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The coroner maintains that women and children are still at risk due to the Probation Service’s inadequate handling of dangerous offenders, as evidenced by the inquests into the victims of Damien Bendall.
Bendall was sentenced to life in prison without the possibility of parole in December of last year for killing his partner, Terri Harris, her two children, John Paul and Lacey Bennett, and Lacey’s friend, Connie Gent, in Killamarsh, Derbyshire, on September 19, 2021.
During the October hearings, it was revealed that the Probation Service and Capita PLC were responsible for 57 significant failures in their handling of Bendall, which ultimately led to his low risk assessment and the resulting deaths.
In a report released on Wednesday regarding the Prevention Of Future Death, senior coroner Peter Nieto expressed uncertainty about the ability of the Probation Service to accurately document details about high-risk convicts and whether their employees were properly equipped to handle them.
Based on current evidence, it appears that checks for domestic abuse and child safeguarding are generally inadequate or not being conducted, which poses ongoing risks for children and women.
The Probation Service reported that steps have been taken to rectify the unacceptable shortcomings in the case.
According to Mr. Nieto’s report, the Probation Service received alarming information about Damien Bendall, including reports of physical assault and harm towards a partner, as well as a potential case of child sexual abuse.
However, this information was not documented in a clear or noticeable manner for future Probation Service professionals to review and consider during risk assessments and decision-making. Additionally, it was not consulted during crucial moments.
“The investigations revealed that there were inadequate or completely absent checks for domestic abuse and child protection during different points in Damien Bendall’s management as an offender.”
Based on current evidence, it appears that measures to prevent domestic abuse and protect children are often inadequate or not being implemented effectively, putting both children and women at continued risk.
The lack of proper domestic abuse and child safeguarding checks by the Probation Service has been a recurring issue in reports and reviews by HM Inspectorate of Probation for the past five years.
During the inquests at Chesterfield Coroner’s Court, it was revealed that Bendall was under the supervision of overburdened and inexperienced probation officers, despite having a lengthy record of severe and aggressive crimes dating back to 2004.
During the time of the killings, he was under a suspended sentence for setting fire to a building and was required to adhere to a curfew at Ms. Harris’s residence on Chandos Crescent in Killamarsh.
However, the probation officer who suggested the curfew in a report before sentencing stated that she did not remember reviewing his past evaluations indicating a high risk, accusations of domestic violence from a former partner, or worries about his interactions with a teenage girl.
In addition to personal mistakes, Mr. Nieto stated that the staff encountered “confusing” systems and it was still not clear how to efficiently document information about perpetrators.
I am prompted to wonder if the Probation Service fully comprehends the gravity of the situation, considering the potential harm to public safety.
He stated that the safeguarding systems were under significant strain and raised doubts about whether the Probation Service fully understands the crucial importance of properly carrying out safeguarding checks.
According to senior Probation Service staff, not completing necessary checks and not clearly stating this in a pre-sentence report may result in management providing feedback to the practitioner, but it is not likely to be considered a disciplinary issue.
I am concerned that the Probation Service may not fully understand the severity of the issue and may not be adequately communicating it to their employees. This could have serious consequences for public safety. It is important for the Probation Service to enforce appropriate consequences for any staff who fail to fulfill their professional duties.
The report was delivered to Justice Secretary Alex Chalk and the Chief Probation Officer. They have a period of 56 days to reply, detailing the steps that have been or will be taken to address the problems, or providing an explanation if no action will be taken.
A representative from the Probation Service stated that the crimes committed were unimaginable and their sympathies go out to the families of Terri Harris, John Paul, Lacey Bennett, and Connie Gent.
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“We have implemented measures to rectify the unacceptable shortcomings in this situation, such as requiring background checks for domestic violence and child protection, hiring a larger number of probation officers, and enhancing the sharing of information.”
“We are currently considering our next course of action following the coroner’s report, with the goal of ensuring the safety of the public.”
The report was also directed to Capita PLC when an employee neglected to report a statement made by Bendall while fitting his electronic curfew tag. The statement indicated that he would harm his partner and children if the relationship deteriorated.
The Derbyshire Healthcare NHS Foundation Trust was notified that Bendall did not attend at least four appointments for alcohol and drug misuse, which were required as a condition of his suspended sentence, before the murders occurred.
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