Trans inmate died by suicide after unlawful segregation, sheriff rules

A trans inmate died by suicide after being unlawful segregated amid a dispute over an unwanted transfer to a women’s prison, a sheriff has found after a fatal accident inquiry.

Sarah Jane Riley, 28, took her own life at Perth Prison on January 12, 2019 while in solitary confinement after learning of an unfavourable decision from the parole board.

A fatal accident inquiry at Falkirk Sheriff Court on Tuesday heard Riley was unlawfully remanded in solitary confinement for 18 days while a dispute around moving her to the female prison estate, “with no end in sight” to her isolation.

Sheriff Pino Di Emidio made 12 recommendations following her death and noted that “Crown counsel thought there was sufficient cause for concern that a police investigation was instructed into the failure to produce prison records”.

“With the benefit of the relevant knowledge, the SRU staff would have identified that the (parole board) decision was likely to have a significant detrimental impact on Sarah such that she should be placed on the Talk to Me suicide prevention strategy,” the sheriff said in a judgment.

“Had that been done, her death would have been avoided. This is an example of the inappropriate use of segregation for a prolonged period in circumstances where the prisoner had not acted in a manner that merited removal from association.”

In 2008, Riley was sentenced to a Order for Lifelong Restriction (OLR), and was first remanded in Perth Prison in December 2007 when she was assessed as being suicidal.

Riley lived as a gay man before starting the process of transition in February 2015, and began hormonal treatment in 2016 after being diagnosed with gender dysmorphia, and three other complex personality disorders.

In June 2015 Riley was transferred to all-female Cornton Vale Prison where she “encountered many difficulties with other prisoners”, self-harmed and was put in solitary confinement for three months, before being returned to Perth Prison after indicating she wished to live as a man.

After being released on parole in July 2018, Riley lived as a woman. When she was recalled to prison in November 2018, she was put in solitary confinement while discussions went on about moving her to the female prison estate, which she had concerns about.

In the midst of the debate, Riley told a nurse at Ninewells Hospital on December 21 2018 that “no one was listening to her, she felt isolated and was having thoughts of taking an overdose”, the FAI heard.

Six days later, a mental health assessment was started by a nurse but left incomplete with no notes implemented into the system, and handwritten notes were later destroyed.

On January 8 2019, Riley attended a PBS Order of Lifelong Restriction Tribunal hearing within Perth Prison, and on the afternoon of January 11 she was given the outcome letter by a prison officer.

The sheriff’s judgment said: “The period Sarah would spend in the SRU was prolonged without an end in sight so long as there was no realistic prospect of transfer. This was not due to any misconduct by Sarah.

“There was no plan other than to wait and see if Sarah was more disposed to the proposal that she transfer to Polmont a few weeks after she had expressed strong opposition to that proposal for reasons based on her prior adverse experience in the female estate.

“The only option apparently being pursued after December 21 2018 was to hope that if Sarah was left… in the SRU for a few more weeks it might make her more amenable to the only transfer proposal on the table.”

On January 12, 2019, Riley took her own life.

Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said: “The sheriff’s determination is detailed and notes recommendations in relation to reasonable precautions that could have been taken to avoid Sarah’s death and identified learning to help avoid such incidents happening to prisoners with complex needs in the future. 

“The FAI followed a thorough and comprehensive investigation by the Procurator Fiscal who ensured that the full facts and circumstances of Sarah’s death were presented in evidence. ”    

“My thoughts remain with Sarah’s loved ones at this difficult time.” 

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Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org