PRESS RELEASE- JOSEPH SNEDDON DIED AFTER RESTRAINT BY KIRKCALDY POLICE

Justice for Joseph Sneddon Press Conference 15^th February 2023- 10am

Present at the Press Conference and the meeting with the Lord Advocate will be :-

1. Jane Sneddon, Joseph’s mother
2. James Sneddon, Joseph’s father
3. Kerry Sneddon, Joseph’s sister
4. Laura Sneddon, Joseph’s sister
5. Gillian Sinclair, Joseph’s sister
6. James Scougall, Joseph’s uncle
7. Aamer Anwar- Family Solicitor
8. Dr Claire Mitchell KC- Senior Counsel to the family
9. Rebecca Lyle- Trainee Solicitor- Aamer Anwar & Co.,

Joseph Sneddon- Press Conference

Wednesday 15 February 2023, 10:00am

Seating Plan

Death of Joseph Sneddon in Police Custody – Born 14^th December 1984

Press statement read out at the press conference on behalf of the Sneddon family by their solicitor Aamer Anwar

Joseph Sneddon, a 37 year old father of two, was admitted to Victoria Hospital, Kirkcaldy on Wednesday 6^th April 2022 after his family called an ambulance. Joseph’s family had become increasingly concerned at the deterioration in his mental health over the course of two days. In the early hours of the 8^th April, police officers from Kirkcaldy were called to Ward 43. Following a lengthy period of restraint, Joseph died and he was officially pronounced dead at 03.35am.

The Life of Joseph Sneddon

Joseph was born 14 December 1984 to Jane Sneddon 63 and James Sneddon 71. He was one of 4 children with sisters Kerry, Gillian, and Laura. Joseph was well known and liked in the local village. He was known as a father who lived for his two boys.

They were in turn well looked after and there was a strong and loving family support network around Joe. Joseph worked on and off and had previously been a window cleaner with his father. Joseph went to his parent’s house every day. Joseph’s eldest son, was 15 years old, and his youngest, son, was 3 years old, he lived his life for his children and was a devoted father. Throughout these years Joseph struggled with his mental health but whilst his mood would change, he was never known to be violent or aggressive. When Joseph died, his family realised just how well known and liked he was in the community with almost 150 sympathy cards handed into his parent house along with flowers arriving every couple of days for a month.

What is known about the hours before Joseph’s death

It became clear to the Sneddon family on Tuesday 5^th April 2022 that Joseph was suffering from some form of mental health crisis. At first, he was picked up and taken to his sister Laura’s house. Joseph was behaving strangely and confused, so Laura too him to their mother Jane’s the next morning on Wednesday 6^th April. At 12.42pm his family contacted the NHS, and an ambulance was dispatched after the Sneddon’s became increasingly concerned at Joseph’s behaviour.

Joseph Sneddon on the afternoon of Wednesday was admitted into Victoria hospital A&E, he was a vulnerable patient taken to a place of safety. The Royal College of Psychiatrists recommends assessments should start within three hours. The family are unaware of Joseph having received any mental health assessment.

The family were informed that Joseph had around the clock care at the hospital and that they would keep an eye on him. Around a total of seven calls were made to the hospital on Wednesday 6^th April. Laura was told on Wednesday night that Joseph had a settled night.

On Thursday 7^th April, Joseph was visited in the ward by his sister Laura and he was still acting confused but was stable. Joseph’s other sister Gillian was told by nursing staff not to worry as somebody would be with him the whole time, but also that nothing was showing up in his bloods that they could treat him for. He had a head scan which was normal and that the next stage would be a lumbar puncture. That evening at 8.37pm Laura called the hospital to be told that Joseph was agitated, and that staff needed to give him something to calm him down.

