HMP Kilmarnock

(HMCIPS) This inspection of HMP Kilmarnock marked a first for HMIPS and the SPS; the first inspection of a prison in Scotland transferred from the private to the public sector. It is to everyone’s credit that a safe, controlled transfer had been achieved, with no prisoner unrest. The Target Operating Model for the prison is based on holding 500 prisoners, but soon after the transfer to the public sector the prison was required to accommodate up to 157 additional prisoners. Whilst HMIPS acknowledges the overpopulation issue in Scottish prisons and the long-term pressure on prison places this brings, it was unfortunate that the team at Kilmarnock were not given time to embed the SPS systems before this additional pressure. It also meant that we found 223 cells designed for one person had been converted into small double cells that were just below internationally recognised minimum space standards, and some cells were in a poor state with challenges in decorating them because of the higher numbers being held. In contravention of the United Nations Standard Minimum Rules for Prisoners (the Nelson Mandela Rules), on 22 May 2025, 38 cells were being shared by convicted and remand prisoners. Performance against all nine standards were rated as only “generally acceptable” whereas on the previous inspection in October 2021, performance against four standards were assessed as satisfactory and the remaining five as generally acceptable. Much of what had been good under Serco was still in place. The relationships between staff and prisoners were positive and respectful. These strong staff- prisoner relationships reduced risks of violence, and the Intelligence Management Unit (IMU) shared information appropriately to strengthen that safety factor. The unfortunate pattern of increasing staff assaults seemed linked to prisoners with deteriorating mental health who were being managed under Prison Rule 41. Respect for prisoners was demonstrated during disciplinary hearings which were person-centred and gave prisoners the chance to make representations. Compensation claims were investigated thoroughly and where claims were successful, they were delivered, even where the prisoner had subsequently been liberated. There was an excellent approach to work, education and gym. Remand prisoners were able to access the same activities as convicted prisoners. There was a good range of employment opportunities for the size of prison, and the wages were at SERCO levels which seemed to act as an incentive for people to engage. There were good quality educational opportunities and gym staff offered a broad range of well- structured programmes, including for prisoners held in the Separation and Re- integration Unit (SRU). The cultural acceptance of non-offence and offence-protection prisoners living and working together was impressive and avoided the need to run multiple (and curtailed) regimes, which we have seen in other prisons. Visits worked well for both domestic and agents’ visits.

on HMP Kilmarnock 19 to 23 May 2025 In terms of prisoner care and health, Talk To Me (TTM) case conferences were of a high standard. Long-term conditions were managed well by the healthcare team and there was improved training for nurses in palliative care. There was timely access to addictions support. Prisoners retained possession of their own medication, in line with the community. Unsurprisingly, such a transition has held its challenges, and the prison staff were still working through these. Communication between staff and agencies had suffered, partially due to uncertainty about what the transition to the public sector meant in practical terms for individuals and their roles. The transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) legislation timescales meant information about staff was delivered only 28 days before the changeover, leaving people with high levels of anxiety. There had been significant movement and rotation of staff with consequent uncertainty about who was responsible for what. This had affected cleanliness and hygiene in residential and dining areas, and improvements were required in training and management of equipment. Action to embed Equality and Diversity issues had regressed since our last inspection with a complete reset now required, again because of staff moving on and the systems not surviving the individual. In Scotland, the Public Sector Equality Duty requires public authorities to have “due regard” to the need to eliminate unlawful discrimination, advance equality of opportunity, and foster good relations between people who share a protected characteristic and those who do not. The prison may be failing in this public sector duty. The large and important group of operations staff had to be almost entirely newly recruited, as the transition from private to public sector had given front line staff the choice to select the residential or operations role and most had opted for the residential positions. There had been an impressive investment in training for these new staff, and they were being well supported to settle into their new roles. Many tasks completed by residential officers in SPS prisons were still being completed by other staff at Kilmarnock. This included reception staff completing cell sharing risk assessments and links centre staff completing core screening. Our concern is simply that if these tasks do transfer to residential officers, they are competent and confident and supported during the changeover. The prison was at an early stage in introducing the Personal Officer scheme following its transfer into the public sector. Personal Officers expressed concerns about being fully confident in using the SPS Prisoner Records Version 2 (PR2). Another example where staff needed further support was in changes to paperwork consequent on the transition to the SPS, critically TTM, Use of Force, and paperwork placing people under various rules. We found other issues we commonly find. Prisoners arrived at the prison after healthcare staff had left so no healthcare assessment could be undertaken until the following morning; the numbers of people being segregated exceeded the capacity of the SRU, leaving several held on rules in the main residential areas, making it difficult for staff to manage and compromising access to time in the fresh air for this group; the complaints system did not work well with complaints going missing, not being recorded and not answered; the lack of a formal relationship with the local authority library services restricted what the prison library could provide.

