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Victory
for jail abuse whistleblower
Six-figure
damages awarded to prison officer forced out
after she accused colleagues of bullying inmates
Sarah
Sims
Sunday June 26, 2005
The
Observer
A
prison service whistleblower who alleged a
litany of abuse at a high-security jail is set
to gain a six-figure sum in compensation after
winning a claim for unfair dismissal.
Carol
Lingard, 37, saw her promising 15-year career as
a prison officer destroyed when she reported
claims of prisoners being bullied and
intimidated at Wakefield prison in west
Yorkshire.
An
employment tribunal earlier this year, where
Lingard won her case, heard that colleagues
treated her as 'a grass' and her managers failed
to take her complaints seriously.
Examining the two unsuccessful investigations
into her claims, the tribunal heavily criticised
the Prison Service management, including the
former governor John Slater, the former deputy
governor Colin Blakeman - now governor of Leeds
prison - and the deputy director of the service,
Peter Atherton.
Lingard
has since received an apology from the director
general of the Service, Phil Wheatley, who
acknow-ledged that the organisation, its
Professional Standards Unit (PSU) - established
by new whistle-blowing legislation - and his
deputy all failed to deal properly with her
allegations.
Today,
although she can toast her victory, Lingard is
angry that she lost her job as a senior prison
officer over her allegations - which have still
not been fully investigated. 'I began losing my
hair, large clumps of it,' she said. 'I've been
out of work for two-and-a-half years and I am
still taking medicine for anxiety.
'I
don't think any prison employee today would go
to the PSU with their concerns. I was
consistently deemed the problem, all the way to
top management.'
Lingard
got her first job in the prison service aged 20,
and after 10 years' service she was no stranger
to the harsh realities of life behind bars when
she joined Wakefield as a senior officer in
January 1999.
Wakefield
has around 580 inmates, including Roy Whiting,
the killer of eight-year-old Sarah Payne and Ian
Huntley, who murdered Holly Wells and Jessica
Chapman, both 10.
In
August 2002, when Lingard first made her
allegations, she ran B-wing with 180 prisoners
and 40 staff. 'My appraisals had been fantastic.
I was the only senior officer picked for
fast-track governor assessment,' she said.
The
tribunal heard that Lingard was vilified as a
whistleblower after her string of allegations,
which centred on one prison officer. She claimed
the officer warned a sex offender he could get
slashed by other inmates if he was found with
images of children. Lingard alleged that the
officer then attempted to have the material
planted in the prisoner's cell.
Tensions
were running high against paedophiles at
Wakefield after the murder of Holly and Jessica.
Whiting had been attacked and there was more
trouble brewing.
Lingard
alleged that the officer had forged another
prisoner's records to show poor behaviour and
that he was involved in a suspicious assault
allegation against the same inmate. She claimed
that the officer had performed Hitler salutes at
the probation board of a German inmate.
Lingard
highlighted her concerns to her line managers.
Within 48 hours, she said, 'word spread that I
was "a grass" and suddenly I was
discriminated against, intimidated and
stonewalled.
'Work
became a very hostile, unsafe environment. Backs
literally turned whenever I entered a room or
corridor and gates slammed in my face. I was
made to feel as if I had done something
dreadful, and that I was going to pay for it.'
she said.
'I
just couldn't carry on. I couldn't sleep or eat.
I was 32 weeks pregnant, had previously suffered
two miscarriages and I was losing weight.'
An
initial investigation - later described as
'poor' and 'not professional' by the tribunal -
found 'no evidence' to support Lingard's
allegations. Despite approaching Slater, the
prison governor, and the PSU - which briefly
investigated her claims but failed to discover
the truth - her complaint went no further.
Demoralised,
Lingard turned to her brother, John Sturzaker, a
lawyer, for help. 'Carol was right to report the
allegations but I was astonished that the matter
had not been sorted out in 18 months and was
appalled at how it was handled,' said Sturzaker.
In
April 2004, Lingard brought a claim before the
employment tribunal. She found out that
Wakefield had taken steps to medically retire
her. 'Their own doctor told them that my illness
was caused by their actions,' she said angrily.
The
tribunal attacked the senior management at the
prison and the service. Its judgment was
peppered with damning judgments: 'startling and
disturbing,' 'seriously flawed judgement,'
'collective failures,' 'beyond belief,'
'miscarriage of justice,' and 'serious
misgivings'.
'Carol
was a successful, highly regarded member of
staff who made five serious allegations and was
instantly regarded as the problem' said
Sturzaker. 'A corporate inability to properly
investigate and a contempt for those who are
brave enough to report wrongdoing emerge from
this judgement - she was failed all the way to
the top.'
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