The nursing station was just round the corner from Joe’s room. Laura phoned them back on Wednesday 7^th April 22:46 to see how Joseph was and was told he was still confused and agitated, but was being moved to ward 44, so that he was not a danger to himself or others. Laura was also told that a ‘security guard would be sitting beside him at all times’. Laura asked if they had given Joseph something to calm down. They said that they had to wait on the Doctor to prescribe him something. The medication the nurse had given him was not strong enough.

At 03.12am on Thursday 8^th April, Laura got a phone call to come down to the hospital. She was advised to come down as Joe had taken a turn for the worse. Laura asked if her mum and family could come down. Laura and Joseph’s parents arrived at the hospital at 03:42. Joe was still in ward 43, he hadn’t been moved.  They were buzzed into the ward and directed to a small room.

A male Doctor and female nurse according to Jane Sneddon said – ‘Sorry Joe has passed, his heart stopped, we worked on him for 30 minutes but couldn’t bring him back.”

Following this they went to get Kerry and Gillian outside and all went together to see Joseph he was now in a room of his own. As they were walking to the room, the family saw two police officers standing at the nursing station.  The family were just shown to the room and staff left.

Jane Sneddon, put her hands on son Joseph’s shoulder and said, ‘aww son your t-shirt is soaking’.

Jane said ‘we left about 10 to 20 minutes later, we walked past the nursing station where police and nurses were present, no one spoke to us or gave us any information as to what to expect next. Gillian mouthed thank you to the nurse. No one said anything. The police officers were also downstairs.’

The family went back to their parents at around 04:45am. They were given no information as to what had happened. The family received a phone call from the police at 09:32am on Thursday 8^th April to say that they were coming out. At 11:10am the police officer called again to say that he was waiting on his partner coming so they could be introduced together. At 13:56 the police called again to say that they would be out soon.

At 16:07 on Thursday 8^th April, Jane received a phone call to say that it had been taken out of their hands and they would no longer be attending. They advised that it was now in the hands of PIRC. At that time, the family had never heard of the PIRC, nor was any explanation given.

At 16:18 the family received a phone call from PIRC to say that they had taken over and that they were coming out to see them in 40 minutes. It was around 18.00 that the PIRC officers arrived. This is when they met Eddie Miles and Lynn. Eddie was introduced as ‘the boss’ of Lynn who was the family liaison officer.

Eddie spoke about himself a lot and how good he was at this job. Every time questions were asked, the family were told it was ‘complex’. Kerry asked if the PIRC were treating this as a death in police custody and the reply was ‘aye but no its complex. He would also reply I ‘can’t disclose that’.’

Eddie Miles asked where Joe stayed and if they could search his house. The family agreed as they had nothing to hide. There were 2 PIRC, 2 CID and Kerry and Gillian in attendance at the search of Joe’s house. They did not find anything.

Following this meeting the Sneddon family heard nothing from the PIRC or anyone else for the rest of the week. The family repeatedly tried to contact Lynn the FLO on the Saturday and Sunday but there was no answer. The family spoke to Lynn on the Monday, but she informed them that she did not work weekends and that she had no update for the family so hadn’t bothered phoning them.

Kerry phoned the hospital on Monday to asked them what had happened. The nurse said, ‘I’m really sorry what happened to Joe, I was on duty’. She said that she couldn’t give any information on what happened as it had been taken out of their hands and the medical records were with the legal team.

On the Monday 18^th April, Kerry phoned around to see where Joseph was as no one had told the family where he was. It took the funeral director Angela who offered to try and help find their son. Angela advised them that Joe was at the morgue in Edinburgh. Two CID came and picked Jane (mum) and Gillian up and drove them to the morgue. This was the first-time they met Gary of PIRC. The family believe this took place on the 26^th/ 27^th April. The family were told that it would be a while before the post-mortem was carried out due to Easter. The family didn’t hear anything else, and Joseph’s funeral took place the 12^{th of} May 2022. There were no further updates from the PIRC or any details of what had happened to Joseph.

