The Prisons and Probation Ombudsman has criticised HMP Gartree over its handling of a terminally ill prisoner. The prison did not renew his request for compassionate release after his health declined.
Michael Tate, 83, had lung cancer. He died on 6 February 2025 in a hospice, having remained a Gartree prisoner until his death. The prison is in Leicestershire.
Tate received a life sentence in May 2015 for murdering his wife. He moved to Gartree in July 2022.
He received a diagnosis of terminal cancer on 16 October 2024. Two weeks later, staff at Gartree applied for his Early Release on Compassionate Grounds (ERCG).
On 29 November 2024, Psychiatric and Psychological Consultant Services turned the application down. It considered that Tate “still posed a risk to the public” and that the prison could still meet his care needs. Its refusal letter advised the governor to monitor his condition and to apply again if he deteriorated.
The Ombudsman, Adrian Usher, found that Tate’s condition worsened in December 2024. However, the prison did not resubmit the application. The watchdog also found that no one considered release on temporary licence (ROTL) when he went into a hospice.
The Ombudsman said the governor should ensure a “robust process is in place to review ERCG refusals and resubmit applications where an inmate’s health has deteriorated”.
The prison service said it had made changes in response to the findings. A Ministry of Justice spokesperson said: “We have made changes to address these findings and to better support prisoners with terminal illnesses at HMP Gartree.”
The spokesperson added: “Offenders’ eligibility for early release on compassionate grounds is reviewed and assessed on a weekly basis and staff have now been reminded of our policy.”
HMP Gartree is a category B prison for men in the East Midlands. Its last full inspection before this report, in May 2023, rated purposeful activity as not sufficiently good. Inspectors rated safety, respect, and rehabilitation and release planning as reasonably good.
