presented the findings of its own investigation into the death, which revealed Ryan’s medical and case files did not arrive until after her death.
The absence of these files was a second breach of Recommendation 157, which also states: “That prisoner’s medical history files [should] accompany the prisoner on transfer to other institutions and upon re-admission.” Milovanovich was frank in his analysis: “I fail to see any reason in this day and age why medical records cannot be sent by courier — even over a weekend — from the Sydney record base to any place in NSW where an inmate is received.”
The Royal Commission was unequivocal about the importance of a prisoner’s medical and case history. In its final report, Commissioner Elliot Johnston wrote: “The adequate assessment of a prisoner is highly dependent upon the information available at the time of assessment … Ambiguous signs may take on a clearer significance if placed in the context of a history of medical or psychiatric illness. Access to a prisoner’s medical history records, both from the prison medical service and from outside health agencies would, therefore, be of potentially enormous benefit at the time of assessment.”
Milovanovich did not make formal recommendations at the inquest into Ryan’s death, noting that the issue of ensuring an inmate’s medical files were accessed “has already been subject to either formal recommendations or comment by coroners and there is now a standing direction that medical records must be accessed immediately”.
Yet 15 days after these findings were handed down, another inmate who had also previously attempted suicide and was known in the prison system as being “a high chronic risk of self harm” hanged himself at Long Bay Correctional Centre. In a disturbing echo of Ryan’s case, the inquest into his death revealed that his family, like Ryan’s, had also made efforts to warn Corrective Services and Justice Health staff that he was planning to kill himself.
Desmond Walmsley died 10 days after entering the mainstream prison, having never received any psychological assessment from Corrective Services or Justice Health staff.
Walmsley’s welfare officer admitted at the inquest that she did not read Walmsley’s “discharge summary” — a document summarising an inmate’s previous periods of incarceration — when assessing whether he was at risk of suicide, breaching Recommendation 157. Corrective Services’ internal guidelines on the use of discharge summary forms state: “The information is crucial to screening staff when receiving an inmate back into custody, for checking such matters as the inmate’s behaviour, medical issues, management alerts etc. Staff, Case Management Teams and the Classification Consultative Group also use the form to check that information is accurate and to obtain an overview of the inmate’s general interaction and behaviour during their past period in custody.”
Had Walmsley’s welfare officer checked his discharge summary during the assessment, she would have read the following: “Mr Walmsley is considered a high risk of self harm due to the following factors: Recent serious attempt to kill himself; charged with capital crime of murdering his partner; history of suicidal ideation; recent incarceration, on remand, and first time in custody; few social supports in community and custody.” The summary had been prepared following Walmsley’s discharge from the Acute Crisis Management Unit — a specialist unit for safe and humane crisis intervention at Long Bay Correctional Centre — eight days prior to the assessment.
In his findings, delivered in August 2009, deputy state coroner Paul MacMahon commented: “It would be anticipated that the early period of transition from the intense supervision of the ACMU to the mainstream prison would be likely to be the greatest time of need for an inmate who is at risk of self harm and as such Mr Walmsley ought to have been reviewed during that time.”
Corrective Services NSW and Justice Health were contacted for comment but did not return emails or phone calls.
*This is the second in a series of case studies and investigative reports into prison deaths. Next week, the warning signs before the 2007 hanging death of Aboriginal inmate Adam Douglas Shipley.
Lets put the blame on the people responsible, THE ADMINISTRATION, not the prison officers on the job.
In the 70/80s as a prison officer, I did not have any problems with the inmates, but the “EXPERTS” running the system, were a real problem, it seems that nothing has changed, one case I remember was the YETI, we called her that with no disrespect, but she was a huge girl and hard to control, we pleaded with the administration to take her out of maximum security, and put her on a prison farm.
It used to take five of us to put her to bed, one night, I sat down beside her and said, “I am going to spank you if you dont go to your cell, she asked me if I was serious, when I said I was, she took my offered hand, and I tucked her in without trouble.
This girl had the mental capacity of a 6 year old, yet she was in maximum security.
I rest my case.
Inga Ting is presenting an extremely impressive series of feature articles on subjects that are but should not be overlooked by the mainstream media. The series shows how research, thought, intelligence and the hard slog of leg work combined with a clear voice and good writing can make a real difference and highlight issues that should be of concern to all Australians.
well done, Inga
jenny cullen
The problem as I see it is that people who are incarcerated are effectively abused by the bureaucracy. All the evidence points to the administration not caring what happens to these people, despite the presumptive duty of care they must have, and this sort of attitude makes me think that it will be difficult for this to ever change.
I expect the only way of making a difference is through the legal system, even though this must be the most ineffective way of doing it. But perhaps someone should go to the trouble of suing the bureaucracy for what is effectively neglect because I can’t see that complaining about things will necessarily change anything.
Dr Harvey M Tarvydas
Good on Ya Inga Ting.
Good on Ya Crikey.
There is a blame side that you couldn’t know I believe (I might be wrong).
You are so right but the blame scenario is so deep and goes straight back to the medical profession including most (not all absolutely) Professors of Psychiatry (just like the one we’ve been calling Aussie of the year because you/we didn’t know any better).
There is a huge reason why Australia has the worst suicide statistics in the world and it is that probably he but certainly most of his profession, especially the specialist part that he personally represents, is too scientifically inept to know better, (like I and very few others actually do – sorry that it sounds a bit me me me, don’t know how else when its so disgustingly serious), to realise that they have fallen into a ‘drug therapy can cause suicide’ stuff up but ‘we who might actually see this will play blind and do a bit of denial and not see it because great glorious well paying Pharma couldn’t make such serious mistakes’. Well I had to shout at the blind goons and upset them.
It takes a GP (who is actually a f**King (I love the King word) competent scientist in their stuperosed midst) to try and point this awful mistake out to their puntz leaders so now the Health department is punishing me (that’s why the clever boys never speak up, not even to save a life).
Well Inga Ting you will probably find this all a bit much and I don’t want to take anything from your good work but human crap can be very complicated.
Jenny Cullen is so right, Inga, writing about this stuff is not ‘sexy’ enough for the MSM, it is hard slog and a thankless job, but you do it well and with style. Well done and good on you.
The Baxter Inquest earlier this month heard that the training for professionals to detect risk of self harm was only two days, albeit that many staff enter the job with years of experience, it isn’t enough to safeguard vulnerable inmates – particularly NSW ones. There are reasons that are easily countered that are the cuases of them falling through the gaps in the system.
I am becoming increasingly aware that much of the detection process for at risk inmates depends on friends and family, prison officers seeing and thinking as responsible individuals not with an automaton mindset.
In the case of the custodial death of young Mr Terry Griffiths Jnr, he was moved around for minor court appearances – basically renditioned – and those steady family supports, those stable environs(essential for the mentally ill) were robbed from him and he was left, alone, at risk and vulnerable, shifted from institution to institution though prison officers knew he was young, they all knew he was ill and that he had rights to ongoing contact and appropriate medical care.
His story is one we see repeated over and over. Stability in the care of young mentally ill Aboriginal inmates should take precedent over trifling operational considerations by a long shot and Justice Health should not be a separate entity from DCS NSW.