Damien Bendall: 'Stark' failures by probation service contributed to four murders in Killamarsh

A series of "very stark" failures by the probation service contributed to the murders of a mother and three children by Damien Bendall in Killamarsh, a coroner has concluded.

An inquest into the deaths of Terri Harris, her children John Paul Bennett and Lacey Bennett and Lacey’s young friend, Connie Gent at a sleepover in Chandos Crescent in September 2021, was held over the last two weeks.

Senior coroner for Derby and Derbyshire Peter Nieto said that while Bendall bore "primary responsibility" for the "brutal and savage" murders, there were "several very stark" failures by both the Probation Service and individuals that "accumulatively" contributed to the deaths.

Today, the dad of Lacey and John-Paul called for "decisive action" to be taken to close the gaps in the service that otherwise could have seen the risk Bendall posed to others.

The inquests into the four deaths, which concluded on Monday, heard multiple reports over two weeks of how Bendall was managed by overworked, stressed and inexperienced probation officers, with the service facing "significant" challenges at the time.

Mr Nieto found that the deaths were contributed to by "acts or omissions by the designated state agency for offending management in the course of Damien Bendall’s offender supervision and management."

The Probation Service accepted 51 separate failings at the inquests, held at Chesterfield Coroner’s Court, in which it accepted a catalogue of missed opportunities and lack of scrutiny concerning Bendall’s supervision going back several years.

At the time of the murders, Bendall was serving a suspended sentence with a curfew and alcohol treatment requirement following an arson committed in 2020.

He was deemed a 'low risk' to partners and children and recommended for curfew at Ms Harris’s home in the pre-sentence report for the arson written by a probation officer, a report that Mr Nieto described as "wholly inadequate and misleading" and that was part of a "profoundly and seriously flawed" report process.

Bendall’s history of serious and violent offences dating back to 2004 and of allegations of domestic abuse against a former partner and inappropriate contact with a young girl in care were missed, due to a "failure to demonstrate sufficient professional curiosity", Mr Nieto said.

“That was an important piece of information to be prominently recorded in the probation report.

"If it had been, it appears to me inconceivable that Damien Bendall would not have been considered to be high risk to children."

Further safeguarding checks were not completed, with no effort made to speak to Ms Harris and her children to assess whether a curfew at her property was suitable, something the Probation Service admitted was "unacceptable".

As part of his "entirely inappropriate and dangerous" curfew, Bendall was made to wear an electronic tag, during the fitting of which he said: "If this relationship goes bad, I will murder my girlfriend and the children."

But these comments were not fed back to the Probation Service, even though they "should very clearly have been", Mr Nieto said.

Bendall’s case was managed by two probation officers with just months of experience between them and who "did not have the experience, qualifications or training to manage the case".

Inadequate guidance and supervision by managers allowed other intervention opportunities to be missed, including Bendall admitting he was using cannabis and strong alcohol and missing at least five meetings with a substance misuse worker, which the coroner said should have prompted a review of his risk level.

However, no intervention came about in time. On the night of September 18, 2021, Bendall murdered his four victims with a claw hammer at the Killamarsh home. In a horrifying twist, Bendall also admitted raping 11-year-old Lacey during the rampage as she lay dying.

He was sentenced to life in prison in December 2022.

After an inquest concluded, lawyer Oliver Cartell of legal firm Irwin Mitchell said on behalf Jason Bennett,John and Lacey’s dad; and Kerry Shelton, Connie’s mum: "This is a shocking case which has left the families and the wider community devastated.

"During the course of the inquest a litany of failings by the Probation Service as to how Damien Bendall was able to commit the terrible crimes he did have been laid bare. The coroner has today found that those failings – including systemic failings –  contributed to the deaths of John and Lacey, their mum Terri Harris, and Connie.

"John, Lacey and Connie were kind and caring children who had their lives and futures taken away from them in the cruellest possible way. On the day of their death, they had been selling sweets to raise money for the charity, Youth Cancer Trust. Jason and Kerry remain traumatised by their deaths and how their children will never get to fulfil their potential or celebrate milestones in life.

 "The hardest thing for them to accept is how failings by the authorities exposed their children to a serious risk of harm. Jason and Kerry believe that if appropriate measures had been taken their children would still be alive today.

"They’re adamant that decisive action now needs to be taken to address the issues identified during the course of the inquest. It is vital that the Probation Service takes proper action following the Report to Prevent Future Deaths which will be made by the coroner.

"Too often in the past we’ve seen reviews and investigations make recommendations which have taken years to implement. It’s crucial that the findings of the inquest aren’t pushed aside. The organisations who could have protected the families need to accept the inquest’s findings and take meaningful and lasting steps to reduce the risk of a similar incident happening again.

 "We continue to support Jason and Kerry at this unimaginably difficult time."

Following the coroner’s conclusion, lawyer David Sandiford, who represented the Probation Service throughout the inquests, said: "We extend afresh our deepest sympathies to the relatives of Terri Harris, Lacey Bennett, John Paul Bennett and Connie Gent, and indeed to all those who mourn them.

"Damien Bendall is rightly serving a whole life order.

"We recognise that the changes made with a view to ensuring that this doesn’t happen again can never undo the terrible loss or assuage the grief of those whose lives will never be the same again."

The house in Chandos Crescent where the murders occurred has since been demolished.