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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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In Nov.2016 our son was murdered in Dartmoor prison

Customer Question

In Nov.2016 our son was murdered in Dartmoor prison kitchens. That day 27 inmates were preparing meals with 3 staff. All three staff took to the office at 3pm for a meeting. Over some windows they placed white boards making survalence limited. There is no CCtv. one inmate took the chance to walk up to our son and plunge a 10" kitchen carver knife into him, withdraw it and walk back to his station. The blow was fatal. The killer was in for murder, he had served 20 years with 5 years of denied parole due to unstability. He had 70 odd offences some very violent and 36 convictions. How do we now stand with our loss against the breach of the duty of care by the prison to assure safety and articles 2,4,8 on the Human rights. He leaves a 14 year old daughter.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What are you going to claim for? Were you dependent on him financially?

Customer: replied 1 year ago.
We were not dependant on him. We want to claim against the Prison for the lack of their security that resulted in his death that breaches their duty of care and his Human Rights to be protected whilst in prison. We want to ensure that any such compensation can be then placed as a trust for his child and her future education. We would want to know how we go about this. We understand he would bve due Criminal injuries ? but does this take into account the breach of care ? As pensioners we are not in a situation to fund our grand daughter's education as we would like and would like this to be our son's legacy.
Expert:  Jo C. replied 1 year ago.

No. I'm really sorry. Criminal injuries compensation is only available to the immediate victim.

Proceeding on the basis that negligence can be shown, there is a claim but unfortunately not for the value of your son to you. The only thing that would be assessed is his actual legal value which sadly is much higher if a person is economically active than if he is not. Your granddaughter would have a much better claim anyway as she is dependent on him presumably but since he was not earning the claim would be very low. I'm afraid it would only be for the sum of money than he could have produced if he had lived.

I'm very sorry about your loss but that is the legal position.

Can I clarify anything for you?