The case for a national public inquiry into state-approved indiscriminate violence against detained young men and boys
By David Greenwood, Caroline Chandler
The Prisons and Probation Ombudsman has embarked on an investigation into harm done to detainees at Medomsley Detention Centre in County Durham. My hope is that their findings lead to a wider possibly public inquiry into state sponsored violence against detainees between 1965 and 1995 in the country’s young offender institutions.
The facts of Medomsley abuse
In 2001 Neville Anthony Husband, who had been a prison officer in charge of the kitchen at Medomsley detention centre between 1969 and 1985, was convicted after trial of 11 counts of indecent assault and buggery involving detainees at Medomsley detention centre. Husband was subsequently convicted upon his own confession in September 2005 of three counts of buggery and one count of indecent assaults, all offences having been carried out on detainees at the Medomsley detention centre. In February 1990 a storeman at Medomsley detention centre named Leslie Johnson was convicted of two counts of indecent assaults on detainees at Medomsley.
The third police investigation has resulted in the convictions of Christopher Onslow, John McGee, Brian Greenwell, Kevin Blakeley and Alan Bramley of offences of assault and misconduct in public office. The final two trials of relatively minor suspects were to take place in October 2021.
The wider context
Offending in the context of Medomsley detention centre stretches far beyond contact offences. The story of Medomsley detention centre is the story of a culture of brutality, permitted and encouraged by the state, evolving into serious sexual offending and its subsequent cover-up. It is the story of depraved mistreatment of teenagers and how this was tolerated, permitted and encouraged not only at Medomsley but at all detention centres throughout the UK. This is also a story of missed opportunities by police and the prison service to bring offenders to justice. Overall, it is a story of state-sponsored brutality against youngsters and the state’s mistreatment of these vulnerable individuals leading to the alienation of a generation of youngsters from society. It is estimated that over 26,000 teenagers attended Medomsley detention centre between 1969 and 1985 and that at least 4,800 of those detainees worked in the kitchens. All 26,000+ detainees were subjected to the regime of indiscriminate violent assaults from prison officers and the majority of the estimated 4,800 detainees were sexually assaulted to some degree by Neville Husband. We know that approximately 30 detainees reported assaults upon them to local police upon leaving Medomsley and that those reports were ignored. We are aware of two deaths at the detention centre through neglect and mistreatment and of much greater number of deaths as a result of psychiatric disorder caused by mistreatment at Medomsley
These figures are very significant and represent a large segment of a generation of youths from the north-east, the catchment area for Medomsley. This document provides evidence of similar regimes in all other detention centres in England and Wales during the same period. The numbers of detainees injured by the unlawful and state sanctioned indiscriminate assaults in these detention centres requires swift investigation due to the age of alleged perpetrators.
The road to the PPO investigation
In 2003 following the trial of Neville Husband at Newcastle Crown Court, Kevin Young, the only victim at that time to waive his anonymity, called for a public enquiry into the institutional failings at Medomsley. Mr. Young went on to sue the Home Office for compensation, a claim which was resisted through to the House of Lords judicial committee and ultimately with a finding in his favour in 2008. Between 2003 and 2012 the stigma of what happened to boys at Medomsley caused the vast majority to remain silent. Calls for help with an inquiry to local MPs Stephen Byers and Alan Campbell on behalf of constituent Randolph Trent (pseudonym) and to Nick Brown MP on behalf of another detainee, Mr. A, met with disinterest.
In 2012 another victim, John McCabe, (anonymity waived) was assisted by his MP, Michael McCann, who raised the issue of the public enquiry and Prime Ministers' Questions on 23 May 2012, stating:
“Mr Speaker, Prison Officer Neville Husband abused young men in the Medomsley Detention Centre for decades before he was prosecuted and sentenced for some of his crimes.
"A Constituent who was abused by Husband has given me information which suggests that senior figures in the Establishment knew what was going on.
"The CPS refuses to pursue these matters and instead the Home Office has sought to issue compensation payments.
"Mr Speaker, young men were detained by the State and then they were abused by the State. Does the Prime Minister agree with me that a full enquiry is necessary to ensure that justice is done and is seen to be done?”
The question was brushed off by Prime Minister, David Cameron. In 2015 the Independent Inquiry into Child Sexual Abuse initially agreed to investigate the Medomsley detention centre, but it became clear when it's terms of reference were set that it would not look into abuse of detainees which was not sexual abuse carried out against those under the age of eighteen and that it would not investigate failings by the police and the Home Office. The majority of detainees abused at Medomsley were over the age of 18 when they were assaulted and sexually assaulted.
In 2017, some constituents abused at Medomsley asked their respective MPs to write to Sarah Newton, a Home Office minister, asking for an inquiry but were rebuffed on the grounds that the Independent Inquiry into Child Sexual Abuse could deal with all issues, a statement which was plainly erroneous.
