By Caroline Lowbridge
BBC News
An inquest volition beryllium held to analyse wider issues astir however a antheral murdered a parent and 3 children aft being fixed a suspended situation sentence.
Damien Bendall killed his large spouse Terri Harris and her 2 children, on with different child, astatine a location successful Killamarsh successful Derbyshire.
A review into however helium was assessed and managed by probation officers recovered failings "at each stage".
However, the inquest volition besides look astatine issues beyond this.
"There is imaginable for the inquest to beryllium led by the probation report," coroner Peter Nieto said.
"I privation to debar the inquest simply being a re-run of the report."
Mr Nieto was speaking astatine a pre-inquest review, held astatine Chesterfield Coroner's Court connected Tuesday.
During the hearing, helium listed respective issues that are apt to beryllium examined erstwhile a afloat inquest is held astatine a aboriginal date. These include:
- Bendall's offending past and historical risks
- Information presented to Swindon Crown Court erstwhile helium was fixed a suspended condemnation for arson
- Restrictions placed connected him and however they were enforced by probation
- Which agencies held accusation astir him, and which agencies probation consulted
- What accusation was handed over
- Consideration and appraisal made successful narration to Bendall moving to reside with Ms Harris
- Concerns raised by wider family, oregon anyone else, astir Bendall
- Bendall's substance misuse
- Decision-making by probation staff, and supervision and acquisition of probation staff
- Probation processes and workloads
Bendall was fixed a suspended condemnation for arson conscionable 3 months earlier the murders successful September 2021.
If helium had been sent to situation instead, helium would not person been capable to termination Ms Harris, her 13-year-old lad John Bennett, 11-year-old girl Lacey Bennett, and Lacey's 11-year-old person Connie Gent.
He utilized a claw hammer to execution his victims, and helium besides raped Lacey.
According to an autarkic Serious Further Offence (SFO) review, probation failings began successful June 2021, erstwhile Bendall was assessed by a probation serviceman anterior to being sentenced for arson.
The probation serviceman wrote a pre-sentence study to assistance the justice determine the astir suitable sentence. However, the serviceman was "relatively inexperienced" and the prime of the study was "very poor", according to the review.
For example, the important level of unit utilized by Bendall during his erstwhile offending was "not sufficiently examined".
His erstwhile convictions comprised a robbery successful 2010, which near the unfortunate unconscious, utilizing a weapon during an attempted robbery successful 2015, and attacking 3 situation officers successful 2016, which near 1 needing country and months of carnal rehabilitation.
The judge, Jason Taylor QC, gave Bendall a 17-month custodial condemnation but suspended it for 2 years, and gave him a five-month curfew truthful that helium was tagged and could not permission Ms Harris's location astatine definite times.
The justice told Bendall: "I bash not deliberation for a 2nd that you are going to travel backmost to court. I truly anticipation present you person turned [over] a caller leafage and I anticipation you tin transportation connected with the caller section successful your life."
The study into the probation service's handling of Bendall said: "Had DB's [Damien Bendall's] hazard of superior harm to the nationalist and children been correctly assessed arsenic high, and had his hazard of superior harm to partners been correctly assessed arsenic medium, the tribunal whitethorn not person curfewed him to an code with Ms Harris and her children."
Bendall was fixed a whole-life bid for the murders and rape successful December, meaning helium volition ne'er beryllium released.
The coroner has not acceptable a day for the inquest, but indicated it could instrumentality spot successful September.
Another pre-inquest reappraisal could besides beryllium held earlier then.
Probation changes
A Ministry of Justice spokesperson said: "These were appalling crimes. The Chief Probation Officer has apologised to the victims' families for the unacceptable failings successful this lawsuit and disciplinary enactment has been taken against 2 members of staff.
"The other backing of £155m a twelvemonth we person enactment into the Probation Service is being utilized to enlistee thousands much front-line unit and to guarantee home maltreatment and kid safeguarding checks are ever carried retired earlier immoderate offender successful immoderate lawsuit is fixed a curfew.
"The Probation Service has besides improved accusation sharing with constabulary and councils, truthful nary household is enactment astatine specified important hazard again."
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