The family of a dad who was given a controversial prison sentence has been left "devastated" after it will not be reviewed by the government.
Thomas White, from Bury, was given a Imprisonment for Public Protection (IPP) sentence in 2012 after robbing a mobile phone.
IPPs were a type of indeterminate sentence courts could impose after being introduced by the Criminal Justice Act 2003.
Thomas, who is said to have a history of committing petty crimes, was ordered to serve a minimum of two years, only a few months before IPPs were abolished.
The dad-of-one, now aged 39, has been in jail for more than 10 years with no sign of a release date.
His sister Clara White, who lives in Greenmount, has spent years of her life campaigning against the sentence and was given hope before Christmas that he would be resentenced.
Thomas' mental health has been damaged, leaving him with psychosis, his son Kayden, 13, without a dad, and the family "no hope".
Three years ago Kayden wrote a letter to the government asking for his dad to be released.
But the government has now rejected a recommendation from the Justice Select Committee to review all IPP sentences that were imposed under law that effectively allows indefinite terms of imprisonment.
Read more: Hope for release from prison for Bury dad who has served 11 years after robbing phone
Last year, Clara, 41, said she "cried with joy for two days” when she found out the Justice Select Committee believes IPPs were irredeemably wrong.
Read more: Family of Bury dad air frustration after delay to sentencing decision
But after being told the government has rejected recommendations from the committee, her family's hopes have been shattered.
She said: "I really am totally and completely devastated."
“This isn't the end, it can't be.
“Thomas spoke to me on the phone last week and you can hear it in his voice, he doesn’t think he will ever be released, and this is going to have a detrimental effect.”
During Clara’s battle on behalf of her brother, she developed PTSD and trauma.
Although she speaks to her brother every day over the phone, she can no longer see him in prison as a result of the effect it has on her mental health.
She said: “My mum and daughter went to see him recently and although he is over 6ft, he is around eight stone and has lost all the hair on his right eyebrow.
“My daughter said his hair has also started falling out and his beard now only grows in certain patches.
"This sentence nearly broke him mentally and it's now physically taking its toll.”
Nearly 3,000 people remain in prison under the IPP legislation, with almost half of these having been recalled to prison after earlier being released.
The committee also discovered that IPP sentences caused hopelessness and despair, giving rise to higher levels of self-harm and suicide.
Clara added: “We won't stop fighting for justice though and are going to seek legal action under Article 3 of the Human Rights Act, freedom from torture and inhuman or degrading treatment, because that’s what an IPP is, torture."
Margret White, mum of Clara and Thomas, said: “I'm the mother of an IPP and the grandmother and carer for a child of an IPP prisoner.
“My son has had to try and raise my grandchild when he can through the telephone and letters which isn't right.
“What hurts so much is they had the chance to change this horrendous sentence that he never should have received, he has served far more time than he should have.
“Families will never stop fighting this inhumane sentence.”
Speaking on the government's decision, chair of the committee, Sir Bob Neill, said the government missed an opportunity to “right a wrong that has left nearly 3,000 people behind”.
He said: “The committee recognised that addressing this issue would not be easy – that's why we recommended that a small, time-limited committee of experts be set up to advise on the resentencing exercise.
“We are not only disappointed with this government response but genuinely surprised.
“There is now a growing consensus that a resentencing exercise is the only way to comprehensively address the injustice of IPP sentences and that this can be done without prejudicing public protection.
“Our report said this nettle needed to be grasped by all three branches of the state – government, Parliament and the judiciary.
“But the government has not listened.
"The nettle has not been grasped and, as a result, these people will remain held in an unsustainable limbo.”
Another key recommendation in the committee’s report was to reduce the licence period during which released IPP prisoners can be recalled to custody for breach of their conditions, from 10 years to five.
The government has also rejected this recommendation.
Bury North MP James Daly, who is also a member of the committee said: “I know the government’s response will greatly disappoint all those who continue to be impacted by IPP sentences.
“Throughout the time I remain in Parliament I will continue to campaign for the government to implement the Justice Select Committee’s full recommendations as I believe it is not only in the interests of justice but fundamentally the right thing to do.”
Clara said she will also continue her campaigning and wants those who have dismissed the recommendations to “see a real-life IPP prisoner".
She said: “We gave it everything that we could and it clearly wasn't enough for them even with the significant evidence of the damage it's been causing.
“Nobody has identified what an IPP looks like, what this sentence has done to them.
“Thomas knows he has to ring us every day and we're just going to keep loving each other through this and keep praying that there's another way.”
Sam Samworth, an ex-prison officer in HMP Manchester, known as Strangeways, has been speaking to families affected by IPP sentences, including Clara, and was appalled by the decision.
He said: “It is shocking and probably one of the biggest injustices I have witnessed.
“I have come across lads who struggled to get out of an IPP, I have come across lads who are no longer alive and never left prison because of the IPP.
“For people to continue to turn their back on this sentence, to ignore...it really is shocking.
“Most of these prisoners aren't even close to a risk to the public and judges, they didn't understand the sentence, I didn't understand it at first.
“But, it's criminal in itself that has been so misused and misappropriated.”
Clara thanked campaigners Roddy Russell, Sherry Nicole, Henry Rossi, Donna Mooney, and Sam Samworth for all their help adding that they won't stop until they see justice.
In response, a Ministry of Justice spokesperson said: “Protecting the public is our number one priority and resentencing all IPP offenders risks undermining this by releasing dangerous prisoners into our communities.
“Our current approach has already reduced the number of unreleased IPP prisoners by three-quarters since 2012 and new laws mean their sentences are reviewed 10 years after release.
“We are also now changing the rules so IPP offenders with five years’ good behaviour in the community will have their continued supervision reviewed automatically.”
If you have a story tweet @BuryTimes or @Heywoodharriet_ or email Harriet.Heywood@newsquest.co.uk.
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