The family received a phone call from the Procurator Fiscal in September, and it was then they really started to think something is wrong here and needed to seek legal advice. In September they received a phone call from the PF to say that the report was coming to an end.

The family phoned the fiscal in November looking for an update and were advised that a letter via email and post would be sent confirming cause of death. The family said on the phone that they were going to get a lawyer, the reply was that was up to family but if they didn’t choose to go down that route then the Crown Office and Procurator Fiscal Service could get back in touch with them. On the 14^th November 2022 Aamer Anwar & Co., were instructed by the family.

Crown Office wrote to the Sneddon family on the 14^th November 2022 to advise that they had received the final post mortem report and the cause of death was confirmed as:

Later this morning the family will meet with the Lord Advocate who is in charge of the prosecution system.

The Post-Mortem &refusal to disclose information as to the circumstances of death.

The Crown Office promised to keep the family updated in terms of their investigation but have done nothing of the sort. The Crown Office promised to share the contents of the final post-mortem but what they have been given is insulting. 21 pages of an autopsy report that took place on the 25^th April 2022.

Of those 21 pages, 10 pages have been completely redacted. Those are the pages that give the ‘Background History’ a total of 11 pages which would outline the description of the events that led up to Joseph’s death.

What is disclosed in the report is that Joseph who weighed only 52kg (8st 3lb) had a total of at least 34 separate injuries to his body, including cuts, abrasions, bruises, to his head, trunk, legs, arms, and limbs including bruising to the left cheek and eye.

Once again, the report at the start of conclusions at Page 19 is completely redacted- the Sneddon family ask why this information is being hidden from them, on what legal basis? Why should they not know how their son and brother died. Why is there a need for such secrecy?

It is important to note that the report states- “taking everything into consideration, this is a very complex case and has been peer reviewed. Mr Sneddon appears to have been restrained for at least a 4 hour period and during this entire time had been very agitated and was extensively fighting against the restraints.”

Joseph’s family ask why there was a need to restrain him for at least 4 hours. They believe it must have been terrifying experience for Joseph who was supposed to have been in a place of safety.

The family ask why in those four hours of restraint did not one medical staff pick up the phone to request their assistance, why wait until he was actually dying?

The family have a right to know how many nursing staff, security and police officers were involved in restraining Joseph. They want to know if handcuffs were used and how many restraints were used.

They want to know if the police officers and hospital staff were trained in the dangers of prolonged restraint.

They want to know why a mental health emergency was treated as a criminal matter and police were required.

The Sneddon family are not trained medics or police officers, but they do not need training to know that four hours of restraint is excessive and extremely dangerous.

 The refusal to provide information to the family raises their suspicion that the period of restraint and use of any mechanical restraints and force may have been excessive, unreasonable, unnecessary, and disproportionate and contributed to Joseph’s death.

Article 2 – the ‘right to life’ – means there must be independent proper, effective investigation into all deaths caused by the State or where it appears the State has failed to protect life. Article 2 requires such an investigation to be open to public scrutiny and involve the next of kin.

We believe that the Crown Office has failed in all these obligations to the Sneddon family.

 The Sneddon family are entitled, by law, to expect there to be a robust, transparent, and impartial investigation, which holds the police to account.

 The Sneddon family suspect that both the Victoria Hospital and Kirkcaldy Police Officers failed in their duty of care to Joseph. They believe that his treatment was brutal, that Joseph’s was neglected and failed, and the authorities must be held to account, however that cannot happen with a veil of secrecy imposed by Crown Office.

As a bereaved family the Sneddon’s feel failed and traumatised by an investigation characterised by delay, denial, secrecy, and defensiveness and are concerned that rule of law does not appear to apply to the police abuse of power in the same way as it does for an ordinary person. The Lord Advocate has a duty to eradicate a culture of impunity as yet again Crown Office stands accused of failing another family.

