Prisoner Covid death: Sodexo and NHS Lothian admit charges in a UK first

A prisoner Covid death has led to what is believed to be the first prosecution of its kind in the UK, after the company running HMP Addiewell and a Scottish health board admitted criminal charges at Edinburgh Sheriff Court on Friday.

Sodexo, which operates the West Lothian prison for the Scottish Prison Service, and NHS Lothian, which provided healthcare there, both pleaded guilty to failing to ensure they met their duties under health and safety legislation. The charges relate to the death of Calum Inglis, 34, in October 2021. The case is expected to call at the same court again in December.

What the court heard about the prisoner Covid death

Mr Inglis, from Edinburgh, was serving a short sentence and had only months left when he tested positive for Covid-19 on 12 October 2021. He was asthmatic and unvaccinated. He was found dead in his cell on 24 October, and his cause of death was recorded as complications of Covid-19 infection.

The court heard that Sodexo failed to adequately monitor him after his positive test, and that NHS Lothian failed to put an adequate care plan in place. Fiscal depute Connor Muir said an expert report had criticised poor record-keeping around the giving of paracetamol on the prison wing, something Mr Inglis repeatedly asked for. Proper medical care, he said, would have “significantly increased his chances of surviving”.

Lawyers for the family claim Mr Inglis was not seen by a nurse during the 12 days. They say he reported being breathless and coughing up significant amounts of blood. It is alleged that in his last days he repeatedly used his cell intercom to ask for help and was told someone would see him in the morning, but nobody came.

Sheriff Julius Komorowski offered condolences to the family, who were in court. He said Mr Inglis had died in “awful circumstances” and that “this death must seem senseless.”

Family calls for Sodexo contract to end

Speaking for the family, solicitor Aamer Anwar said Mr Inglis was “treated worse than an animal” and described the case as the first successful prosecution in the UK for a Covid-19-related death. He called HMP Addiewell, Scotland’s only private prison, “not fit for purpose” and urged the Scottish Government to cancel Sodexo’s contract. According to the family’s statement, that contract runs until 2033.

Mr Inglis’s mother Jennifer, a former nurse, said her son “deserved compassion, dignity, and proper medical care” and that the thought of his suffering would haunt her for life. His sister Frances Marr said the family would keep pressing for accountability through a fatal accident inquiry.

The prosecution follows a Crown Office investigation into about 6,000 pandemic-related deaths. The then Lord Advocate, Dorothy Bain KC, instructed proceedings against the prison operator last year. Mr Inglis was one of 16 Covid-related deaths in Scotland’s prisons during the pandemic.

Responses from Sodexo and NHS Lothian

Dr Tracey Gillies, NHS Lothian’s medical director, apologised “unreservedly” to the family for the failings in his care and offered condolences. She said the board carried out a review after his death and that actions have since been taken for both NHS Lothian and prison service staff to prevent a repeat.

A Sodexo spokesperson extended “deepest sympathies” to the family but said it would be inappropriate to comment further while legal proceedings have not concluded.

With both organisations having admitted the charges but the case still to return to court, the outcome of this prisoner Covid death prosecution is not yet fully settled. The family says it sees the guilty pleas as the start of its fight for a public inquiry, not the end.

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