on HMP Kilmarnock 19 to 23 May 2025 Improvements needed around health services included health promotion; communication to patients of changes to medication; ensuring prisoners can access both secondary care appointments and smoking cessation programmes and better tracking of the time between assessment and the start of treatment to identify delays and manage waiting times. Some good aspects were not applied consistently. For example, information for prisoners on admission was delivered by peer supporters which was a good model, but they were not always available and there was no formal support for non-English speakers. Some good practices under Serco had been lost. On reception the previous practice had been that prisoners were only strip searched if the body scanning process revealed something. Now all prisoners were routinely being strip searched as well as being passed through the body scanner. Key members of the psychology team had left or been redeployed nationally, leaving prisoners at the prison with reduced access to programmes. On our previous inspection we found the active support for Prisoner Information Action Committees (PIACs) and consultation with prisoners impressive. During this inspection we found a lack of prisoner consultation and engagement. The auditing process which was well embedded under the private sector had not made the transition well to the SPS Prison Resource Library (PRL) auditing system. We also found numerous occasions where risk assessments and policy documents had been cut and pasted from other prisons with that prison’s name still on the document. The use of information technology had long been a positive feature at HMP Kilmarnock, with kiosk technology providing important information for prisoners. Changes made as a consequence of the move to the SPS had, for example, reduced the level of information available to foreign prisoners in their own language, such as the complaint process. Some positive elements from the private sector model had been lost. The decision not to take on the body worn cameras because they were at the end of their working life was understandable, but staff were now left without such technology until the national roll out. Decisions to disperse the previous dedicated specialist dog drug search team to the wider estate had an impact on prisoners swiftly receiving items from their families, as previously the local team had cleared them for issue on the same day. There was widespread dissatisfaction about food in our prisoner survey and healthier choices were difficult to make. The transition had led to increased procurement costs, logistical delays and more food waste due to less flexible procurement arrangements, which had previously benefitted from Serco’s international buying power. There are opportunities for the future under the transition, especially if the best of what Kilmarnock has offered during its history can be maintained and built on – the positive relationships between staff and prisoners and the focus on meaningful time out of cell and engagement in the activities on offer. The short-term plans to improve facilities such as the reconfiguration of the healthcare centre open up possibilities for more ambitious long-term plans and capital bids.

on HMP Kilmarnock 19 to 23 May 2025 It is important that lessons are learnt for any future transfers from private to public sector to minimise the loss of good outcomes for prisoners and make the transition easier for staff. Inspectors described 84 desired outcomes, and we encourage the prison and SPS HQ to focus on ensuring the following fifteen key ones: For Kilmarnock:
■ Key desired outcome 1: Equality and Diversity is fully embedded into the thinking of all prison staff. The challenges faced by prisoners with protected characteristics, particularly foreign nationals and disabled prisoners, in accessing information and securing equality of opportunities and treatment within the prison are identified and addressed. There is a coordinated calendar of social and cultural events, with a specific focus on raising awareness and understanding of those with different backgrounds, cultures, and abilities.
■ Key desired outcome 2: Prisoners are not strip searched when a body scan is undertaken and reveals nothing and risk assessments for all prisoners in reception are conducted in a private setting.
■ Key desired outcome 3: Victims of bullying are protected and supported, and perpetrators of bullying are challenged.
■ Key desired outcome 4: There is a sufficient variety of employment opportunities with vocational training supporting prisoners to develop job related skills and qualifications to assist them in seeking employment on release.
■ Key desired outcome 5: All prisoners have the opportunity to access their legal entitlement of one hour in the fresh air daily.
■ Key desired outcome 6: Mechanisms for consultation and collaboration with prisoners are in place, used regularly and represent the wider views of prisoners with agreed actions tracked and updates provided.
■ Key desired outcome 7: Prisoners judge the quality and acceptability of food more highly during the next pre-inspection survey than on this inspection, and standards for the safe handling, preparation and serving of food are met.
■ Key desired outcome 8: Prisoners and staff benefit from clear systems which deliver good basic hygiene and cleanliness throughout the prison. Staff and prisoners are trained and confident in how to maintain hygiene, including biohazards, with appropriate equipment and kit provided. Cleaning equipment is held in designated cleaning areas and not in cells.
■ Key desired outcome 9: Action points from internal SPS audit processes and external scrutiny bodies are implemented speedily and robustly monitored by the senior management team to ensure the agreed improvements are delivered. Safe systems of work, SOPs and risk assessments specific to the prison are in place.

on HMP Kilmarnock 19 to 23 May 2025 For Kilmarnock and the NHS:
■ Key desired outcome 10: Access to dentistry is in line with national waiting times standards.
■ Key desired outcome 11: Systems and processes are in place to regularly audit infection prevention and control precautions with improvement actions taken when non-compliance is identified. For SPS HQ:
■ Key desired outcome 12: Prisoners are able to make complaints freely and have them addressed with a method of escalation where needed.
■ Key desired outcome 13: Convicted and remand prisoners do not share the same cell.
■ Key desired outcome 14: Only one prisoner is held in cells designed for one.
■ Key desired outcome 15: Those held under Rule 95 are in suitable accommodation with a staff group dedicated to ensuring all statutory rights are met and that the conditions in which they are held do not amount to solitary confinement. Staff continually work with them towards a return to mainstream location.

on HMP Kilmarnock 19 to 23 May 2025