Source · Scotland · Fatal Accident Inquiry

George Donald McLellan

Scotland · FAI Reference: PER B47-06 Published: 6 Jul 2007 Sheriff: Sheriff Robert McCreadie Sheriffdom: Tayside, Central and Fife View PDF
Court recommendations Identified
Responses identified 0
8-week deadline 31 Aug 2007
Section 28 status Response pending

Recommendations

It could, and probably should, be the vehicle for a root and branch re-examination of the current practices and planned changes within the eight police forces, with a view to creating a system that meets the needs of a changing prisoner population.

They are as follows: (a) A procedure for confirming and countersigning the vulnerability assessment of a prisoner at each handover should be introduced, for the reasons to which I have already referred.

This would involve very little change in present procedures, but it should ensure that the outgoing and incoming officers focus clearly on the issue of vulnerability, particularly in circumstances where the frequency of the monitoring regime is to be altered.

(b) Priority must be given to the timeous monitoring of vulnerable prisoners, particularly those who are on quarter-hourly or half-hourly observations.

Duty officers and custody officers should be made aware that processing other prisoners must not take precedence over visiting a vulnerable prisoner in his cell, unless there are exceptional circumstances.

(c) Staffing levels should be sufficiently adequate to ensure that effective monitoring can take place without undue delay in the processing of other prisoners, or undue pressure being placed on custody staff.

I suspect that Tayside Police may already have reviewed their staffing levels in the light of the present case, but if they have not, I recommend that they do so now.

Dr Morrison’s suggestion that lay persons - including custody care staff - might be trained to administer a potentially life-saving drug such as Naloxone in an emergency should undoubtedly be followed up.

So should her suggestion that resuscitation equipment should be available, with training on how to use it.

That is a task which should perhaps be undertaken by someone with professional editorial skills who understands the requirement for plain English in official documents.

If that is done, I suggest that a copy of it could be issued to police officers and custody care assistants at the end of their training.

For that reason, I suggest that I could be accompanied by a simple aide-memoire - perhaps in the form of a leaflet - containing the basic rules about the assessment and monitoring of vulnerable prisoners - such as the rousing procedure - which they could keep with them at all times, and which could also be freely available within each police station.
Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The window from publication ran to 31 August 2007. See how we track responses.

Section 28 responses

Response pending

No response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.

Determination details

Reference
PER B47-06
Published
6 July 2007
Sheriff
Sheriff Robert McCreadie
Sheriffdom
Tayside, Central and Fife

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About FAIs

Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b); recipients must respond within 8 weeks under s.28. See the methodology page for detail.

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