Source · Select Committees · Justice Committee
Recommendation 164
164
Deferred
Revise drug testing policy for dual response: disciplinary action and treatment referral.
Conclusion
The MoJ and HMPPS must revise the drug testing policy to ensure that positive test results consistently trigger a dual response: swift and certain disciplinary action (with a rehabilitative element) and an immediate, 60 mandatory referral for a clinical needs assessment and engagement with tailored substance misuse treatment and psychosocial support. (Recommendation, Paragraph 24)
Government Response Summary
The government's response focuses on measures to prevent the diversion and misuse of prescription medication within prisons, including improved guidance on supervising medicine queues from 2026. It does not directly address the recommendation for a dual disciplinary and mandatory clinical referral response to positive drug test results.
Government Response
Deferred
HM Government
Deferred
We acknowledge the significant risk posed by the diversion and misuse of prescription medication within prisons. To prevent this, guidance on supervising medicine queues is already included in Prison Officer Guides, and harm reduction advice is provided to prisoners to mitigate the impact of the illicit use of prescription medication. HMPPS is working in partnership with NHSE on reducing diversion from medicine queues. Work will begin in 2026 on improved guidance on supervising medication queues to reduce the risk of diversion at the dispensing hatch, and facilitating improved adherence checks completed in partnership with healthcare staff and prison officers. Following this, we will review progress and consider whether further action is required, and whether the specific elements of the Committee’s recommendation on a new system and enhanced queue supervision are necessary and proportionate. More widely, we remain committed to enhancing regulation and strengthening controls over prescription medicines to prevent demand. HMPPS recently responded to a call for evidence from the Advisory Council on the Misuse of Drugs (ACMD) review of the misuse and associated harms of gabapentin and pregabalin as common medicines. The ACMD will advise on the most effective measures to reduce these risks and assess whether their current Class C classification under the Misuse of Drugs Act 1971 has fulfilled its intended purpose. Chapter 3: Drivers of the demand and impact of drugs in prison