Our Ref: FOI 69870 3 May 2011

You asked for the following information from the Ministry of Justice (MoJ):

1) The number of suicides in prisons in Surrey, Sussex and Kent in each of the following years: 2005, 2006, 2007, 2008, 2009 and 2010. (Please provide separate figures for each of the counties).

2) The number of attempted suicides in prisons in Surrey, Sussex and Kent in each of the following years: 2005, 2006, 2007, 2008, 2009 and 2010 (Again, please provide separate figures for each of the counties).

3) The names and ages of those who killed themselves in the prisons in Surrey, Sussex and Kent, how they killed themselves and in which prisons the incidents occurred in.

I am able to confirm that the Ministry of Justice holds some of the information within the scope of your request.

Question 1

This information is already available to the public or is scheduled to be. It is therefore exempt under sections 21 (Information reasonably accessible by other means) and 22 (information intended for future publication) of the FoIA. Since 2009, we have made statistics on safety in custody available. These cover deaths in custody going back to 1999 as well as recorded self-harm since 2004. These can be found by clicking on the following link:

http://www.justice.gov.uk/publications/safer-custody.htm

The figures are produced annually and extend to prison-level detail. The information for 2010 will be added later this year, around July, and is therefore exempt under section 22 of FoIA. This is a qualified exemption meaning we are duty bound to consider a public interest test in applying this exemption.

Arguments in favour of disclosure: There is a general public interest in the immediate disclosure of information to ensure departmental transparency and accountability.

Arguments against disclosure: It is a part of the effective conduct of public affairs that the general publication of information is a conveniently planned and managed activity within the reasonable control of public authorities. Where they have taken the decision to publish, public authorities do have a reasonable entitlement to make their own arrangements to do so in a way that ensures the information is both validated and accurate.

Conclusion: On this occasion, the balance of the public interest test falls in favour of withholding this information until it is published.

Question 2

This information is not held.

The National Offender Management Service (NOMS) does not hold data on the level of ‘attempted’ suicide in prisons.

The amount of self-harm that occurs in prisons is recorded but not the motivation behind it.

NOMS uses the term ‘self-inflicted death’ to describe any death where it appears a prisoner has acted specifically to take his or her own life regardless of whether this was their intent. This inclusive approach is used in part because inquest verdicts are often not available for some years after a death.

Question 3

NOMS cannot provide all the information requested in part 3 of your query as statutory investigations, such as Coroners’ inquests, into the some of the deaths in custody are not yet concluded.

Section 31(1)(c) of FOIA provides that information may be exempt from disclosure if its release would, or would be likely to, prejudice the administration of justice. This is a qualified exemption subject to a public interest test.

Again, a judgment must be made as to whether the balance of the public interest falls in favour of disclosure or non-disclosure of the information covered by the exemption.

The issues I have considered are as follows:

Arguments in favour of disclosure: We acknowledge that disclosure would help improve transparency in the judicial system. Disclosure may improve public confidence in the operation of the prison system.

Arguments against disclosure: Statutory investigations into some of the deaths during this period have not been completed. The inquests are still outstanding. The Coroner will be investigating these deaths and it is our view that disclosure could prejudice the inquest proceedings.

Conclusion: It is my view that, on balance, the public interest is better served by withholding this information under section 31(1)(C) of the FOIA at this time.

The names and ages which can be disclosed are in the following table.

County / Year / Prison / Forename / Surname / Age / Method
Kent / 2005 / Sheppey: Swaleside / Kevin / Pugh / 37 / Hanging
2007 / Canterbury / Avtar / Bilkhu / 37 / Hanging
2008 / Sheppey: Elmley / Sherzad / Muhamed / 33 / Hanging
Surrey / 2007 / Send / Emma Jane / Kelly / 32 / Hanging
2007 / High Down / Alun Kevin / Jones / 26 / Hanging
2007 / Send / Lisa / Doe / 25 / Hanging
2007 / High Down / Darren / Abrams / 20 / Hanging
2008 / High Down / Scott / Sadler-Marriott / 20 / Hanging
2008 / High Down / Cristian-Mauricio / Gomez-Remolina / 26 / Hanging
2008 / High Down / Chay Lewis / Pryor / 18 / Hanging
2009 / Send / Julie Anne / Hooper / 45 / Cutting
Sussex / 2007 / Lewes / Dafydd / Field / 52 / Electrocution
2007 / Lewes / Aissa / Benderdouche / 36 / Hanging