Family plea to put mother's killer in high-security facility
The family of a carer who was stabbed to death say Scottish ministers have done nothing to create a high-security psychiatric facility for women.
Michele Rutherford’s daughter Amy says it is "unacceptable" that there is nowhere in Scotland for her mother’s killer - who will be treated at a facility in Wales.
Mrs Rutherford, 54, was killed at Craighall Court supported accommodation in Stirling in March 2023, by resident Kellyanne McNaughton.
Amy, her sister Lyndsay and their father William have raised concerns with the Scottish government and say they want to make sure McNaughton cannot harm again.
Amy told BBC Scotland News: “We don’t particularly care about that individual.
"But we want them to get the help and support they need, which will then make everyone else safer and not put anyone else at risk.”
The family will meet Justice Secretary Angela Constance and Social Care Minister Maree Todd later to seek progress.
Ms Todd told BBC Scotland News that the Scottish government is in the "very early stages" of reopening Carstairs, Scotland’s State Hospital, to female patients.
The facility currently only takes male patients.
Mrs Rutherford was care manager at the supported accommodation where McNaughton, 33, was a resident.
McNaughton was originally charged with murder but in January this year prosecutors accepted a plea to the lesser charge of culpable homicide.
Sentencing was delayed several times due to problems finding a secure hospital to accommodate her.
Mrs Rutherford’s family attended multiple court hearings where they learned there had been failed discussions about transferring McNaughton to two clinics, as well as the Rampton Secure Hospital in England.
Amy said the court process had been traumatic.
She said: “We’re not really a priority and they don’t really care what it’s putting families through and kind of neglect that whole side of it.
“We weren’t guided through it like we would like to be.”
In June, it was confirmed that McNaughton would receive treatment at the Priory Hospital Llanarth Court in Monmouthshire, Wales – deemed a medium-risk facility.
But the family say McNaughton should only be in a high secure facility, the highest level of secure mental health care in Scotland.
This is for patients who pose "a grave and immediate danger to others if at large".
However, there is no facility at this level for women in Scotland.
McNaughton stabbed Mrs Rutherford repeatedly during the attack in March last year.
Staff had tried to get McNaughton psychiatric help after she reported hearing voices but were told she would have to go to a GP to get a new referral.
Michele’s husband William said sending McNaughton to the medium-risk facility in Wales was "just endangering staff".
“They’ve categorised these people for a reason," he said.
"To me, if you’ve got a high-risk person they go into a high-risk facility – that facility is geared up to deal with that person.
"Why are you putting a high-risk person into a medium-risk facility that’s maybe not geared up for them, the staff isn’t trained to the right levels."
In recent years a small number of women in Scottish prisons with specialist mental health care needs have been sent to Rampton high-security hospital in Nottinghamshire.
A review in 2021 said sending women requiring high secure psychiatric to England was “indefensible” and that Carstairs should be reopened to women within nine months. This did not happen.
However, Ms Todd said that "there will be forensic, high-secure care for women in Scotland in the future" and that the Scottish government was committed to the issue.
She said "a lot of collaboration within the system" would be required for Carstairs to be used for women again, citing building work, staffing work and security issues as hurdles to be overcome.
Ms Todd added that the decision to place McNaughton in a medium-risk facility was made "due to to a clinical decision… about the level of care that they need and the level of security that they need".
The family said the timing of the proposal was suspicious and still “too late for them”.
They feel their mother has been lost in much of the media coverage about McNaughton.
Michele Rutherford worked as a carer and care manager for two decades.
She loved family walks along the beach in Ayr and holidays together in Florida in the US.
Amy said their hope is to ensure other families do not have to go through the same trauma.
“I don’t think we’ll ever get justice,” she added.
“We are trying to push this so much so there’s something good to come from it, so my mum’s just not gone for no reason.”
The Crown Office and Procurator Fiscal Service said it appreciates the concerns raised by the family "and recognises the frustration they feel".
A spokesperson added “While prosecutors play no part in where a prisoner is moved within the prison estate, we have sought to assist them in providing as much information as we can and have raised their concerns with the relevant (Scottish government) ministers.
“The family was also informed that the Lord Advocate intends to hold a Fatal Accident Inquiry into the circumstances of Michele Rutherford’s death.
“We will keep the family informed of further developments and would be happy to meet them again if that would be of assistance.”