On 26th June 2018 the Home Secretary, Sajid Javid, met with John McCabe in the presence of a Home Office minister Victoria Atkins and Laura Peacock, MP Durham. Mr Javid was open to the idea of an inquiry and committed to revisiting the question after trials which were ongoing at the time were concluded. The main rump of the trials concluded in April 2019. In April 2019 Mr McCabe and solicitors Ben Hoare Bell wrote again to Sajid Javid to remind him of his commitment to review the request for the inquiry.
On 26 July 2019 David Greenwood of Switalskis solicitors wrote to remind the Home Secretary of his commitment to reconvene the meeting with John McCabe. A response was received on 22 November 2019 in the form of a short letter which advised Mr Greenwood that consideration would be given after the election (which was then due to take place in December 2019).
On 2 January 2020 David Greenwood Switalskis wrote to Anthony Thompson, the head of youth custody policy to point out that by this time the inquiry into child sexual abuse had decided that it would not carry out an inquiry into Medomsley and that this thereby strengthened even further the case for a public inquiry to be announced by the Home Secretary.
Since January 2020 the Covid crisis has undoubtedly been the main priority of government and victims of abuse of Medomsley have shown appropriate restraint for a substantial period during 2020. An alliance has however grown between victims represented by law firms who together represent over 3,000 men abused as boys at Medomsley and a further 500 clients abused at other detention centres. This alliance has been requested by these men to take forward their insistence that a public enquiry is initiated. An all-party Parliamentary group that includes Richard Holden MP for Durham, Kevin Hollinrake MP and Rachel Maskell MP along with Baroness Hilary Armstrong, and David Greenwood of Switalskis solicitors are in agreement that the time is now right to initiate the inquiry and to draw up its terms of reference in consultation with all parties.
The public interest in abuse of detainees at Medomsley detention centre for almost two decades has remained high since the first trial of Neville husband in 2003. Thousands of families in the North East have been affected and obvious concerns about institutional cover-up will remain in the absence of an inquiry.
Under the Inquiries Act 2005 the Minister can set up an Inquiry:
“If particular events have caused or are capable of causing public concern or that there is public concern that particular events may have occurred”.
What we already know
1) There have been very significant levels of both sexual and physical violence towards teenagers at Medomsley detention centre
2) Prison officers have conspired among each other to for to avoid investigation (officers witnessed each other assaulting boys and evidence emerged in the 2003 Husband trial that suspicion of sexual activity with inmates and discoveries of dildos in Husband’s locker were suppressed).
3) Police officers have conspired to protect prison officers by ignoring dozens of contemporaneous reports of abuse. (Documented by FOIs from Durham Constabulary plus 4 others which have not been interviewed by Seabrook).
4) There have been at least two deaths in custody due to punishment and neglect in the detention centre.
5) Dozens of men have died since leaving Medomsley as a result of problems leading to substance misuse. When analysed this will be a significantly greater proportion than the general population.
6) Sexual abuse of detainees extended to external clubs and societies (Freemasonry and amateur dramatics). Operation Seabrook specifically investigated some but not all these links. The failure in 2002 to look into this was a serious error. If this has been investigated in 2002 Husband may have co-operated and others may have been brought to justice. This failure demonstrates a lack of ambition or a deliberate attempt to sweep non-Husband abuse under the carpet. Indeed, there was no systematic attempt to uncover further victims of Husband’s abuse.
7) There was a failure in the 1970s, 80s and 90s by police and prison authorities to investigate complaints made by detainees. Much of the abuse at Medomsley could have been prevented if officers had upheld the law.
8) The police investigations held in 2003 and 2005 were inadequate, under resourced and failed to provide justice to the many boys they did not reach. It was obvious to the police that there were likely to be hundreds of other victims yet failed to attempt contact with others.
9) There have been significant failures in the current police investigation (operation Seabrook). There was a failure to investigate detainee deaths adequately (e.g. the coroner from a 1980s death was brought in to review action on deaths in custody). There was a failure to investigate police neglect of duty and/ or conspiracy to protect prison officers. There was a failure to investigate adequately allegations of organised abuse outside Medomsley by prison officers.
10) Prison officers and governors are still alive. And inquiry can take direct witness evidence from them.
11) One former governor, James Millar-Reid, committed suicide when he found out he was to be questioned by police.
12) The Independent Inquiry into Child Sexual Abuse will not enquire into Medomsley detention centre and so the past inadequate responses of the police and prison service will not be scrutinised.
13) There is very significant public concern and press interest into why two generations of teenagers at the Medomsley detention centre have been abused yet there has been no analysis of the system which allowed this abuse.
What we do not know
1) The true extent of knowledge by supervisors at all levels of the extent of abuse.
2) The knowledge among police officers of abuse at Medomsley and how complaints to the police were dealt with.