 Joseph Sneddon’s family wish now they had never turned to the hospital in desperation, they thought it was the best place for him, but instead of help and care he met a horrific and terrifying death.

 What is deeply hurtful to the Sneddon family is that neither the Hospital Trust nor Police Scotland have offered any words of condolences or regret.

Over seven years after the death of Sheku Bayoh it would appear that the system with responsibility for investigating the death of Joseph Sneddon is unfit for purpose, yet again another family is forced to set up a campaign simply to get answers.

This morning the family will have a number of questions for the Lord Advocate including:

1. Could a detailed narrative of events immediately preceding the death be provided.
2. Could you advise at what stage the officers, why and how many became involved in the restraint of Mr Sneddon.
3. Can you advise if the CCTV at the Victoria Hospital is functioning?
4. Can you provide details of the officers attending as well as confirm when they provided statements to the PIRC.
5. Could you advise for how long following the restraint and death the officers remained at the hospital.
6. Could you advise if officers were separated on their return to Kirkcaldy Police Office or simply placed in the canteen or a room together?
7. Was a senior officer present to ensure the officers had no opportunity to confer and take notes of any discussions that took place.
8. Can you advise whether any restraints were applied prior to Mr. Sneddon becoming unresponsive?
9. Can you advise if Mr. Sneddon was held in the prone position at all and whether there is CCTV of this on the ward?
10. The Hospital have failed to advise of any significant adverse event review, can you advise if this took place.
11. Blood tests were clear of substances. The family were told that he was to have a lumbar puncture. The family were not advised why.
12. Lumbar punctures are performed in mentally ill patients who are displaying psychotic episodes – Were they thinking infection?
13. The Family were told that Joseph would have someone with him at all times.  Security guard? Why? Was there a clinician present?
14. Copy of his care plan to include the name of his allocated consultant,
15. Copy of his nursing care plan to include the names of the nurses who cared for him
16. How was he restrained? We see that he was restrained for four hours. How was he restrained? Cuffs/leg restraints? How many officers?
17. Was there a clinician present during the restraint?

In conclusion it was only after members of the family repeatedly asked the PIRC for an explanation was it revealed that Joe had to be restrained at some point. This was the first time that the family were told that the police had been involved in the death of Mr. Sneddon at the hospital, but it was the last detail ever given by the PIRC representatives to the family.

 The Sneddon family feel Joseph’s loss every day, they are grieving for a son brother and father, yet are further traumatised by the complete lack of information that they are fully entitled to. They do not want to speculate on the brutal use of force against Joseph, but the secrecy compounds their suspicion that the use of force was unreasonable, excessive, and illegitimate.

 The family have a right to know how and why Joseph died, these are their words:-

“All I want is answers as to what happened to my son and why he isn’t at home with me and his family. There is no reason why he shouldn’t be with his sons now. I want to know who was in contact with Joe during the 4 hrs he was strapped to a hospital bed, obviously afraid and wanting to go home. I want them to look me in the eye and tell me how they thought this was OK to happen. Joe didn’t die from drink drugs or ill health he died through the negligence of hospital staff and police- if they have any decency at all they should hold up their hands and say they got it wrong. This is eating away at our family, as a mother I can’t eat or sleep thinking about what my son had to go through before his heart stopped and they stood by and watched till it was too late.” – Jane Sneddon, mother (aged 64).

“We feel the loss of my little brother every day, it has been a hard 10 months and any information that would have given us any form of comfort has been kept from us. I feel as a family we have been let down and we are more than ready and the right for answers.” – Gillian Sinclair, sister (aged 42)

“We put my brother into hospital to get the help he needed instead he was taken away from us Joe was well loved and we miss him every day” – Laura Sneddon, sister (aged 37)

“Every single day is like we are living in a bad dream the family is left in limbo with no answers, we just can’t believe this has happened it’s bad enough losing a loved one without the thought of our Joe suffering.” Kerry Sneddon, sister (aged 43)