Miscarriages of JusticeUK (MOJUK)


Kyle Major’s Claim Against Violent Prison Officer - Upheld by Ombudsman

On 12 December 2017, Mr Kyle Major submitted a complaint to the Prisons and Probation Ombudsman saying that on 30 August 2017, at HMP Lindholme, Officer Peter Kelly used unnecessary force against him. Mr Major alleged that Officer Kelly assaulted him by striking him against the throat.

Mr Major submitted three formal complaints, via the confidential process using form COMP 2, regarding his allegation that Officer Kelly had assaulted him. These complaints were dated, 30 August (LHC 2081), 5 September (LHC 2099) and 6 September (LHC 2146). Mr Major requested an independent investigation and for CCTV footage to be viewed and retained, and that he wanted Officer Kelly arrested for attempted murder.

South Yorkshire Police investigated Mr Major’s allegations, and interviewed Mr Major, Officer Kelly, Officer Fitzpatrick and CM Rowley. On 28 November, the police concluded the case did not meet the threshold for Crown Prosecution Service (CPS) advice. South Yorkshire Police informed Mr Major that they were not pursuing a criminal investigation.

Kyle totaly unhappy with this wrote to the Ombudsman asking them to investigate his complaint, the Ombudsman agrred to do so and allocated an investgator on the 23rd March 2018.

Ombudsman’s, Conclusion and Recommendations

We have concluded that the use of force used by Officer Kelly on Mr Major on 30 August 2017 was not necessary, reasonable or proportionate. Mr Major’s complaint is upheld.

In particular, we consider that:
• Officer Kelly informed the police and the investigator Mr Major had threatened to ‘put him on his arse’. Officer Kelly said because of this threat he was fearful for his safety, but he has not recorded this detail on either the Use of Force form, Annex A or PNMOIS entry.

• Officer Kelly linked Mr Major refusing a lawful order in his PNOMIS entry as justification for using personal protection techniques. Refusal to obey a direct order would not in itself have justified the use of force at this point.

• Officer Kelly made no reasonable attempt to de-escalate the situation, as outlined in PSO 1600. • Mr Major had his arms by his sides throughout their exchange, which lasted in total only six seconds.

• Mr Major was not given sufficient time to comply with any instruction before Officer Kelly used unnecessary force.

• The level of force used was unreasonable and disproportionate. • Officer Kelly used both hands, with force, which struck Mr Major on the throat.

We found that Officer Kelly and Officer Fitzpatrick failed to complete their Annex As within the timescale required by the PSI. Therefore, we make the following recommendations.

Within four weeks of the date of this report, the Governor should:

• Commission an investigation under the terms of PSI 06/2010 & AI 05/2010, Conduct and Discipline, into the use of force used by Officer Peter Kelly.

• Issue a letter of apology to Mr Major, in view of our findings.

• Issue a communication to remind all staff of the importance of submitting Annex As within 72 hours as per PSI 30/2015 and ensure there is a robust process in place to check all Annex As have been submitted; this should be completed within four weeks of the date of this report.

We have also concluded that liaison arrangements between Lindholme and the Ombudsman’s office need to improve.

HMP Lindholme stated that they accepted the report and our recommendations in full.

Kyle is currently pursuing a claim for damages against the Prison Service.

Download the Ombudsmans full report: Final report by Ombudsman