Ministers were warned by a watchdog that prisoners were “falling through the cracks” of chaotic release procedures at the jail that mistakenly freed a convicted child sex offender.
An annual report on HMP Chelmsford uncovered “a litany of issues and errors” including “a mix-up of release dates” when letting out a vulnerable prisoner.
The Essex facility is at the centre of an inquiry after Hadush Kebatu, an Ethiopian national, was accidentally freed despite convictions for sexually assaulting a 14-year-old girl and a woman days after arriving in the UK in a small boat.
The emergence of the report, published by the jail’s independent monitoring board [IMB] in December and sent to the prisons minister, James Timpson, will raise fresh questions about who should be held responsible for the debacle.
Kebatu was released from prison a week ago on Friday by mistake when he was supposed to be removed to an immigration detention centre. He was arrested in north London on Sunday and deported to Addis Ababa on Wednesday after being given a £500 discretionary payment.
According to the IMB report, HMP Chelmsford’s release processes were examined after receiving a complaint from an “extremely stressed” vulnerable prisoner who, a few hours before release, had been given no information about where he might live or how to contact his probation officer.
“On investigation, we discovered a litany of issues and errors that had led to this situation: the failure of officers to collect the prisoner for his release process briefing; a re-arranged release process briefing cancelled because it clashed with a knife awareness course; and a mix-up over release dates.
“While we must assume these instances are rare, we would urge those involved to update their processes to stop prisoners ‘falling through the cracks’,” the report said.
Prisoners are supposed to be given help and advice “in the last 12 weeks of their sentence”, according to the MoJ’s website.
In response, to the report, Timpson wrote a two-page letter, but did not address the issue of release procedures. “I note you have raised some local issues of concern in your report, which the governor will continue to keep you aware of as work continues,” Timpson wrote.
An asylum seeker who crossed the Channel on a small boat on 29 June, Kebatu was housed at the Bell hotel in Epping, Essex. Eight days after his arrival, he made sexually explicit remarks to a 14-year-old girl who was eating a pizza with her friend in Epping town centre.
The next day, he sexually assaulted a woman, trying to kiss her. He also tried to kiss the same 14-year-old girl he had made remarks to the day before, having encountered her again by chance.
The allegations led to public disorder outside the hotel in Epping, which became a flashpoint between far-right activists and anti-racism campaigners. It also led to protests outside hotels across England, Wales and Northern Ireland.
At the entrance of the prison, Kebatu was observed by a delivery driver returning to the prison several times over an hour and a half, in a “confused” state, only to be turned away. He reportedly told prison officers that he was supposed to be deported, but was told to go towards the town centre.
The former Met police deputy commissioner Lynne Owens is chairing the investigation into why Kebatu was freed by mistake. David Lammy, the justice secretary, blamed “human error” after a single staff member was suspended. The prison officers’ union and the prisons’ watchdog have warned ministers not to scapegoat prison staff for a systemic issue.
The suspended member of staff was responsible for going through the paperwork to ensure that the right prisoner was being released under the right conditions. However, the manager was checking paperwork that had already been processed by more senior staff, it is understood.
The Ministry of Justice declined to explain whether the department had addressed failings raised in the report because of the ongoing inquiry.
Lammy said: “Any release in error is one too many. That is why I have taken immediate action to introduce the strongest release checks ever and launched an independent investigation to get to the bottom of what went wrong.”
The best public interest journalism relies on first-hand accounts from people in the know.
If you have something to share on this subject, you can contact us confidentially using the following methods.
Secure Messaging in the Guardian app
The Guardian app has a tool to send tips about stories. Messages are end to end encrypted and concealed within the routine activity that every Guardian mobile app performs. This prevents an observer from knowing that you are communicating with us at all, let alone what is being said.
If you don't already have the Guardian app, download it (iOS/Android) and go to the menu. Select ‘Secure Messaging’.
SecureDrop, instant messengers, email, telephone and post
If you can safely use the Tor network without being observed or monitored, you can send messages and documents to the Guardian via our SecureDrop platform.
Finally, our guide at theguardian.com/tips lists several ways to contact us securely, and discusses the pros and cons of each.