3) The knowledge among probation officers of abuse at Medomsley and how complaints to probation were dealt with.
4) The knowledge among NHS workers of abuse at Medomsley and how this knowledge was dealt with.
5) The true numbers of deaths in custody resulting from abuse or neglect at Medomsley detention centre. Was a systematic analysis carried out by Durham Constabulary?
6) The true number of deaths whose contributory factors included harm caused by abuse at Medomsley. Was a systematic analysis carried out by Durham Constabulary? If not, why not?
7) Why the report by Mark Stewart Park of abuse by husband in 1985 was not acted upon by police.
8) Why earlier reports to police of abuse by husband were not acted upon, thereby missing opportunities to remove Husband and prevent subsequent offending.
9) Why the 2003 and 2005 investigations did not broaden their remit is to include all assaults on the detainees and the obvious conspiracy and misfeasance offences.
10) We do not know the origins of the culture in which it was considered essential to physically assault detainees in detention centres including but not limited to Medomsley detention centre.
11) The country has not heard the about the extent of harm done to the generation of teenagers by the detention centre and short sharp shock model. It is essential that a systematic analysis of psychological, sociological and economic lost chances is carried out and explained publicly.
The picture nationally of abuse in detention centres
David Greenwood of Switalskis solicitors has collected complaints of systematic and this indiscriminate violence against detention centre detainees throughout the UK. He has received 294 reports from detention centres including Eastwood Park, HMP Whatton, Portland, Kirklevington, Buckley Hall, Stoke Heath, New Hall, Glenochil, Werrington house, Woking, Send, Haslar, Polmont, Blantyre House, Usk, Axwell Park, Hollesey Bay, Deerbolt, Rochester, Glenn Parva, Campsfield House, Foston Hall, Aldington, and Erlestoke. This database would be a valuable resource to an inquiry. Complaints range from 1965 to 1995 and all complainant's complain of indiscriminate violence assaults from prison officers.
Here are just a few of the complaints:
Complainant 1
“At Aldington detention centre when I was 17 years old , I'm now 53. The memory's have never left me , they ran it on pure fear and violent abuse I actually thought they would kill me. Have you heard of that place? Since then for many years spent time in all these prisons Chelmsford, Feltham forgot how many times I was in Wandsworth more then 8, lost count Brixton wormwood scrubs even Exeter prison drowned it out with alcohol and drugs very angry young man and adult last sentence 2017 .”
Complainant 2
“I found articles regarding systematic abuse at HMP Eastwood Park Gloucestershire. I was there at the age of 16 and it was a living hell. The guards physically and mentally abused detainees and enjoyed it. I was battered for saying my name was Michael. Should have said (my name) Sir. I was given a number D44**2 (my name). After a strip and flea check a disgusting haircut I couldn't remember the number. An officer screamed in my face and punched me naked to the floor and kicked me. That was day one of absolute brutal hell.”
Complainant 3
“I do hope there is an enquiry into Send detention centre, because I was a child, I was only 14 years old and I was mentally physically and sexually abused by those staff. I know that i'm 56 there's always a time when you remember what happened it could be through a song on the radio which relates to that time also I remember the children who committed suicide because they could not take the abuse I say that there should be a enquiry and I hope those who abused us are recognised if they done this to us then they could have done this to their children or others my number of which they gave me I still remember it was worse than a concentration camp.”
It should be noted that Avon and Somerset police are currently in the process of carrying out an investigation into sexual and physical abuse allegations at Eastwood Park detention centre and any enquiry would have to avoid enquiries into issues which could affect that prosecution. Kirklevington Detention Centre is also being investigated by Cleveland Police and similar issues will apply around the Inquiry terms of reference. There are likely to be ongoing investigations by police authorities and this cannot be an excuse to delay a public inquiry into widespread state sponsored indiscriminate violence against young men and boys.
On any account the allegations made by teenagers at Medomsley, or other detention centres illustrate widespread assaults taking place over a thirty-year period. A full inquiry into this unlawfully activity on such a wide scale against vulnerable youths is in the public interest.
It is worthy of note that the United Kingdom signed the United Nations Convention against torture on 15 March 1995. The convention outlaws 'any act by which severe pain or suffering whether physical or mental is intentionally inflicted on a person… for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity'.
United Kingdom authorities must have been aware of its intention to sign this convention long before March 1985 and it appears to have remained in breach well into the 1990s.
In short, the time has come following the Medomsley police investigation and the uncovering of systematic physical assaults on teenagers throughout the prison system, following the December 2019 election and Covid crisis, for the MOJ and Home Office to work with this alliance of the representatives of over 3,000 victims of abuse in the announcement of a Public Inquiry to investigate the scale of abuse in youth detention facilities nationally between 1965 and 1995 and to investigate the institutional failures which led the abuse of detainees. The effect of the abuse upon detainees and their families deserves particular attention.
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